Legislature(2011 - 2012)CAPITOL 106

04/10/2012 03:00 PM House HEALTH & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 74 INS. COVERAGE: AUTISM SPECTRUM DISORDER TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 98 BIOMETRIC INFORMATION FOR ID TELECONFERENCED
Moved HCS CSSB 98(HSS) Out of Committee
               SB 98-BIOMETRIC INFORMATION FOR ID                                                                           
                                                                                                                                
4:16:18 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  final order of business would be                                                               
CS FOR  SENATE BILL  NO. 98(JUD), "An  Act relating  to biometric                                                               
information."                                                                                                                   
                                                                                                                                
4:17:35 PM                                                                                                                    
                                                                                                                                
SENATOR BILL  WIELECHOWSKI, Alaska  State Legislature,  said that                                                               
the proposed  bill would protect  Alaskans right to  privacy, and                                                               
would  provide   reasonable  protections  to  Alaskans   for  the                                                               
increased use of biometric technology.                                                                                          
                                                                                                                                
4:18:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK  moved to adopt the  proposed House committee                                                               
substitute  (HCS) for  CSSB  98,  Version 27-LS066\L,  Bannister,                                                               
4/9/12, as the working draft.   There being no objection, Version                                                               
L was before the committee.                                                                                                     
                                                                                                                                
4:19:08 PM                                                                                                                    
                                                                                                                                
SAM  GOTTSTEIN, Staff,  Senator Bill  Wielechowski, Alaska  State                                                               
Legislature, directed  attention to  the "Explanation  of Changes                                                               
of SB  98 From  Version R  to Version  L," [Included  in members'                                                               
packets].   He referenced  that the  changes on  page 1,  line 14                                                               
through  page  2,  line  1,  had cleaned  up  language  under  AS                                                               
18.14.010 (b) to  make it clear that an individual  may revoke or                                                               
amend consent if  the original purpose for which  the consent was                                                               
given ceases to  exist.  He stated that there  was no substantive                                                               
change.                                                                                                                         
                                                                                                                                
4:19:44 PM                                                                                                                    
                                                                                                                                
MR.  GOTTSTEIN explained  that the  change  on page  2, line  10,                                                               
removed  the alternative  identification section  of the  bill to                                                               
give the legislature more time  to further examine this issue and                                                               
avoid potential unintended consequences.                                                                                        
                                                                                                                                
MR. GOTTSTEIN recounted that the changes  on page 2, lines 12 and                                                               
17, removed language that would  have given individuals the right                                                               
to have their  biometric information destroyed with  a request in                                                               
writing to maintain the efficacy of biometric verification.                                                                     
                                                                                                                                
4:20:36 PM                                                                                                                    
                                                                                                                                
MR. GOTTSTEIN moved  on to explain that page 2,  line 21, removed                                                               
language banning  the use of biometric  information for marketing                                                               
purposes  or  for  general surveillance  to  avoid  being  overly                                                               
restrictive and allow for more consumer choice.                                                                                 
                                                                                                                                
4:20:57 PM                                                                                                                    
                                                                                                                                
MR.  GOTTSTEIN stated  that page  2,  line 29,  changed the  word                                                               
"knowingly" to  "intentionally" to  provide a higher  standard of                                                               
proof in civil suits to help avoid frivolous lawsuits.                                                                          
                                                                                                                                
4:21:11 PM                                                                                                                    
                                                                                                                                
MR. GOTTSTEIN shared that page  3, line 1, removed subsection (b)                                                               
from the right  of action section to  hold government accountable                                                               
in civil court if there were violations.                                                                                        
                                                                                                                                
4:21:23 PM                                                                                                                    
                                                                                                                                
MR.  GOTTSTEIN discussed  that page  3,  lines 11  and 12,  added                                                               
language  to clarify  that this  legislation would  not apply  to                                                               
photographs.  Directing attention to page  3, lines 16 and 21, he                                                               
said that these  removed references to facial  mapping and facial                                                               
recognition to ensure  that the definition of  biometric data and                                                               
information was not overly broad.                                                                                               
                                                                                                                                
4:21:52 PM                                                                                                                    
                                                                                                                                
MR.  GOTTSTEIN summarized  that page  3, lines  17 and  22, added                                                               
language  defining   a  biometric  to  include   "other  physical                                                               
characteristics of  an individual"  and the recognition  of these                                                               
characteristics in  order to expand  the definition  of biometric                                                               
data and information so that it will maintain relevancy.                                                                        
                                                                                                                                
4:22:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked  if  the biometric  data  would  be                                                               
stored for an unlimited length of time.                                                                                         
                                                                                                                                
MR.  GOTTSTEIN, in  response, said  that the  intent was  for the                                                               
time  limit  to be  outlined  explicitly  when authorization  was                                                               
granted.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  SEATON asked  if it  was stated  in the  proposed                                                               
bill that collection of the data was for a specific time frame.                                                                 
                                                                                                                                
MR. GOTTSTEIN,  in response, directed  attention to page  1, line                                                               
13, which  read "...and how  long the biometric  information will                                                               
be kept."                                                                                                                       
                                                                                                                                
4:24:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  directed attention  to page  2, line  21 -                                                               
23, and asked what this meant.                                                                                                  
                                                                                                                                
4:25:25 PM                                                                                                                    
                                                                                                                                
MR. GOTTSTEIN, in response, offered  his belief that AS 18.15.050                                                               
would allow  a company  to authorize its  own security  and fraud                                                               
protection plans.                                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON asked to clarify  that the intention was to                                                               
not authorize  the collector to  retain the information  after it                                                               
was supposed to be disposed.                                                                                                    
                                                                                                                                
MR. GOTTSTEIN expressed his agreement.                                                                                          
                                                                                                                                
4:26:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON pointed  to page 2, lines 2 -  5, and asked                                                               
to clarify  that the information  could not be shared  except for                                                               
the original purpose of the collection.                                                                                         
                                                                                                                                
MR. GOTTSTEIN expressed his agreement.                                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON asked  for  an amendment  to clarify  that                                                               
this  was  only  for  the   purpose  of  the  original  biometric                                                               
collection.                                                                                                                     
                                                                                                                                
4:27:43 PM                                                                                                                    
                                                                                                                                
MR. GOTTSTEIN directed attention to page  2, lines 6 and 7, which                                                               
clarified that  "this section may  only be made for  the original                                                               
purpose for which the information was collected."                                                                               
                                                                                                                                
REPRESENTATIVE SEATON replied that this satisfied his concern.                                                                  
                                                                                                                                
4:28:13 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER,  directing attention  to  page  3,  lines 4  -  6,                                                               
proposed  removal of  this exemption,  as it  was covered  in the                                                               
following paragraph.                                                                                                            
                                                                                                                                
4:29:37 PM                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI offered his belief  that the State of Alaska                                                               
had previously requested this exemption.                                                                                        
                                                                                                                                
CHAIR KELLER offered his belief that it was already covered.                                                                    
                                                                                                                                
4:30:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA  suggested leaving  it as is,  as removal                                                               
would  limit  its use  by  this  law, so  that  it  would not  be                                                               
authorized.  In  response to Chair Keller, she  said that removal                                                               
of paragraph (1) could also remove the authorization.                                                                           
                                                                                                                                
4:32:04 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER agreed to delay  any more discussion for the removal                                                               
until  the proposed  bill was  addressed in  the House  Judiciary                                                               
Standing Committee.                                                                                                             
                                                                                                                                
REPRESENTATIVE  DICK   expressed  his  support  for   removal  of                                                               
paragraph (1).                                                                                                                  
                                                                                                                                
4:32:40 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER, explaining  that Conceptual  Amendment 1  would be                                                               
inserted  on   page  2,  line  31,   read  [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Insert:                                                                                                                  
                                                                                                                                
     Sec.  18.14.070. Right  of action.   An  individual may                                                                    
     bring   a   civil   action   against   a   person   who                                                                    
     intentionally  violates  this  chapter.  A  person  who                                                                    
     violates this  chapter is liable to  the individual for                                                                    
     actual damages  and a penalty  of $5,000,  except that,                                                                    
     if the  violation resulted in  profit or  monetary gain                                                                    
     to the person, the penalty  is $100,000.  Penalties may                                                                
     be awarded up to the amount specified.                                                                                 
                                                                                                                                
CHAIR KELLER  stated that this  would leave it to  the discretion                                                               
of the judge.                                                                                                                   
                                                                                                                                
SENATOR  WIELECHOWSKI  said that  he  had  no objection  to  this                                                               
conceptual amendment.                                                                                                           
                                                                                                                                
CHAIR KELLER moved to adopt  Conceptual Amendment 1.  There being                                                               
no objection, it was so ordered.                                                                                                
                                                                                                                                
4:34:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  moved to report  HCS CSSB 98,  Version 27-                                                               
LS066\L,  Bannister, 4/9/12,  as amended,  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being no objection, HCS  CSSB 98(HSS) was reported from the                                                               
House Health and Social Services Standing Committee.                                                                            

Document Name Date/Time Subjects
SB74 Vers. A 27-LS0443-A- 3.6.2012.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Sponsor Statement.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Alaska Fiscal Note-DCCED 2.22.12.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Sectional Analysis.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Opposition-Letter-Premera 4.12.11.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Opposition Document-Letter-NFIB 1.31.11.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Opposition Document-Letter NIFB-4.2.12.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Opposition Document- Letter-Premera- Rep Wes Keller- 4.6.12.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Autism Coverage in Alaska 2012.xlsx HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Supprot Document-Autism Intervention Research Findings.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 NCSL - Autism Insurance Legislation.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 US Dept Letter-ehb-faq-508 (2) Autism.pdf HHSS 4/10/2012 3:00:00 PM
SB74 Support Document- Letter-Gov's Council -Member.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Suppport Document Learn the Signs.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Support Letter-Stone Soup Group 3.7.11.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Support Document-Trust Letter2.7.2011.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74-Support Document-Letter-AWL 2010.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Washington State-Autism- fiscal note.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 US Dept Letter-ehb-faq-508 (2) Autism.pdf HHSS 4/10/2012 3:00:00 PM
SB74 Supprot Document- Letter-Gov's Council -Member.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Suppport Document Lear the Signs.pdf HHSS 4/10/2012 3:00:00 PM
SB 74
SB74 Autism Coverage in Alaska 2012.xlsx HHSS 4/10/2012 3:00:00 PM
SB 74
SB 98 Biometrics will be heard in House Health and Social Services Committee.pdf HHSS 4/10/2012 3:00:00 PM
SB 98
SB 98 Version L 4-10-2012.pdf HHSS 4/10/2012 3:00:00 PM
SB 98