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