Legislature(2021 - 2022)BUTROVICH 205
05/06/2021 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB108 | |
| SB109 | |
| SB82 | |
| SB1 | |
| SB4 | |
| SB115 | |
| SB83 | |
| HB3 | |
| SJR12 | |
| SB91 | |
| SB117 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 3 | TELECONFERENCED | |
| += | SB 83 | TELECONFERENCED | |
| + | SB 82 | TELECONFERENCED | |
| *+ | SB 115 | TELECONFERENCED | |
| *+ | SB 1 | TELECONFERENCED | |
| *+ | SB 4 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 108 | TELECONFERENCED | |
| += | SB 109 | TELECONFERENCED | |
| += | SJR 12 | TELECONFERENCED | |
| += | SB 91 | TELECONFERENCED | |
| += | SB 117 | TELECONFERENCED | |
SB 115-ADDRESS CONFIDENTIALITY PROGRAM
5:52:08 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 115
"An Act relating to confidentiality of information; relating to
the duties of the Department of Administration; creating an
address confidentiality program; and providing for an effective
date."
5:52:23 PM
SENATOR JESSE KIEHL, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 115, stated that this legislation creates an
address confidentiality program similar to what 41 other states
have done. He recounted two stories to demonstrate the need for
this program. The first was about a survivor of domestic
violence who got out of a life-threatening marriage. She had a
protective order against her abuser, moved to a new city, and
received her mail at a post office box. He noted that this was
before the days of social media. Quite some time later, she
spotted her abuser waiting in a car outside the post office in
her new city. Senator Kiehl said he didn't want to think what
might have happened if she hadn't spotted her abuser. He said he
learned about the second story from a friend who works in one of
the law enforcement professions. It is not public. In summary,
this individual and his family were threatened and to this day
he fears for his home and his family.
5:53:00 PM
SENATOR KIEHL explained that SB 115 is designed to balance
safety for those who need it while maintaining the various
public records. Survivors of domestic violence, sexual assault,
stalking, peace officers, and correctional officers could
receive their mail - especially their public records mail - at a
central state address. That mail would then be forwarded to the
individual's actual mailing address that remains confidential
and cannot be found through a public records search by an abuser
or someone bent on revenge.
SENATOR KIEHL advised that the Department of Administration
would host the program and that mail would go to the
confidential address for five years after the expiration of a
protective order or the work of a peace officer or correctional
officer ends. He committed to continue to work with the
department, law enforcement, correctional officers, and victim
advocates over the Interim to fine tune the bill for next
session. This work will include a cost estimate based on the
experience of other states. He said he hopes the cost will be
small, but it is a cost worth paying to keep Alaskans safe.
CHAIR SHOWER requested the sectional analysis.
5:57:17 PM
EDRIC CARRILLO, Staff, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska, presented the following sectional
analysis for SB 115.
Sec. 1: Updates court laws to add confidentiality for
peace officers and state and municipal correctional
officers to existing laws for victims and witnesses
Sec. 2: Personal address and telephone number of peace
officers and correctional officers are confidential in
court documents and must be redacted before release.
Sec. 3: Personal address and telephone number of peace
officers and correctional officers are confidential in
open court and cannot be placed in court files unless
ordered by the court.
5:57:55 PM
Sec. 4: Defines state and municipal correctional
officers.
Sec. 5: Assigns the duty to administer an address
confidentiality program to the Department of
Administration.
Sec. 6: Creates the new program, describing its
purpose, requiring a Post Office Box as a substitute
mailing address for enrollees, and requiring the
department to adopt regulations. This section
describes eligibility, requires state and municipal
agency to accept the P.O. Box, and describes the five-
year eligibility period. It lays out how that period
may be extended and forbids the department from
charging a fee. The section allows a peace officer
access to an enrollee's personal address with a search
warrant and establishes penalties for unlawfully
revealing a protected individual's address.
Sec. 7: Establishes a transition period for the
department to adopt regulations to implement the bill.
Sec. 8: Sets an immediate effective date for the
process to adopt regulations.
Sec. 9: Sets an effective date of Feb. 1, 2022 for the
rest of the bill.
5:59:14 PM
SENATOR COSTELLO asked if the bill had a provision to protect
the addresses of individuals on the permanent fund dividend and
voter registration rolls.
SENATOR KIEHL replied, the bill does not change the underlying
law on those addresses but a person participating in the
registry could use the state protected address on their
application.
6:00:30 PM
SENATOR HOLLAND asked if any group was opposed to this
legislation.
SENATOR KIEHL answered that his office had not received any
opposition, he was not expecting any opposition, and his office
was working to make the cost acceptable.
6:01:22 PM
CHAIR SHOWER asked if any consideration was given to including
other categories of individuals such as judges or if the bill
was a model legislation.
MR. CARRILLO answered that the research so far indicates that
the question has been considered but nothing has come of it. He
offered to follow up.
CHAIR SHOWER commented that there may be other categories of
individuals that would benefit from being included. He said he
liked the idea and would suggest casting the net as wide as
possible.
SENATOR REINBOLD suggested doing a risk benefit analysis because
the list could become very broad.
CHAIR SHOWER said he agrees but the concept is solid.
SENATOR KIEHL said he would include those items in the analysis
and the work with the department over the Interim. He noted that
when he introduced similar legislation in the previous
legislature someone made the insightful observation that
regardless of the requirements, the department cannot erase
somebody's Facebook page and other online records. Using himself
as an example, he said he constantly posts on social media as
part of his interaction with friends and constituents so he
would not benefit from this registry. However, the people who
will benefit are those who are seriously guarding their privacy
daily from a major, violent threat. He reiterated that he would
look at the other categories as part of the analysis.
CHAIR SHOWER turned to invited testimony.
6:06:18 PM
MATTHEW DUBOIS, representing self, Juneau, Alaska, stated that
he has been a police officer with the Juneau Police Department
(JPD) since 2007, he is a member of the Public Safety Employees
Association (PSEA) union, and he sits on the board. He said he
was speaking in favor of SB 115, and he had personal examples to
support that position. The first was when a corrections officer
contacted him to relay information he heard while monitoring a
violent felon's prison phone conversation. The individual stated
his intention to look up Officer DuBois's home address when he
was released from jail and cause him harm. The second example
relates to what is called extra patrol. This is when officers
drive by another officer's home because they have received
serious threats. He related that another alarming incident was
learning about a webpage that had profiles of police officers in
Fairbanks and North Pole. The data included the officers' home
addresses, phone numbers, where their spouses worked, and where
their children went to school. He concluded that SB 115 would
not only protect the groups listed in the bill, but also their
families.
SENATOR KIEHL restated his commitment to continue to work with
the people in law enforcement, the victim community, and the
department to refine the bill.
6:09:40 PM
CHAIR SHOWER opened public testimony on SB 115; finding none, he
closed public testimony and advised that public testimony could
be submitted to [email protected].
[SB 115 was held in committee.]