04/30/2024 03:30 PM Senate STATE AFFAIRS
| Audio | Topic | 
|---|---|
| Start | |
| SB193 | |
| SB208 | |
| HB316 | |
| SB229 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 265 | TELECONFERENCED | |
| *+ | HB 316 | TELECONFERENCED | |
| *+ | SB 229 | TELECONFERENCED | |
| *+ | HB 293 | TELECONFERENCED | |
| += | SB 208 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 193 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 30, 2024                                                                                         
                           3:34 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Scott Kawasaki, Chair                                                                                                   
Senator Matt Claman, Vice Chair                                                                                                 
Senator Jesse Bjorkman                                                                                                          
Senator Bill Wielechowski                                                                                                       
Senator Kelly Merrick                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 193                                                                                                             
"An   Act   relating   to  sexual   assault   examination   kits;                                                               
establishing the sexual assault  examination kit tracking system;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
     - MOVED CSSB 193(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 208                                                                                                             
"An Act  relating to  the registration  and titling  of vehicles;                                                               
relating to electronic registration  and titling; relating to the                                                               
powers  of the  commissioner  of administration  with respect  to                                                               
motor vehicles;  relating to the  transfer of  vehicles; relating                                                               
to motor  vehicle liability insurance; relating  to non-domiciled                                                               
commercial   driver's  licenses   and  non-domiciled   commercial                                                               
learner's permits; and providing for an effective date."                                                                        
                                                                                                                                
     - MOVED CSSB 208(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 316(STA) AM                                                                             
"An Act relating to law  enforcement requests for wireless device                                                               
location  information  in  emergencies;   and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 229                                                                                                             
"An Act relating  to gun violence protective  orders; relating to                                                               
the crime of violating a  protective order; relating to a central                                                               
registry  for  protective  orders;  relating  to  the  powers  of                                                               
district judges and magistrates; amending  Rules 4 and 65, Alaska                                                               
Rules  of   Civil  Procedure,  and   Rule  9,  Alaska   Rules  of                                                               
Administration; and providing for an effective date."                                                                           
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 265                                                                                                              
"An Act changing the term 'child pornography' to 'child sexual                                                                  
abuse material.'"                                                                                                               
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 193                                                                                                                  
SHORT TITLE: SEXUAL ASSAULT EXAMINATION KITS/TRACKING                                                                           
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/18/24       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/24       (S)       STA, FIN                                                                                               
03/12/24       (S)       STA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
03/12/24       (S)       Heard & Held                                                                                           
03/12/24       (S)       MINUTE(STA)                                                                                            
04/30/24       (S)       STA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 208                                                                                                                  
SHORT TITLE: VEHICLES:REGISTER;TRANSFER; INS.; LICENSE                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/26/24       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/26/24       (S)       STA, FIN                                                                                               
02/22/24       (S)       STA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
02/22/24       (S)       Heard & Held                                                                                           
02/22/24       (S)       MINUTE(STA)                                                                                            
04/30/24       (S)       STA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 316                                                                                                                  
SHORT TITLE: EMERG WIRELESS DEVICE LOCATION DISCLOSURE                                                                          
SPONSOR(s): C.JOHNSON                                                                                                           
                                                                                                                                
02/09/24       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/09/24       (H)       STA                                                                                                    
02/27/24       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/27/24       (H)       Heard & Held                                                                                           
02/27/24       (H)       MINUTE(STA)                                                                                            
03/05/24       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/05/24       (H)       Moved CSHB 316(STA) Out of Committee                                                                   
03/05/24       (H)       MINUTE(STA)                                                                                            
03/06/24       (H)       STA RPT CS(STA) NEW TITLE 7DP                                                                          
03/06/24       (H)       DP:   WRIGHT,    CARPENTER,   C.JOHNSON,                                                               
                         ALLARD, CARRICK, STORY, SHAW                                                                           
03/20/24       (H)       BEFORE HOUSE IN SECOND READING                                                                         
03/21/24       (H)       TRANSMITTED TO (S)                                                                                     
03/21/24       (H)       VERSION: CSHB 316(STA) AM                                                                              
03/22/24       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/22/24       (S)       STA                                                                                                    
04/30/24       (S)       STA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 229                                                                                                                  
SHORT TITLE: GUN VIOLENCE PROTECTIVE ORDERS                                                                                     
SPONSOR(s): TOBIN                                                                                                               
                                                                                                                                
02/14/24       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/24       (S)       STA, JUD                                                                                               
04/30/24       (S)       STA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOE HAYES, Staff                                                                                                                
Senator Scott Kawasaki                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided the explanation of changes from                                                                  
Version A to B of SB 193                                                                                                        
                                                                                                                                
BRENDA STANFILL, Executive Director                                                                                             
Alaska Center on Domestic Violence and Sexual Assault                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 193.                                                                           
                                                                                                                                
REPRESENTATIVE CRAIG JOHNSON, District 10                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of CSHB 316.                                                                                      
                                                                                                                                
PORTIA SAMUELS, Staff                                                                                                           
Representative Johnson                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions on HB 316.                                                                             
                                                                                                                                
GREG SMITH, Executive Director                                                                                                  
The Kelsey Smith Foundation                                                                                                     
Overland Park, Kansas                                                                                                           
POSITION STATEMENT: Testified by invitation on HB 316.                                                                        
                                                                                                                                
SENATOR LOKI TOBIN, District I                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 229.                                                                                        
                                                                                                                                
LOUIE FLORA, Staff                                                                                                              
Senator Löki Tobin                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the sectional analysis for SB 229.                                                              
                                                                                                                                
CHRISTOPHER CARITA, representing self                                                                                           
Fort Lauderdale, Florida                                                                                                        
POSITION STATEMENT: Testified by invitation on SB 229.                                                                        
                                                                                                                                
KRYSTAL LOPILATO, Senior Policy Counsel                                                                                         
Every Town for Gun Safety                                                                                                       
New York, New York                                                                                                              
POSITION STATEMENT: Testified by invitation on SB 229.                                                                        
                                                                                                                                
AOIBHEANN CLINE, State Director                                                                                                 
National Rifle Association (NRA)                                                                                                
Fairfax, Virginia                                                                                                               
POSITION STATEMENT: Testified in opposition to SB 229.                                                                        
                                                                                                                                
DIANE DESLOOVER, representing self                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 229.                                                                           
                                                                                                                                
MARIAN CLOUGH, representing self                                                                                                
Auke Bay, Alaska                                                                                                                
POSITION STATEMENT: Testified in support of SB 229.                                                                           
                                                                                                                                
JAN CAULFIELD, representing self                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 229.                                                                           
                                                                                                                                
LAURA FLEMING, representing self                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 229.                                                                           
                                                                                                                                
PATRICK MARTIN, representing self                                                                                               
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Testified in opposition to SB 229.                                                                        
                                                                                                                                
RICK MCCLURE, President                                                                                                         
Alaska Gun Rights                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in opposition to SB 229.                                                                        
                                                                                                                                
KITRA CHASYAH, representing self                                                                                                
South Carolina                                                                                                                  
POSITION STATEMENT: Testified in opposition to SB 229.                                                                        
                                                                                                                                
ODETTE EDGAR, representing self                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 229.                                                                           
                                                                                                                                
LUANN MCVEY, representing self                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 229.                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:34:49 PM                                                                                                                    
CHAIR  SCOTT KAWASAKI  called the  Senate State  Affairs Standing                                                             
Committee meeting  to order at 3:34  p.m. Present at the  call to                                                               
order were  Senators Wielechowski,  Bjorkman, Merrick,  and Chair                                                               
Kawasaki. Senator Claman arrived thereafter.                                                                                    
                                                                                                                                
        SB 193-SEXUAL ASSAULT EXAMINATION KITS/TRACKING                                                                     
                                                                                                                                
3:36:05 PM                                                                                                                    
CHAIR  KAWASAKI announced  the consideration  of SENATE  BILL NO.                                                               
193,  "An  Act  relating  to  sexual  assault  examination  kits;                                                               
establishing the sexual assault  examination kit tracking system;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
CHAIR KAWASAKI  noted there was  a committee substitute  (CS) for                                                               
the committee to consider.                                                                                                      
                                                                                                                                
3:36:19 PM                                                                                                                    
CHAIR KAWASAKI solicited a motion.                                                                                              
                                                                                                                                
3:36:22 PM                                                                                                                    
SENATOR MERRICK moved to adopt  the committee substitute (CS) for                                                               
SB 193, work order 33-GS2317\B, as the working document.                                                                        
                                                                                                                                
3:36:33 PM                                                                                                                    
CHAIR KAWASAKI objected for purposes of discussion.                                                                             
                                                                                                                                
3:36:58 PM                                                                                                                    
JOE HAYES, Staff, Senator Scott Kawasaki, Alaska State                                                                          
Legislature, Juneau, Alaska, provided the explanation of changes                                                                
from Version A to B of SB 193:                                                                                                  
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
       SB 193 - Sexual Assault Examination Kits/Tracking                                                                      
                    Summary of Changes From                                                                                     
                Version A to Version 33-GH2317\B                                                                                
     "An Act  relating to  sexual assault  examination kits;                                                                    
     establishing   the  sexual   assault  examination   kit                                                                    
     tracking system; and providing for an effective date."                                                                     
                                                                                                                                
     Section 1:                                                                                                               
     Amendment A.5 added a new  section 1 and renumbered the                                                                    
     subsequent sections  accordingly. The new section  1 on                                                                    
     page  1 following  line 3  of Version  B amends  Alaska                                                                    
     Statute (AS) 12.61.010(a)  to add a new  section to the                                                                    
     crime victim's  right statute to  include the  right to                                                                    
     be  notified of  the  location and  testing  date of  a                                                                    
     sexual  assault  examination  kit  collected  from  the                                                                    
     victim.                                                                                                                    
                                                                                                                                
     Section 2:                                                                                                               
     Page 3,  line 4  and requires  law enforcement  to send                                                                    
     the sexual  assault examination  kits to  an accredited                                                                    
     laboratory with DPS within 20  days of receiving notice                                                                    
     from  the  healthcare  provider, reducing  the  current                                                                    
     time frame of 30 days.                                                                                                     
                                                                                                                                
     Page 3,  line 22 requires the  laboratory receiving the                                                                    
     completed sexual  assault examination kits  to complete                                                                    
     a DNA  test on  the kit within  120 days,  reducing the                                                                    
     current time frame of six months.                                                                                          
                                                                                                                                
     Page 3,  line 26  changes 7 to  14 days  for healthcare                                                                    
     providers  to gather  evidence  and notify  appropriate                                                                    
     law enforcement  agencies that  the sexual  assault kit                                                                    
     is  available to  be sent  to an  accredited laboratory                                                                    
     operated by the Department of Public Safety.                                                                               
                                                                                                                                
3:38:31 PM                                                                                                                    
SENATOR CLAMAN joined the meeting.                                                                                              
                                                                                                                                
3:38:43 PM                                                                                                                    
CHAIR  KAWASAKI  removed  his  objection.  He  found  no  further                                                               
objection and CSSB 193 was adopted as the working document.                                                                     
                                                                                                                                
3:39:05 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:39:25 PM                                                                                                                    
CHAIR KAWASAKI reconvened the meeting.                                                                                          
                                                                                                                                
3:39:48 PM                                                                                                                    
CHAIR KAWASAKI opened public testimony on SB 193.                                                                               
                                                                                                                                
3:40:10 PM                                                                                                                    
BRENDA STANFILL,  Executive Director,  Alaska Center  on Domestic                                                               
Violence  and  Sexual  Assault,   Juneau,  Alaska,  testified  in                                                               
support  of SB  193. She  opined that  rape is  one of  the worst                                                               
things that  can happen to a  woman (second only to  murder). She                                                               
said that rape is a  life altering experience. She commented that                                                               
SB 193  offers victims  a sense  of control  by allowing  them to                                                               
track  their  rape kit  as  it  moves through  the  investigatory                                                               
process. She  added that SB  193 would shorten the  timeframe for                                                               
investigations and  processing. She  emphasized the  efforts that                                                               
have been  made to shorten  the timeframe. She  expressed concern                                                               
about  the nurse's  14-day timeframe  but acknowledged  that this                                                               
would provide them the time they  need to adequately fill out and                                                               
turn in  the necessary paperwork. She  expressed appreciation for                                                               
this legislation.                                                                                                               
                                                                                                                                
3:41:54 PM                                                                                                                    
CHAIR KAWASAKI closed public testimony on SB 193.                                                                               
                                                                                                                                
3:41:59 PM                                                                                                                    
CHAIR KAWASAKI solicited the will of the committee.                                                                             
                                                                                                                                
3:42:02 PM                                                                                                                    
SENATOR  MERRICK  moved  to  report  CSSB  193,  work  order  33-                                                               
GS2317\B,  from  committee  with individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
3:42:16 PM                                                                                                                    
CHAIR KAWASAKI found no objection  and CSSB 193(STA) was reported                                                               
from the Senate State Affairs Standing Committee.                                                                               
                                                                                                                                
3:42:32 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
        SB 208-VEHICLES:REGISTER;TRANSFER; INS.; LICENSE                                                                    
                                                                                                                                
3:44:18 PM                                                                                                                    
CHAIR  KAWASAKI   reconvened  the   meeting  and   announced  the                                                               
consideration of  SENATE BILL  NO. 208, "An  Act relating  to the                                                               
registration  and titling  of  vehicles;  relating to  electronic                                                               
registration  and   titling;  relating  to  the   powers  of  the                                                               
commissioner of  administration with  respect to  motor vehicles;                                                               
relating to the  transfer of vehicles; relating  to motor vehicle                                                               
liability   insurance;  relating   to  non-domiciled   commercial                                                               
driver's   licenses   and  non-domiciled   commercial   learner's                                                               
permits; and providing for an effective date."                                                                                  
                                                                                                                                
3:44:46 PM                                                                                                                    
CHAIR KAWASAKI solicited a motion.                                                                                              
                                                                                                                                
3:44:50 PM                                                                                                                    
SENATOR MERRICK moved to adopt  the committee substitute (CS) for                                                               
SB 208, work order 33-GS2373\B, as the working document.                                                                        
                                                                                                                                
3:45:01 PM                                                                                                                    
CHAIR KAWASAKI objected for purposes of discussion.                                                                             
                                                                                                                                
3:45:14 PM                                                                                                                    
MR.  HAYES  offered the  following  explanation  of changes  from                                                               
Version A to B of SB 208:                                                                                                       
                                                                                                                                
     Page 3, line 4 adds "mobile electronic devices".                                                                           
                                                                                                                                
     Page  4, line  20, adds  a requirement  for drivers  to                                                                    
     carry   a    physical,   electronic    certificate   or                                                                    
     registration in the vehicle.                                                                                               
                                                                                                                                
     Page 8 adds "electronic" to AS 28.15.131.                                                                                  
                                                                                                                                
     Page  9, lines  24-26 adds  the definition  that "every                                                                    
     application  for  an  electronic  driver's  license  or                                                                    
     permit  and   the  electronic  drivers'   licenses  and                                                                    
     permits issued by the department."                                                                                         
                                                                                                                                
     Page  12, Section  37 amends  AS 28.15.271,  adding new                                                                    
     fees for  licenses and  registration as  well as  a new                                                                    
     fee for electronic driver's license or permit.                                                                             
                                                                                                                                
     Page 13, Section 39 adds the following safeguard:                                                                          
     "A peace officer or  other authorized representative of                                                                    
     the  Department of  Public  Safety  presented proof  of                                                                    
     motor   vehicle  liability   insurance   on  a   mobile                                                                    
     electronic device  shall promptly return the  device to                                                                    
     the  person once  the peace  officer or  representative                                                                    
     verifies  that  the  person possesses  proof  of  motor                                                                    
     vehicle liability insurance."                                                                                              
                                                                                                                                
     Page 16, Section 49, lines 14-21 adds the following:                                                                       
     "A  person's display  of an  electronic certificate  of                                                                    
     registration on  a mobile electronic device  under this                                                                    
     subsection  does not  constitute  consent  for a  peace                                                                    
     officer  or officer  or employee  of the  department to                                                                    
     access other contents of  the mobile electronic device.                                                                    
     A  peace officer  presented  with  a mobile  electronic                                                                    
     device under  this subsection is immune  from liability                                                                    
     resulting  from damage  to the  device,  except that  a                                                                    
     peace  officer may  be liable  for civil  damages as  a                                                                    
     result of the peace officer's intentional misconduct."                                                                     
                                                                                                                                
3:48:04 PM                                                                                                                    
CHAIR KAWASAKI withdrew his objection. He found no further                                                                      
objection and CSSB 208 was adopted.                                                                                             
                                                                                                                                
CHAIR KAWASAKI solicited the will of the committee.                                                                             
                                                                                                                                
3:48:39 PM                                                                                                                    
SENATOR MERRICK moved to report CSSB 208, work order 33-                                                                        
GS2373\B, from committee with individual recommendations and                                                                    
attached fiscal note(s).                                                                                                        
                                                                                                                                
3:48:52 PM                                                                                                                    
CHAIR KAWASAKI found no objection and CSSB 208(STA) was reported                                                                
from the Senate State Affairs Standing Committee.                                                                               
                                                                                                                                
3:49:08 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
        HB 316-EMERG WIRELESS DEVICE LOCATION DISCLOSURE                                                                    
                                                                                                                                
3:51:16 PM                                                                                                                    
CHAIR KAWASAKI reconvened the meeting and announced the                                                                         
consideration of CS FOR HOUSE BILL NO. 316(STA) am, "An Act                                                                     
relating  to   law  enforcement  requests  for   wireless  device                                                               
location  information  in  emergencies;   and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
3:51:45 PM                                                                                                                    
REPRESENTATIVE   CRAIG  JOHNSON,   District   10,  Alaska   State                                                               
Legislature, Juneau, Alaska,  sponsor of CSHB 316,  said that the                                                               
intention  of this  legislation is  to help  victims and  to save                                                               
lives. He  stated that HB  316 would codify current  practices of                                                               
law   enforcement   and    telecommunications   companies   while                                                               
clarifying  that   the  law  enforcement  agency   determines  an                                                               
investigation's emergency  status. He explained  that, currently,                                                               
telecommunications companies  can declare  that the  situation is                                                               
not an  emergency. In  addition, HB  316 would  provide liability                                                               
for  telecommunications  companies  who, acting  in  good  faith,                                                               
provide access to data at the request of law enforcement.                                                                       
                                                                                                                                
REPRESENTATIVE  JOHNSON  acknowledged previous  miscommunications                                                               
during discussions of HB 316.  He clarified that this legislation                                                               
would not  change current standards  or requirements  for doctors                                                               
providing  emergency aid.  He  said that  State  v Gibson  (2012)                                                               
remains the standard  for emergency aid. He added that  HB 316 is                                                               
intentionally    limited   in    scope.    He   explained    that                                                               
telecommunications  companies would  be required  to provide  the                                                               
current location of an individual's  phone - and this information                                                               
must  be requested  by a  law  enforcement agency  in an  ongoing                                                               
emergency that involves the risk  of death or serious illness. He                                                               
said that the  need for this change was brought  to his attention                                                               
by the  Kelsey Smith  Foundation. He  briefly described  the case                                                               
involving the abduction and death  of Kelsey Smith and emphasized                                                               
that  Ms. Smith  could have  been saved  if the  location of  her                                                               
phone been provided  to law enforcement. He shared  his hope that                                                               
the provisions in  HB 316 would not be needed  and reiterated the                                                               
importance of  having access  to this  information in  a life-or-                                                               
death situation.                                                                                                                
                                                                                                                                
3:55:07 PM                                                                                                                    
CHAIR KAWASAKI  asked why the telecommunications  company did not                                                               
provide  the  location  information  to law  enforcement  in  the                                                               
Kelsey Smith case.                                                                                                              
                                                                                                                                
3:55:33 PM                                                                                                                    
REPRESENTATIVE JOHNSON deferred the question.                                                                                   
                                                                                                                                
3:55:41 PM                                                                                                                    
PORTIA  SAMUELS,  Staff,  Representative  Johnson,  Alaska  State                                                               
Legislature, Juneau,  Alaska, said  in this case,  although there                                                               
was video  evidence of the  abduction and the parents  called law                                                               
enforcement  immediately,  the telephone  company  representative                                                               
was uncertain how to address the  issue. There were delays due to                                                               
checking  with   the  company's  legal  representative   and  the                                                               
information was  finally released 3.5  days later. She  said that                                                               
31 states  have passed "Kelsey  Smith Act" legislation  since Ms.                                                               
Smith's  abduction in  2007. She  reiterated  that the  telephone                                                               
company representative  did not  know how  to handle  this issue.                                                               
She emphasized  that Ms. Smith  was only 20 miles  away; however,                                                               
by the  time her body  was found (3.5  days later), she  had been                                                               
raped and murdered.                                                                                                             
                                                                                                                                
3:56:59 PM                                                                                                                    
SENATOR CLAMAN asked if  requiring the telecommunications company                                                               
to provide  location information would conflict  with any privacy                                                               
protections that exist within the phone itself.                                                                                 
                                                                                                                                
3:57:43 PM                                                                                                                    
MS.  SAMUELS  replied  that   currently,  the  wireless  provider                                                               
decides whether  to release information. She  explained that most                                                               
companies now have  a process in place. She pointed  out that the                                                               
narrow scope of HB 316 would  only require this information to be                                                               
released   to   law   enforcement   in   an   ongoing   emergency                                                               
investigation that  meets the standard  for exigency -  i.e. when                                                               
someone's life is in danger and/or  there is risk of bodily harm.                                                               
She added  that law  enforcement can obtain  a search  warrant if                                                               
this information is needed in other circumstances.                                                                              
                                                                                                                                
3:59:12 PM                                                                                                                    
SENATOR CLAMAN provided  an example of a  phone manufacturer that                                                               
may be  concerned with issues  of privacy related to  the release                                                               
of  this  information.  He  asked   for  clarification  that  the                                                               
telecommunications  company can  override the  phone manufacturer                                                               
in this instance.                                                                                                               
                                                                                                                                
3:59:30 PM                                                                                                                    
MS. SAMUELS confirmed that this is correct.                                                                                     
                                                                                                                                
3:59:35 PM                                                                                                                    
REPRESENATIVE JOHNSON  emphasized that law enforcement  would not                                                               
be able  to track the phone.  He stated that only  the last known                                                               
location of the cell phone would  be provided - which narrows the                                                               
search to a 2 to 3-mile area.                                                                                                   
                                                                                                                                
4:00:00 PM                                                                                                                    
SENATOR   MERRICK  said   that  she   has  heard   concerns  from                                                               
telecommunication companies  regarding how to  verify if  the law                                                               
enforcement is  legitimate and pointed  out that there  have been                                                               
situations in which law enforcement was impersonated.                                                                           
                                                                                                                                
4:00:23 PM                                                                                                                    
MS. SAMUELS replied that HB 316  was amended to include a written                                                               
request  from a  law  enforcement  agency that  is  in line  with                                                               
official duties. She  reiterated that the request  must also meet                                                               
the   exigency   requirement.   Someone  who   impersonates   law                                                               
enforcement is  in violation and  this is a class  A misdemeanor.                                                               
She  suggested that  this change  would make  impersonations less                                                               
likely to occur.                                                                                                                
                                                                                                                                
4:01:19 PM                                                                                                                    
CHAIR  KAWASAKI asked  if it  is relatively  easy to  request and                                                               
release this information.                                                                                                       
                                                                                                                                
4:01:41 PM                                                                                                                    
REPRESENTATIVE JOHNSON  replied that  the request and  release of                                                               
this  information is  already in  practice. He  briefly described                                                               
his  understanding  of  the process  used  by  telecommunications                                                               
companies  and  law  enforcement   and  surmised  that  there  is                                                               
familiarity   between   the   two   that  allows   for   a   more                                                               
straightforward  process.  He  added  that  his  office  has  not                                                               
received  negative feedback  from any  of the  telecommunications                                                               
companies in the state.                                                                                                         
                                                                                                                                
4:02:35 PM                                                                                                                    
SENATOR  WIELECHOWSKI  directed  attention  to  page  1  and  the                                                               
requirements for  the law enforcement agency  to lawfully request                                                               
this  information.  Moving   to  page  2,  he   pointed  out  the                                                               
consequences  for  violating  these requirements.  He  asked  if,                                                               
according to  this, a police  officer without a  reasonable basis                                                               
to believe that  someone's life is in danger would  be subject to                                                               
a class A misdemeanor.                                                                                                          
                                                                                                                                
4:03:29 PM                                                                                                                    
MS. SAMUELS replied yes. She said  that this section was added in                                                               
to  alleviate   concerns  regarding  potential  misuse   of  this                                                               
process.                                                                                                                        
                                                                                                                                
4:03:59 PM                                                                                                                    
SENATOR  WIELECHOWSKI   asked  for   clarification  that   a  law                                                               
enforcement agent who did not  have a reasonable basis to believe                                                               
there  is an  ongoing emergency  would be  subject to  a class  A                                                               
misdemeanor.                                                                                                                    
                                                                                                                                
MS. SAMUELS replied yes.                                                                                                        
                                                                                                                                
4:04:27 PM                                                                                                                    
SENATOR WIELECHOWSKI expressed concern  regarding the labeling of                                                               
the related  subsections and questioned  whether these  should be                                                               
renamed for clarity.                                                                                                            
                                                                                                                                
4:04:52 PM                                                                                                                    
MS. SAMUELS  replied that  she is  unsure. She  said it  may need                                                               
clarification of the section.                                                                                                   
                                                                                                                                
4:05:06 PM                                                                                                                    
SENATOR   WIELECHOWSKI  suggested   that   deleting  "sub"   from                                                               
"subsection" may provide the necessary clarification.                                                                           
                                                                                                                                
4:05:09 PM                                                                                                                    
REPRESENTATIVE  JOHNSON   commented  that   they  are   not  bill                                                               
drafters.                                                                                                                       
                                                                                                                                
4:05:18 PM                                                                                                                    
SENATOR WIELECHOWSKI reiterated that the wording is not clear.                                                                  
                                                                                                                                
4:05:22 PM                                                                                                                    
REPRESENTATIVE   JOHNSON  returned   to  the   question  of   law                                                               
enforcement  acting in  bad faith  and surmised  that an  officer                                                               
acting in  bad faith would  likely lose  their job and  be barred                                                               
from working in  law enforcement in the future. He  added that an                                                               
individual  who   impersonates  an   officer  would   suffer  the                                                               
penalties related to this crime.  These safeguards are already in                                                               
statute.                                                                                                                        
                                                                                                                                
4:05:53 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  if  location  information  gathered                                                               
without probable cause would be admissible evidence in a trial.                                                                 
                                                                                                                                
4:06:09 PM                                                                                                                    
MS.  SAMUELS  replied  that  it  would be  the  same  as  in  any                                                               
emergency  situation  or  exigent circumstance.  She  shared  her                                                               
understanding that  - as long  as the emergency aid  exception is                                                               
met  - any  evidence  retrieved during  an investigation  becomes                                                               
part of the case file and can  be used in court (unless a warrant                                                               
would  have been  required  to lawfully  obtain  the evidence  in                                                               
question). She added  that the Department of  Public Safety (DPS)                                                               
may be able to clarify.                                                                                                         
                                                                                                                                
4:07:08 PM                                                                                                                    
CHAIR KAWASAKI opened invited and public testimony on HB 316.                                                                   
                                                                                                                                
4:08:08 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
4:13:47 PM                                                                                                                    
CHAIR KAWASAKI reconvened the meeting.                                                                                          
                                                                                                                                
4:14:02 PM                                                                                                                    
GREG  SMITH, Executive  Director,  The  Kelsey Smith  Foundation,                                                               
Overland  Park, Kansas,  testified by  invitation on  HB 316.  He                                                               
said the  Kelsey Smith Act  was named after his  daughter, Kelsey                                                               
Smith, who was  abducted from a department store  and was missing                                                               
for four days. He explained that -  while it took a while for law                                                               
enforcement  to  receive  information  on  the  location  of  Ms.                                                               
Smith's phone  - her body  was recovered  in just 45  minutes. He                                                               
pointed  out that  technology has  changed drastically  since his                                                               
daughter's kidnapping  in 2007. He asserted  that this technology                                                               
is  a necessary  tool for  law enforcement  that enables  them to                                                               
save lives.                                                                                                                     
                                                                                                                                
4:15:25 PM                                                                                                                    
MR.  SMITH emphasized  that HB  316 would  not provide  a way  to                                                               
obtain evidence  of crimes  but would  enable law  enforcement to                                                               
find someone in need of help.  He pointed out that 31 states have                                                               
enacted  similar  laws.  He  said that  he  travels  the  country                                                               
training  law   enforcement  on  wireless  devices   and  exigent                                                               
circumstances. He  shared that  he has  heard many  stories about                                                               
individuals who  have been saved  as a result of  law enforcement                                                               
accessing  the location  of a  device without  need of  a warrant                                                               
when  someone  is  in  danger  of  physical  harm  or  death.  He                                                               
emphasized that the only information  that can be released is the                                                               
device location  (all other information, including  text messages                                                               
and photos, remains  private). He shared a story about  a man who                                                               
suffered a  stroke and was unable  to speak and was  found by law                                                               
enforcement with geolocation. He noted  that there are many other                                                               
stories like this across the country.                                                                                           
4:17:00 PM                                                                                                                    
MR.  SMITH  said that  this  change  in  state law  is  necessary                                                               
because  federal law  makes  it  optional for  telecommunications                                                               
companies  to   provide  this  information.  He   explained  that                                                               
according to  federal law, when law  enforcement agencies request                                                               
a  phone's location  information, wireless  providers can  decide                                                               
whether  the  situation   is  "life  or  death"   -  and  proceed                                                               
accordingly.  He   opined  that,   with  all  the   training  law                                                               
enforcement  receives,  it  makes  sense for  them  to  determine                                                               
whether a  situation constitutes an emergency.  He explained that                                                               
the  Kelsey  Smith  Act  makes  it  mandatory  for  the  wireless                                                               
provider  to give  the location  information  to law  enforcement                                                               
when the necessary  conditions are met. He  added that, according                                                               
to  federal law,  any government  entity can  make a  request for                                                               
wireless  device  location  information.  The  Kelsey  Smith  Act                                                               
narrows this down to law enforcement.                                                                                           
                                                                                                                                
4:19:04 PM                                                                                                                    
CHAIR KAWASAKI  asked what an "exigent  circumstance" entails and                                                               
questioned how this compares to  "emergency" as it is utilized in                                                               
HB 316.                                                                                                                         
                                                                                                                                
4:19:36 PM                                                                                                                    
MR.  SMITH   replied  that  an   "exigent  circumstance"   is  an                                                               
emergency. He  said that the  definition that is most  often used                                                               
came from a federal court  case. He briefly explained the wording                                                               
of  the  federal  definition  and how  it  relates  to  emergency                                                               
situations where there is no time to obtain a warrant.                                                                          
                                                                                                                                
4:20:21 PM                                                                                                                    
CHAIR KAWASAKI closed invited and public testimony on HB 316.                                                                   
                                                                                                                                
4:20:57 PM                                                                                                                    
CHAIR KAWASAKI held HB 316 in committee.                                                                                        
                                                                                                                                
             SB 229-GUN VIOLENCE PROTECTIVE ORDERS                                                                          
                                                                                                                                
4:21:09 PM                                                                                                                    
CHAIR  KAWASAKI announced  the consideration  of SENATE  BILL NO.                                                               
229,  "An  Act  relating  to   gun  violence  protective  orders;                                                               
relating to the  crime of violating a  protective order; relating                                                               
to  a central  registry for  protective orders;  relating to  the                                                               
powers of district  judges and magistrates; amending  Rules 4 and                                                               
65, Alaska Rules of Civil Procedure,  and Rule 9, Alaska Rules of                                                               
Administration; and providing for an effective date."                                                                           
                                                                                                                                
4:22:15 PM                                                                                                                    
SENATOR  LOKI  TOBIN,  District   I,  Alaska  State  Legislature,                                                               
Juneau,  Alaska,  sponsor  of  SB  229,  acknowledged  that  this                                                               
legislation  is contentious  and raises  questions around  second                                                               
amendment  rights. She  emphasized that  infringing on  Alaskans'                                                               
second amendment  rights is  not her  intention. However,  she is                                                               
interested  in  considering  the   way  second  amendment  rights                                                               
interact with public safety.                                                                                                    
                                                                                                                                
4:23:03 PM                                                                                                                    
SENATOR TOBIN  said SB  229 is concerned  with health  and public                                                               
safety issues that need to  be addressed with policy changes. She                                                               
pointed out  that Alaska  has the highest  rate of  youth suicide                                                               
and  domestic violence.  She said  that  extreme risk  protection                                                               
orders have  been proven to  help reduce  the impacts of  these -                                                               
and hopefully  save lives.  She acknowledged that  this is  not a                                                               
silver  solution; however,  extreme risk  protection orders  have                                                               
been  used in  21 others  states to  keep citizens  safe. In  one                                                               
state, the extreme risk protection  legislation has been in place                                                               
for  over a  decade and  has not  been ruled  unconstitutional or                                                               
enjoined -  and has  kept people  from hurting  themselves and/or                                                               
others.  She  shared  her personal  experience  living  in  rural                                                               
Alaska and losing  classmates to suicide by gun.  She pointed out                                                               
that in  states that have  passed similar legislation,  there has                                                               
been an up  to 13.5 percent reduction in suicide,  which is equal                                                               
to 9-16  Alaskans. She said that  while this may not  seem like a                                                               
lot, this number equals the number of classmates that she lost.                                                                 
                                                                                                                                
4:24:58 PM                                                                                                                    
SENTOR TOBIN opined  that SB 229 is a  reasonable pathway forward                                                               
that  provides protections,  stipulations, and  guardrails -  and                                                               
would prevent  people from utilizing  these protective  orders in                                                               
an abusive manner.  She surmised that there  is ample opportunity                                                               
for someone to petition the courts  if they are at risk of having                                                               
their firearms  taken - and  there are pathways to  have firearms                                                               
returned after  a period of  time. She noted that  the timeframes                                                               
are outlined in  SB 229. She stated that,  while some legislation                                                               
is directed  toward helping victims, this  legislation would help                                                               
prevent people  from becoming  victims. She  shared that  she has                                                               
family in law  enforcement in Alaska and  briefly discussed their                                                               
role in public safety - as well  as the importance of her role as                                                               
a  legislator in  crafting  legislation to  aid  and protect  law                                                               
enforcement. She  noted that the 2022  bipartisan safer community                                                               
act set aside $750 million  for state and local implementation of                                                               
extreme risk  protective orders, which would  provide funding for                                                               
the changes  made by SB 229.  She said that, across  the country,                                                               
extreme  risk  protection  orders   prevent  50-100  people  from                                                               
accessing  firearms  that  would  potentially  be  used  to  harm                                                               
themselves or others.                                                                                                           
                                                                                                                                
4:27:45 PM                                                                                                                    
LOUIE   FLORA,   Staff,   Senator  Löki   Tobin,   Alaska   State                                                               
Legislature,  Juneau, Alaska,  presented  the sectional  analysis                                                               
for SB  229. He explained  that Section  6 creates "ex  parte gun                                                               
violence protective  orders," which would allow  a police officer                                                               
to  request an  ex parte  gun violence  protective order.  If the                                                               
court  finds  that the  petition  establishes  probable cause  to                                                               
believe  the  respondent is  dangerous,  the  court can  issue  a                                                               
protective  order  without notice.  He  added  that this  section                                                               
defines  how the  order would  be created.  He said  that SB  229                                                               
creates  a new  section for  gun violence  protective orders  (AS                                                               
18.65.815) - this allows a police  officer to file a petition for                                                               
a protective order.                                                                                                             
                                                                                                                                
MR. FLORA said  that AS 18.65.825 applies to  the modification of                                                               
a gun  violence protective  order and  allows police  officers or                                                               
the  respondent to  request changes  to the  order. AS  18.65.830                                                               
addresses  the surrender  of firearms  and ammunition  and allows                                                               
the court  to order  the respondent  to temporarily  surrender or                                                               
sell all  firearms and/or ammunition  within 48 hours  of receipt                                                               
of the protective order. When  the protective order is terminated                                                               
or  expires, law  enforcement shall  inform  the respondent  that                                                               
their firearms and ammunition are  available. AS 18.65.835 and AS                                                               
18.65.840  describe the  service of  process and  enforcement for                                                               
the protective order.                                                                                                           
                                                                                                                                
4:29:48 PM                                                                                                                    
MR. FLORA  continued his  sectional analysis of  SB 229.  He said                                                               
that AS 18.65.845 defines "household  member" for the purposes of                                                               
establishing a  gun violence protective  order. Section 7  adds a                                                               
conforming amendment  to the existing  powers of  district judges                                                               
and  magistrates allowing  them  to administer  the gun  violence                                                               
emergency  protective  order.   The  remaining  sections  include                                                               
indirect  court  rule  amendments  and  conditional  effects  and                                                               
effective date.                                                                                                                 
                                                                                                                                
4:30:50 PM                                                                                                                    
SENATOR  BJORKMAN asked  for  clarification  regarding the  court                                                               
ordering the  respondent sell their  firearms. He asked  how this                                                               
works with the  court ordering the respondent  to surrender their                                                               
firearms.                                                                                                                       
                                                                                                                                
4:31:49 PM                                                                                                                    
SENATOR TOBIN  replied that  the respondent  has two  options: to                                                               
surrender their firearms or to sell their firearms.                                                                             
                                                                                                                                
4:32:11 PM                                                                                                                    
CHAIR KAWASAKI announced invited testimony on SB 229.                                                                           
                                                                                                                                
4:32:58 PM                                                                                                                    
CHRISTOPHER CARITA, representing  self, Fort Lauderdale, Florida,                                                               
testified by  invitation on SB 229.  He gave a brief  overview of                                                               
his career  in law enforcement and  said that, for the  past five                                                               
years,  he has  been  utilizing gun  violence restraining  orders                                                               
(GVRO)  successfully  to  intervene   in  crises  by  temporarily                                                               
removing firearms  from dangerous situations. This  has prevented                                                               
potential shootings and gun suicides.  He said that while working                                                               
as a detective, he received  his master's degree in public health                                                               
with a focus on violence prevention.                                                                                            
                                                                                                                                
MR. CARITA shared a story  to illustrate the potential lifesaving                                                               
benefits  of GVROs.  He  reiterated  that he  has  used GVROs  to                                                               
prevent  gun  suicides  and  to   remove  firearms  from  violent                                                               
domestic  situations. He  said that  this has  provided time  for                                                               
families to heal and for victims  to reach safety. He stated that                                                               
he  has  utilized  GVROs  at  schools,  workplaces,  and  in  the                                                               
community.                                                                                                                      
                                                                                                                                
4:35:59 PM                                                                                                                    
MR. CARITA  said that most of  the cases are not  contentious. He                                                               
added  that   respondents  and  their  families   are  ultimately                                                               
grateful  for  the  intervention.   He  stated  that  GVROs  have                                                               
significantly  decreased the  number  of  gun violence  tragedies                                                               
that he  has attended as  law enforcement officer.  He encouraged                                                               
passage  of SB  229 which  would prevent  gun violence  deaths in                                                               
Alaska.                                                                                                                         
                                                                                                                                
4:37:13 PM                                                                                                                    
CHAIR  KAWASAKI said  there are  concerns about  the due  process                                                               
with respect to GVROs. He pointed  out that in SB 229, "household                                                               
members"  could include  ex-partners  and offered  an example  in                                                               
which someone  uses a  GVRO to take  their ex-partner's  guns. He                                                               
asked how the GVRO process works in Florida.                                                                                    
                                                                                                                                
4:38:04 PM                                                                                                                    
MR. CARITA  replied that typically,  law enforcement  responds as                                                               
the crisis  is unfolding.  He briefly  explained the  process for                                                               
acquiring a  GVRO in  Florida, which  includes a  sworn affidavit                                                               
accompanied by  any supporting evidence,  and testimony  before a                                                               
judge (under  oath) in order  to obtain the order.  He emphasized                                                               
that  anyone giving  false evidence  (including law  enforcement)                                                               
would result  in jail time (and  loss of employment). He  went on                                                               
to  explain that  a  hearing  is held  within  two  weeks of  the                                                               
emergency  GVRO   being  granted  and  firearms   relinquished  -                                                               
respondent  and law  enforcement present  evidence to  the judge,                                                               
who decides whether to implement the full protection order.                                                                     
                                                                                                                                
MR. CARITA explained  that GVRO lasts for up to  one year, during                                                               
which time  the respondent can  contest the order.  He reiterated                                                               
that  the majority  of  cases are  not  contentious; rather,  the                                                               
respondent  has  cooperated,  acknowledging   that  they  are  in                                                               
crisis. He noted  that Florida has a process in  place to connect                                                               
those   individuals   with   agencies   to   provide   additional                                                               
assistance. He stated that a  family member (or ex-partner) would                                                               
also be required to provide evidence  and a sworn affidavit - the                                                               
standard and  consequence remain  the same.  He pointed  out that                                                               
this is  not something that has  been an issue in  Florida - with                                                               
domestic  violence restraining  orders or  GVROs. He  opined that                                                               
there are more efficient ways to get back at one's partner.                                                                     
                                                                                                                                
4:42:37 PM                                                                                                                    
CHAIR KAWASAKI  asked how  long Florida  has had  risk protection                                                               
orders  (RPO)  and   if  there  have  been   occasions  when  law                                                               
enforcement determined RPO was not warranted.                                                                                   
                                                                                                                                
4:42:55 PM                                                                                                                    
MR.  CARITA replied  that the  agency uses  RPOs judiciously  and                                                               
added that in Florida an RPO  violation is a felony. He explained                                                               
that Florida's  RPO law was created  in the wake of  the Parkland                                                               
school shooting and thus has a  high consequence. As a result, it                                                               
is  used  less  often,  with law  enforcement  turning  to  other                                                               
interventions  before  seeking RPO  (which  are  seen as  a  last                                                               
resort). He  said that law  enforcement has  begun investigations                                                               
and determined that  there are more effective ways  to mitigate a                                                               
problem -  and in some cases  discovered that the threat  was not                                                               
as it initially appeared.                                                                                                       
                                                                                                                                
4:45:01 PM                                                                                                                    
KRYSTAL  LOPILATO,  Senior Policy  Counsel,  Every  Town for  Gun                                                               
Safety, New  York, New York,  testified by invitation on  SB 229.                                                               
She gave  a brief overview  of her organization. She  stated that                                                               
when someone is in crisis and  is a risk to themselves or others,                                                               
they often exhibit  warning signs; however, there  are not always                                                               
tools  available  to  take preventative  action  based  on  these                                                               
signs. She stated that extreme  risk laws empower law enforcement                                                               
and loved  ones to  intervene, by asking  a court  to temporarily                                                               
prevent someone in crisis from  accessing firearms. She said that                                                               
these laws  can help  deescalate emergency  situations and  are a                                                               
critical tool for preventing tragedies  before they occur. SB 229                                                               
provides  several  steps  in support,  preceding  each  with  due                                                               
process protections commensurate with  the potential order that a                                                               
judge  could  issue. She  pointed  out  that  21 states  and  the                                                               
District of  Columbia have  similar extreme  risk laws  in place.                                                               
She added  that these  have been routinely  upheld by  the courts                                                               
(including newer second amendment analysis).                                                                                    
                                                                                                                                
MS.  LOPILATO  stated that  extreme  risk  laws  are not  new  or                                                               
radical  -  and  federal  funding  is  available  for  states  to                                                               
implement these  kinds of crisis  intervention tools.  A national                                                               
extreme  risk  protection  order  resource  center  was  recently                                                               
launched. Many states  are focusing on extreme risk  laws - which                                                               
are proven  to save lives. She  stated that SB 229  includes both                                                               
law enforcement  and family members as  potential petitioners and                                                               
opined  that  this  provides  a balance,  as  both  are  uniquely                                                               
situated. Some families  may not want to  involve law enforcement                                                               
(or may  be in  rural areas  where access  to law  enforcement is                                                               
limited) and this empowers them to  seek help from the court. She                                                               
explained  that  this is  one  reason  many states  include  this                                                               
pathway for families to petition  the court. She stated that GVRO                                                               
laws save lives. She pointed to  the high rate of gun suicides in                                                               
Alaska  and  said that  research  has  shown  a decrease  in  gun                                                               
suicides in states with similar laws in place.                                                                                  
                                                                                                                                
4:49:40 PM                                                                                                                    
CHAIR KAWASAKI opened public testimony on SB 229.                                                                               
                                                                                                                                
4:50:18 PM                                                                                                                    
AOIBHEANN  CLINE,  State  Director,  National  Rifle  Association                                                               
(NRA), Fairfax, Virginia, testified in opposition to SB 229.                                                                    
She  said  that gun  confiscation  orders  strip an  individual's                                                               
constitutional rights - and their  firearms - without due process                                                               
of law. She briefly described  how the United States constitution                                                               
conflicts with SB  229. She expressed concern about  the ex parte                                                               
protection  order.   She  asserted   that  this   legislation  is                                                               
unnecessary and  directed attention to Alaska's  civil commitment                                                               
laws. She  opined that SB  229 is improperly focused  on firearms                                                               
rather  than the  dangerous individual.  She  asserted that  this                                                               
legislation is  a red  herring with  no supporting  evidence. She                                                               
offered data  to support  this argument. She  argued that  SB 229                                                               
creates  dangerous confrontation  situations  and invites  abuse.                                                               
She asserted that  this is groundwork for further  gun control in                                                               
Alaska incentivized by federal funding and overreach.                                                                           
                                                                                                                                
4:53:31 PM                                                                                                                    
DIANE DESLOOVER, representing self,  Juneau, Alaska, testified in                                                               
support of  SB 229. She said  that this legislation is  vital and                                                               
aimed  at preventing  gun violence  in  Alaska. She  said she  is                                                               
advocating on behalf  of her five grandchildren.  She shared that                                                               
she  was  happy  to  raise  her children  in  a  safe  community;                                                               
however, an  increase in mass  shootings means  her grandchildren                                                               
are  not safe.  She stated  that many  mass shooters  exhibit red                                                               
flag behavior  leading up  to their deadly  crimes. SB  229 would                                                               
give law enforcement  and family members a tool  to address these                                                               
red flags  before it  is too  late. She added  that SB  229 would                                                               
protect  due process  rights  while providing  a  legal means  to                                                               
deescalate  and deter  tragedy. She  pointed out  that 21  states                                                               
have similar laws. She questioned  why protecting Alaskans is not                                                               
the obvious  choice. She  offered reflections  on the  Sandy Hook                                                               
school shooting and shared a  poem she wrote from the perspective                                                               
of a Sandy Hook first grader.                                                                                                   
                                                                                                                                
4:56:13 PM                                                                                                                    
MARIAN CLOUGH, representing self,  Auke Bay, Alaska, testified in                                                               
support of  SB 229. She  said she has children  and grandchildren                                                               
living in  Alaska and emphasized  the importance of  finding ways                                                               
to save  lives in light  of the epidemic  of gun violence  in the                                                               
United  States. She  commented that  Florida is  a Republican-led                                                               
state that has  adopted red flag laws. She indicated  that SB 229                                                               
would be a positive step to addressing gun violence in Alaska.                                                                  
                                                                                                                                
4:58:27 PM                                                                                                                    
JAN CAULFIELD,  representing self,  Juneau, Alaska,  testified in                                                               
support  of SB  229. She  expressed disappointment  that Senators                                                               
Wielechowski and Claman  had to leave during the  only hearing on                                                               
this important  topic. She stated  that SB 229 would  give family                                                               
and  law enforcement  a due  process tool  to temporarily  remove                                                               
firearms from a person in crisis  who is showing signs of harming                                                               
themself or others. She noted  that many organizations (including                                                               
the   Office  of   Veterans   Affairs   and  Suicide   prevention                                                               
organizations) recognize the  need to ensure that  guns cannot be                                                               
readily accessed by someone experiencing  a mental health crisis.                                                               
She said 21 states have  adopted similar legislation, recognizing                                                               
that  extreme risk  laws can  mitigate the  risk of  gun violence                                                               
toward oneself  and others. She encouraged  further discussion on                                                               
the broader  topics of gun safety  and gun harm in  Alaska and an                                                               
openness  to  developing solutions  that  would  save lives.  She                                                               
shared several statistics on gun-related  violence in Alaska. She                                                               
emphasized  the importance  of  addressing  these statistics  and                                                               
acknowledged the  concerns regarding gun rights.  She stated that                                                               
this issue should  not be ignored. She pointed out  that there is                                                               
additional gun-related legislation being considered.                                                                            
                                                                                                                                
5:02:17 PM                                                                                                                    
LAURA FLEMING,  representing self,  Juneau, Alaska,  testified in                                                               
support of  SB 229.  She said  that she  is a  former legislative                                                               
staffer. She is also a  parent and grandparent. She urged members                                                               
to  add Alaska  to  the long  list of  states  that have  enacted                                                               
extreme  risk  protective  orders.  She  stated  that  Alaska  is                                                               
currently second  in the  rate of suicide  deaths and  fourth for                                                               
gun related deaths. She asserted that  Alaska does not want to be                                                               
first in either  of these statistics. She stated  that losing 7.5                                                               
percent of Alaskans to death by  suicide does not sound like much                                                               
until you are  directly impacted by this loss.  She listed states                                                               
that have enacted GVPO laws and  opined that Alaska does not want                                                               
to be last  in enacting these lifesaving laws -  and first in the                                                               
number of deaths by gun.                                                                                                        
                                                                                                                                
5:04:34 PM                                                                                                                    
PATRICK MARTIN, representing self,  Wasilla, Alaska, testified in                                                               
opposition to  SB 229.  He expressed  concern with  the assertion                                                               
that this  is a way  to help  those suffering from  mental health                                                               
crises.  He stated  that  these claims  are  unqualified, as  are                                                               
claims that  SB 229 would  help high suicide,  domestic violence,                                                               
and sexual  assault rates. He  added that these claims  are being                                                               
used to justify infringing on  Alaskans' second amendment rights.                                                               
He asserted that  there is no evidence of a  mental health crisis                                                               
in  the state.  He  stated  that there  is  no proven  connection                                                               
between lawful gun ownership and  suicide, domestic violence, and                                                               
sexual assault. He added that  there is no link between violating                                                               
Alaskan's  second amendment  rights and  a reduction  in suicide,                                                               
domestic violence,  and sexual assault  rates. He  questioned the                                                               
data provided  as supporting documentation for  SB 229, including                                                               
a study referenced  in the sponsor statement.  He expressed doubt                                                               
of  the stated  intention behind  this legislation  and suggested                                                               
that   the   true  intention   is   to   infringe  on   Alaskans'                                                               
constitutional rights.                                                                                                          
                                                                                                                                
5:08:00 PM                                                                                                                    
CHAIR KAWASAKI noted  that the aforementioned study  will be made                                                               
available online.                                                                                                               
                                                                                                                                
5:08:13 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
5:08:25 PM                                                                                                                    
CHAIR  KAWASAKI reconvened  the  meeting. He  clarified that  the                                                               
study  in  question  is  the   Princeton  Study  (1991-2016).  He                                                               
reiterated that this would be made available to the public.                                                                     
                                                                                                                                
5:08:58 PM                                                                                                                    
RICK MCCLURE,  President, Alaska  Gun Rights,  Anchorage, Alaska,                                                               
testified in opposition  to SB 229. He asserted that  SB 229 is a                                                               
violation of the second and  fourth amendments of Constitution of                                                               
the United  States and is also  in violation of the  Alaska state                                                               
constitution. He said that thousands  of petitions were submitted                                                               
against the red flag law.                                                                                                       
                                                                                                                                
5:09:58 PM                                                                                                                    
KITRA CHASYAH,  representing self,  South Carolina,  testified in                                                               
opposition to SB  229. She stated that she is  planning on moving                                                               
to  Alaska. She  shared  her  story as  a  domestic violence  and                                                               
mental abuse  survivor. She  opined that if  someone is  going to                                                               
commit a  crime, GVPO will  not stop  them. She asserted  that SB
229  would merely  disarm law-abiding  citizens. She  shared that                                                               
she has trained to use  a firearm for self-protection. She stated                                                               
that the best way to protect  victims is to teach them to protect                                                               
themselves.  She added  that  SB 229  is not  a  safe option  for                                                               
herself or for others in similar situations.t                                                                                   
                                                                                                                                
5:13:03 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
5:13:51 PM                                                                                                                    
CHAIR KAWASAKI reconvened the meeting.                                                                                          
                                                                                                                                
5:15:58 PM                                                                                                                    
ODETTE  EDGAR, representing  self, Juneau,  Alaska, testified  in                                                               
support of  SB 229. She  said that  suicides leave a  gaping hole                                                               
for  family  members  that ripples  through  the  community.  She                                                               
shared her  belief that this  legislation is a reasonable  way to                                                               
save lives.                                                                                                                     
                                                                                                                                
5:16:41 PM                                                                                                                    
LUANN  MCVEY, representing  self,  Juneau,  Alaska, testified  in                                                               
support of SB  229. She said she is a  retired schoolteacher from                                                               
Douglas, Alaska.  She shared  a brief  history of  her experience                                                               
working  with  children  and  their  families.  She  stated  that                                                               
children experience  depression, anger,  and frustration  - which                                                               
can escalate  into the taking of  a life. She said  that everyone                                                               
experiences strong  negative emotions  - and  they may  choose to                                                               
take  up a  firearm  and  act on  these  emotions.  SB 229  would                                                               
provide a tool to avoid  gun violence in situations where certain                                                               
behaviors cause  concern. She  pointed out  that Alaska  does not                                                               
currently have  any way  to protect  against gun  violence toward                                                               
self and/or others.                                                                                                             
                                                                                                                                
5:19:33 PM                                                                                                                    
CHAIR  KAWASAKI  offered apologies  to  those  waiting online  to                                                               
testify. He held public testimony on SB 229 open.                                                                               
                                                                                                                                
5:20:12 PM                                                                                                                    
SENATOR  TOBIN thanked  the  committee for  hearing  SB 229.  She                                                               
added  that  this  legislation is  reasonable  and  protects  due                                                               
process. She  reiterated that she  grew up in rural  Alaska, with                                                               
firearms  in the  home.  She also  has firearms  in  her home  in                                                               
Anchorage. She emphasized  that SB 229 is  not about infringement                                                               
upon second amendment rights; rather,  it is about protecting the                                                               
lives of  Alaskans and empowering  courts and law  enforcement to                                                               
take preventive action. She said  that at any given time, someone                                                               
is thinking about  hurting themselves or someone else  with a gun                                                               
-  and this  is an  opportunity to  discuss what  can be  done to                                                               
prevent this.                                                                                                                   
                                                                                                                                
CHAIR KAWASAKI held SB 229 in committee.                                                                                        
                                                                                                                                
5:22:38 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair  Kawasaki  adjourned  the  Senate  State  Affairs  Standing                                                               
Committee meeting at 5:23 p.m.