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