Legislature(1993 - 1994)

04/07/1994 08:40 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HB 392    An   Act  relating   to  the   confidentiality  of                 
            permanent fund  dividend application  information;                 
            relating to  the permanent fund  dividend program;                 
            and providing for an effective date.                               
                                                                               
            CS HB 392 (FIN) was reported out of Committee with                 
            "no  recommendation" with  a  fiscal note  by  the                 
            Department of Revenue dated 3/04/94.                               
                                                                               
  HOUSE BILL 392                                                               
                                                                               
       "An  Act relating to  the confidentiality  of permanent                 
       fund dividend application  information; relating to the                 
       permanent fund  dividend program; and  providing for an                 
       effective date."                                                        
                                                                               
  RICHARD VITALE, STAFF,  REPRESENTATIVE PARNELL, stated  that                 
  the  legislation was  developed  in  coordination  with  the                 
  Permanent Fund Dividend Division in order to improve, update                 
  and place into law  some of the current regulations  of that                 
                                                                               
                                1                                              
                                                                               
                                                                               
  program.                                                                     
                                                                               
  THOMAS WILLIAMS, DIRECTOR, PERMANENT FUND DIVIDEND DIVISION,                 
  DEPARTMENT  OF REVENUE,  commented  that the  Department  of                 
  Revenue strongly supports the proposed legislation.                          
                                                                               
  Representative  Martin  MOVED to  adopt  Amendment  #1 which                 
  would protect  the military  family.   Mr. Williams  advised                 
  that the Department would not  support Amendment #1 pointing                 
  out that a spouse of a  military member can currently "piggy                 
  back" on the allowable absence of a resident.  He added that                 
  Amendment #1  would treat  military as  a special  category.                 
  Discussion followed among Committee members and Mr. Williams                 
  regarding Amendment #1.  Representative Parnell OBJECTED.                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Foster, Martin, Larson.                                  
       OPPOSED:       Brown,  Grussendorf,  Hanley,   Hoffman,                 
                      Parnell, MacLean.                                        
                                                                               
  Representatives Navarre  and Therriault were not present for                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (3-6).                                                     
                                                                               
  Representative Martin MOVED to adopt Amendment #2 creating a                 
  new  subsection  (ii)  which  would  address the  spouse  or                 
  dependents  of  a  resident  or  nonresident member  of  the                 
  military forces on active duty.                                              
                                                                               
  Mr.  Williams  stated the  Department  of Revenue  would not                 
  support  Amendment  #2  reiterating   that  it  would  treat                 
  military separately.  Representative Parnell OBJECTED.                       
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Foster, Martin.                                          
       OPPOSED:       Grussendorf,  Hanley, Hoffman,  Parnell,                 
                      Brown, MacLean, Larson.                                  
                                                                               
  Representatives Navarre and Therriault were  not present for                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (2-7).                                                     
                                                                               
  Representative Brown MOVED to adopt  Amendment #3 noting the                 
  intent  would be to  address the  disclosure to  the federal                 
  courts of  information including  birth date  for jury  duty                 
  use.   She remarked that  the amendment would  identify that                 
  public  records  must  be  kept  confidential.    There  was                 
  discussion  regarding the  two  amendments  provided to  the                 
                                                                               
                                2                                              
                                                                               
                                                                               
  Committee which would address the  same concern pointing out                 
  that both amendments were numbered #3.  The Committee agreed                 
  to  accept the language  as submitted  by the  Department of                 
  Revenue as Amendment #3.                                                     
                                                                               
  Representative Parnell MOVED to adopt the amendment provided                 
  by the Department of Revenue.  Representative Brown MOVED to                 
  delete the language "social  security numbers" to  Amendment                 
  would be more  restrictive than the current language.  There                 
  being NO OBJECTION, it was adopted with the proposed change.                 
                                                                               
  Representative Brown questioned the need for the addition of                 
  Section #15 in the  legislation.  Mr. Williams advised  that                 
  Section #15 would  provide a  release of information  clause                 
  which would clarify specific rights to  privacy information.                 
                                                                               
                                                                               
  (Tape Change, HFC 94-110, Side 2).                                           
                                                                               
  Representative  Brown  reiterated that  personal information                 
  should be  kept confidential as it  is in current law.   The                 
  proposed Section #15 would  change that premise.  She  noted                 
  her concern  with the  overall right  to privacy  premise as                 
  proposed in the legislation.   Representative Brown MOVED to                 
  adopt Amendment #4 which would insert additional language to                 
  Page 9, Line 11, explaining that information would relate to                 
  an individual's application or dividend.                                     
                                                                               
  Representative Brown then suggested a language  change which                 
  would delete  "may" and  insert "is"  to the  first line  of                 
  Amendment #1.  Representative Parnell OBJECTED to  Amendment                 
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Grussendorf,  Hoffman,  Martin,   Brown,                 
                      MacLean.                                                 
       OPPOSED:       Hanley, Parnell, Therriault, Larson.                     
                                                                               
  Representatives Navarre and Foster were  not present for the                 
  vote.                                                                        
                                                                               
  The MOTION PASSED (5-4).                                                     
                                                                               
  Representative Brown MOVED TO WITHDRAW  Amendment #5.  There                 
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  Representative Brown MOVED  to adopt  Amendment #6,  Section                 
  (a) of Amendment #6 and deleting Section (b) of the proposed                 
  amendment.  She stated that the amendment would continue the                 
  status  quo,  whereas,  failure  to  adopt  Section  (a)  of                 
                                                                               
                                3                                              
                                                                               
                                                                               
  Amendment  #6   would  remove  the  requirement  to  provide                 
  automated  data.    Representative  Martin  requested   more                 
  restrictive  language than  that provided  by Amendment  #6.                 
  Representative Martin OBJECTED.                                              
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Hanley,   Parnell,  Therriault,   Brown,                 
                      Grussendorf, MacLean, Larson.                            
       OPPOSED:       Hoffman, Martin.                                         
                                                                               
  Representatives Foster and Navarre were  not present for the                 
  vote.                                                                        
                                                                               
  The MOTION PASSED (7-2).                                                     
                                                                               
  Representative Brown MOVED to adopt Amendment #7 which would                 
  insert  the language "collect"  to Page 10,  Line 11, before                 
  "penalty".  Representative Larson OBJECTED.                                  
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Hoffman,  Martin,  Parnell,  Therriault,                 
                      Brown, Grussendorf, Hanley, Maclean.                     
       OPPOSED:       Larson.                                                  
                                                                               
  Representatives Navarre and Foster were  not present for the                 
  vote.                                                                        
                                                                               
  The MOTION PASSED (7-2).                                                     
                                                                               
  Representative Parnell MOVED to  report CS HB 392 (FIN)  out                 
  of Committee  with individual  recommendations and  with the                 
  accompanying fiscal notes.  Representative Brown OBJECTED.                   
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Martin,       Parnell,       Therriault,                 
                      Grussendorf,  Hanley, Hoffman,  MacLean,                 
                      Larson.                                                  
       OPPOSED:       Brown.                                                   
                                                                               
  Representatives Foster and Navarre were  not present for the                 
  vote.                                                                        
                                                                               
  The MOTION PASSED (8-1).                                                     
                                                                               
  CS  HB  392 (FIN)  was reported  out  of Committee  with "no                 
  recommendations"  and  with  a  zero   fiscal  note  by  the                 
  Department of Revenue dated 3/04/94.                                         

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