Legislature(2017 - 2018)BUTROVICH 205

03/20/2018 03:30 PM STATE AFFAIRS

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Audio Topic
03:29:45 PM Start
03:31:04 PM Confirmation Hearing(s): Commissioner, Department of Administration; Personnel Board
04:17:27 PM SB192
04:58:19 PM SB159
05:14:14 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees TELECONFERENCED
Commissioner of Administration:
Leslie Ridle
Personnel Board:
Al Tamagni
-- Public Testimony on Appointees --
*+ SB 159 PERS/TERS DISTRIBUTIONS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 192 VOTING: ADDRESS CONFIDENTIALITY; FEES TELECONFERENCED
Moved CSSB 192(STA) Out of Committee
          SB 192-VOTING: ADDRESS CONFIDENTIALITY; FEES                                                                      
                                                                                                                                
4:17:27 PM                                                                                                                    
CHAIR MEYER called the committee  back to order. He announced the                                                               
consideration of Senate Bill 192 (SB 192).                                                                                      
                                                                                                                                
SENATOR GIESSEL moved to adopt  the committee substitute (CS) for                                                               
SB 192, version 30-LS1354\D as the working document.                                                                            
                                                                                                                                
CHAIR MEYER  announced that without  objection the CS for  SB 192                                                               
was before the committee. He  asked Ms. Marasigan to explain what                                                               
the CS does.                                                                                                                    
                                                                                                                                
4:18:37 PM                                                                                                                    
CHRISTINE   MARASIGAN,  Staff,   Senator   Meyer,  Alaska   State                                                               
Legislature, Juneau,  Alaska, explained  that the CS  changes the                                                               
fee for the  voter registration list to $100  per Senate district                                                               
and $1,500  for the state's  entire voter registration  list. She                                                               
disclosed  that in  committee discussion  there was  concern that                                                               
$1,000 was  too much but  as the  sponsor pointed out  there were                                                               
other  states  that  charged  even   more.  She  noted  that  the                                                               
secondary concern  addressed the  $1,000 fee for  an unaffiliated                                                               
person running  for a local office  that had to incur  the higher                                                               
fee. She  pointed out  that the CS  effectively addresses  both a                                                               
local nonaffiliated person running for  office who would only pay                                                               
$100 for a Senate district  voter registration list, and then the                                                               
CS effectively  ups the cost  for a statewide  voter registration                                                               
list for the State of Alaska.                                                                                                   
                                                                                                                                
CHAIR MEYER asked  if the statewide voter  registration fee would                                                               
be $1,500.                                                                                                                      
                                                                                                                                
MS. MARASIGAN answered correct.                                                                                                 
                                                                                                                                
CHAIR  MEYER  summarized  that  the intent  is  to  not  prohibit                                                               
someone  running  for  office  to   get  the  voter  registration                                                               
information for  their district but  at the same  time discourage                                                               
somebody from buying the whole state's voter registration list.                                                                 
                                                                                                                                
4:20:31 PM                                                                                                                    
CHAIR MEYER objected to the CS for discussion purposes.                                                                         
                                                                                                                                
SENATOR COGHILL asked  for an explanation of  the thought process                                                               
on the Senate district fee.                                                                                                     
                                                                                                                                
CHAIR MEYER replied the discussion went back and forth.                                                                         
                                                                                                                                
MS. MARASIGAN detailed the discussion as follows:                                                                               
                                                                                                                                
     One  of the  interesting points  of discussion  came up                                                                    
     when  a campaign  is interested  in  obtaining a  voter                                                                    
     registration  list, a  lot of  times  when running  for                                                                    
     state House or a  legislative seat, they are affiliated                                                                    
     with  a  party  and  they   are  able  to  obtain  that                                                                    
     information  through  that affiliation;  however,  when                                                                    
     you have  somebody who  is running  for a  school board                                                                    
     seat or  a borough seat,  or a municipality seat,  or a                                                                    
     city council  seat, that sometimes that  is larger than                                                                    
     a  House district  and  might  encompass several  House                                                                    
     districts, in  fact maybe encompass  one or  two Senate                                                                    
     districts, it  was felt  that by  the $100  price point                                                                    
     that it still  keeps it low enough where  a fairly well                                                                    
     organized  campaign should  be  able to  obtain such  a                                                                    
     list at that price.                                                                                                        
                                                                                                                                
SENATOR COGHILL said Ms. Marasigan made a good point.                                                                           
                                                                                                                                
4:22:15 PM                                                                                                                    
CHAIR MEYER removed  his objection. He asked  the bill's sponsor,                                                               
Senator  MacKinnon,  to comment  on  the  CS.  He noted  that  an                                                               
amendment was forth coming.                                                                                                     
                                                                                                                                
4:22:49 PM                                                                                                                    
SENATOR  ANNA   MACKINNON,  Alaska  State   Legislature,  Juneau,                                                               
Alaska,  sponsor of  SB  192, commented  that  the dollar  amount                                                               
changes in  the CS  were certainly  the committee's  privilege as                                                               
well as any amendment brought forward.  She asked to speak to the                                                               
bill after the new bill is offered.                                                                                             
                                                                                                                                
4:23:47 PM                                                                                                                    
SENATOR COGHILL moved Amendment 1, [30-LS1354\D.1]:                                                                             
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                        BY SENATOR COGHILL                                                                 
     TO:  CSSB 192(STA), Draft Version "D"                                                                                      
                                                                                                                                
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "relating to the confidentiality of                                                                          
     voters' addresses"                                                                                                       
          Insert    "establishing    the   Alaska    address                                                                  
     confidentiality program"                                                                                                 
                                                                                                                                
     Page 1, line 5, through page 3, line 4:                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
     Page 3, line 5:                                                                                                            
          Delete "Sec. 4"                                                                                                     
          Insert "Section 1"                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, lines 16 - 28:                                                                                                     
          Delete all material and insert:                                                                                       
        "* Sec. 2. AS 15.07.195(b) is amended to read:                                                                      
          (b)  In addition to the information in (a) of                                                                         
     this section,  the address of a  voter participating in                                                            
     the Alaska address  confidentiality program established                                                                
     under AS 44.23.100 - 44.23.104  may not be disclosed. A                                                                
     voter who  is not a  participant in the  Alaska address                                                                
     confidentiality program  may elect  in writing  to keep                                                                
     the  voter's residential  address confidential  and not                                                                    
     open  to  public inspection  if  the  voter provides  a                                                                    
     separate  mailing address.  However, notwithstanding  a                                                                
     voter's   participation    in   the    Alaska   address                                                                
     confidentiality  program or  [AN]  election under  this                                                                
     subsection,  a  voter's   residential  address  may  be                                                                    
     disclosed to                                                                                                               
               (1)  a watcher appointed under AS 15.10.170                                                                      
     and,  in  the  case  of   a  watcher  appointed  by  an                                                                    
     organization  or   group  sponsoring  or   opposing  an                                                                    
     initiative, referendum, or  recall group, authorized by                                                                    
     the director;                                                                                                              
               (2)  an observer of a recount provided under                                                                     
     AS 15.20.440(b)  by a  candidate,  political party,  or                                                                    
     organized  group  having  a   direct  interest  in  the                                                                    
     recount; or                                                                                                                
               (3)  the subject of a recall election if the                                                                     
     voter voted in the recall election."                                                                                       
                                                                                                                                
     Page 4, following line 8:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "*  Sec.  4.  AS 44.23  is  amended  by  adding  new                                                                
     sections to read:                                                                                                          
       Article 2. Alaska Address Confidentiality Program.                                                                     
          Sec. 44.23.100. Alaska address confidentiality                                                                      
     program.   (a)  The   Alaska  address   confidentiality                                                                  
     program is established in the  Department of Law. Under                                                                    
     the program,  an individual who is  eligible under this                                                                    
     section   may  use   an  address   designated  by   the                                                                    
     department under  AS 44.23.102 as the  individual's own                                                                    
     address,  designate  the  department to  receive  mail,                                                                    
     legal  process,  and  voter  registration  or  absentee                                                                    
     ballots on  behalf of the individual,  and provide that                                                                    
     the  department forward  the mail,  legal process,  and                                                                    
     voter  materials  to  the individual's  actual  mailing                                                                    
     address. The department  may not charge a  fee to apply                                                                    
     for or participate in the program.                                                                                         
          (b)  An individual is eligible for the program if                                                                     
     the individual                                                                                                             
              (1)  is a resident of the state and                                                                               
               (A)  a victim, or a parent or guardian of a                                                                      
     minor  child who  is a  victim,  of stalking,  domestic                                                                    
     violence,  or  sexual assault  or  a  crime in  another                                                                    
     jurisdiction  with  elements substantially  similar  to                                                                    
     stalking,  domestic violence,  or sexual  assault, that                                                                    
     was  reported  to a  criminal  justice  agency in  good                                                                    
     faith; or                                                                                                                  
               (B)  has been granted, or has been granted                                                                       
     on  behalf of  a minor,  a protective  order issued  or                                                                    
     filed under AS 18.65.850 -  18.65.870 or AS 18.66.100 -                                                                    
     18.66.180; and                                                                                                             
               (2)  files a completed application under (c)                                                                     
     of this section.                                                                                                           
          (c)  An individual may apply to the department to                                                                     
     participate  in  the   program.  The  department  shall                                                                    
     approve an application that is  filed in the manner and                                                                    
     on  the   form  prescribed   by  the   department.  The                                                                    
     application must contain                                                                                                   
               (1)  the applicant's name;                                                                                       
               (2)  the applicant's actual residential and                                                                      
     mailing addresses;                                                                                                         
               (3)  if applicable, identification of a                                                                          
     state or  municipal agency that employs  the individual                                                                    
     against  whom  an  allegation   of  abuse  against  the                                                                    
     applicant  or member  of the  applicant's household  is                                                                    
     made;                                                                                                                      
               (4)  evidence  satisfactory to the department                                                                    
     of  the applicant's  eligibility under  (b)(1) of  this                                                                    
     section; and                                                                                                               
               (5)  a sworn statement by the applicant that                                                                     
               (A)  the applicant  resides or will reside at                                                                    
     a  location in  this state  that  is not  known to  the                                                                    
     individual  or individuals  who  are the  subject of  a                                                                    
     report or order  described in (b)(1)(A) or  (B) of this                                                                    
     section;                                                                                                                   
               (B)   the  applicant agrees  not to  disclose                                                                    
     the applicant's  actual residential or  mailing address                                                                    
     to the  individual or individuals  who are  the subject                                                                    
     of a report  or order described in (b)(1)(A)  or (B) of                                                                    
     this section; and                                                                                                          
               (C)   the applicant understands  and consents                                                                    
     to  the following  attributes and  requirements of  the                                                                    
     program:                                                                                                                   
               (i)   a participant  will be enrolled  in the                                                                    
     program  for  a  period  of   three  years  unless  the                                                                    
     participant submits notice  of cancellation under (vii)                                                                    
     of this  subparagraph or is  disenrolled under  (ii) of                                                                    
     this subparagraph;                                                                                                         
               (ii)   a  participant is  required to  notify                                                                    
     the  department when  the participant's  actual address                                                                    
     or  legal name  changes;  if the  participant fails  to                                                                    
     notify  the  department  under this  subparagraph,  the                                                                    
     department  may  disenroll  the  participant  from  the                                                                    
     program;                                                                                                                   
               (iii)   a participant is required  to develop                                                                    
     a   safety  plan   in   consultation  with   department                                                                    
     personnel;                                                                                                                 
               (iv)  by participating in the program, a                                                                         
     participant authorizes  the department to  notify state                                                                    
     and  municipal agencies  and units  of government  that                                                                    
     the individual is a program participant;                                                                                   
               (v)  the department will notify a program                                                                        
     participant  when the  participant's three-year  period                                                                    
     is about  to expire under  (i) of this  subparagraph or                                                                    
     if the  department is set to  disenroll the participant                                                                    
     under (ii) of this subparagraph;                                                                                           
               (vi)  a participant who receives a                                                                               
     notification  under (v)  of this  paragraph may  timely                                                                    
     update the  participant's information or  may re-enroll                                                                    
     in the  program within  six months  after the  date the                                                                    
     department issues the notification;                                                                                        
               (vii)  a participant may discontinue                                                                             
     participation in the program  at any time by submitting                                                                    
     a  written notice  of cancellation  to the  department;                                                                    
     and                                                                                                                        
               (viii)  a participant must certify the                                                                           
     department  as the  participant's designated  agent for                                                                    
     service of process.                                                                                                        
          (d)  Upon the filing of a properly completed                                                                          
     application  by an  eligible applicant,  the department                                                                    
     shall certify the applicant as a program participant.                                                                      
          (e)  The department shall adopt regulations                                                                           
     necessary  to implement  and administer  AS 44.23.100 -                                                                    
     44.23.104.                                                                                                                 
          Sec. 44.23.102. Use of designated address;                                                                          
     confidentiality. (a) The  department shall provide each                                                                  
     participant  with a  designated address.  A participant                                                                  
     may request  that state and municipal  agencies use the                                                                    
     address   designated   by   the   department   as   the                                                                    
     participant's  address.  When  creating  a  new  public                                                                    
     record,  state and  municipal  agencies  shall use  the                                                                    
     address   designated   by   the   department   as   the                                                                    
     participant's    substitute    address,   unless    the                                                                    
     department determines that the                                                                                             
               (1)  agency has a bona fide statutory or                                                                         
     administrative   requirement  for   the   use  of   the                                                                    
     participant's  actual address  that would  otherwise be                                                                    
     confidential under AS 44.23.100 - 44.23.104; and                                                                           
               (2)  participant's actual address will be                                                                        
     used   only  for   the  statutory   and  administrative                                                                    
     purposes identified in (1) of this subsection.                                                                             
          (b)  A participant may use the address designated                                                                     
     by the department as the participant's work address.                                                                       
          (c)  The department shall forward all mail                                                                            
     received at  a participant's designated address  to the                                                                    
     participant's  actual address  and provide  the notices                                                                    
     described in AS 44.23.100(c)(5)(C).                                                                                        
          (d)  At the request of a participant or a state                                                                       
     or  municipal   agency  or  unit  of   government,  the                                                                    
     department    shall   provide    to   another    person                                                                    
     confirmation of  the participant's status as  a program                                                                    
     participant.                                                                                                               
          (e)  A state or municipal agency or unit of                                                                           
     government   shall   use    a   participant's   address                                                                    
     designated  under this  section  for official  business                                                                    
     unless the  use of the participant's  actual address is                                                                    
     specifically required by statute.  A state or municipal                                                                    
     agency or  unit of government may  request confirmation                                                                    
     from  the department  of an  individual's  status as  a                                                                    
     program participant.                                                                                                       
          (f)  A person who has received confirmation of an                                                                     
     individual's  participation in  the program  under this                                                                    
     section may not                                                                                                            
               (1)  refuse to use  the address designated by                                                                    
     the department for the participant;                                                                                        
               (2)   require a  participant to  disclose the                                                                    
     participant's actual address; or                                                                                           
               (3)     intentionally  disclose   to  another                                                                    
     person the actual address of a participant.                                                                                
          (g)  Notwithstanding (a) of this section, a                                                                           
     participant  shall  provide  the  participant's  actual                                                                    
     residential  address for  voter registration  and voter                                                                    
     verification purposes  under AS 15 and  AS 29. However,                                                                    
     state  and municipal  officials  and  other persons  to                                                                    
     whom  the  participant's  actual address  is  disclosed                                                                    
     shall keep the address  confidential, except upon court                                                                    
     order,  and  the address  may  not  be disclosed  under                                                                    
     AS 40.25.110 or 40.25.120.                                                                                                 
          Sec. 44.23.104. Definitions. In AS 44.23.100 -                                                                      
     44.23.104,                                                                                                                 
               (1)    "criminal   justice  agency"  has  the                                                                    
     meaning given in AS 12.62.900;                                                                                             
               (2)   "department"  means  the Department  of                                                                    
     Law;                                                                                                                       
               (3)    "domestic  violence" has  the  meaning                                                                    
     given in AS 18.66.990;                                                                                                     
               (4)     "participant"  means   an  individual                                                                    
     enrolled in the  Alaska address confidentiality program                                                                    
     established in AS 44.23.100;                                                                                               
               (5)    "program"  means  the  Alaska  address                                                                    
     confidentiality program established in AS 44.23.100;                                                                       
               (6) "sexual assault" has the meaning given                                                                       
     in AS 18.66.990;                                                                                                           
               (7) "stalking" has the meaning given in                                                                          
     AS 18.65.870."                                                                                                             
                                                                                                                                
CHAIR MEYER objected for discussion purposes.                                                                                   
                                                                                                                                
4:26:14 PM                                                                                                                    
SENATOR COGHILL noted  that he had spoken  with Senator MacKinnon                                                               
and they  did not  see eye-to-eye on  his amendment;  however, he                                                               
felt it  was important to bring  the topic up. He  explained that                                                               
the bill "pulls  the shade down" by taking addresses  off just by                                                               
signing  or checking  a  block. He  conceded  that the  important                                                               
issue is  about privacy,  but the  bill strictly  changes privacy                                                               
regarding voter registration  lists. He noted that  the bill does                                                               
not address confidentiality more broadly.                                                                                       
                                                                                                                                
He   explained   that  the   amendment   is   based  on   address                                                               
confidentiality programs in the  United States. He disclosed that                                                               
the   new   program   will   be   called   the   Alaska   Address                                                               
Confidentiality Program  (ACP) and the  "meat" of the  program is                                                               
addressed in  section 4 of  the amendment. He explained  that the                                                               
program  would  broadly  protect  address privacy,  even  at  the                                                               
municipal level. He specified that  a person would be eligible if                                                               
the individual has been a  victim of stalking, domestic violence,                                                               
sexual  assault, or  have  been granted  a  protective order  for                                                               
stalking.  He detailed  that  an individual  would  apply to  the                                                               
Alaska Department  of Law. He  noted that the program  is modeled                                                               
after Montana law.                                                                                                              
                                                                                                                                
He disclosed that  his thought was to  first have confidentiality                                                               
for  those that  are most  vulnerable, and  the amendment  starts                                                               
there by creating  the program and defining  eligibility. He said                                                               
an eligible  applicant provides their  address and makes  a sworn                                                               
statement that their address is  confidential. He summarized that                                                               
the program is  a broad approach that  addresses eligibility, the                                                               
application process, and  how the Alaska Department  of Law could                                                               
use an individual's address.                                                                                                    
                                                                                                                                
He revealed that  he spoke with the Alaska Department  of Law and                                                               
conceded that the Alaska Address  Confidentiality Program will be                                                               
new to the department, but the  program is not new in departments                                                               
of  law. He  explained  that  the Alaska  Department  of Law  was                                                               
chosen because the department would  most likely know who victims                                                               
of stalking  are, domestic violence, sexual  assault, and granted                                                               
protective orders.                                                                                                              
                                                                                                                                
SENATOR    COGHILL   summarized    that   the    Alaska   Address                                                               
Confidentiality Program is  a new deal in Alaska.  He opined that                                                               
the bill's  sponsor believes his  proposal is narrower  than what                                                               
she would like, a point of  view that he understands; however, he                                                               
believes  that  the  research  he has  done,  and  the  resulting                                                               
program would address the most  vulnerable, first. He pointed out                                                               
that  his proposal  does  not require  conviction,  just a  sworn                                                               
statement and an application for the Alaska Department of Law.                                                                  
                                                                                                                                
4:29:38 PM                                                                                                                    
CHAIR  MEYER  noted  that  39 other  states  have  programs  like                                                               
Senator Coghill's proposal. It is not a totally new proposal.                                                                   
                                                                                                                                
SENATOR COGHILL revealed  that he talked with  the Alaska Network                                                               
on Domestic Violence  and Sexual Assault (ANDVSA)  and noted that                                                               
ANDVSA liked  his approach.  He conceded  that ANDVSA  would like                                                               
his  proposal because  they  are  the ones  that  are focused  on                                                               
protecting the  most vulnerable population. He  asserted that his                                                               
proposal would be  a real benefit to ANDVSA. He  pointed out that                                                               
he did not propose the  Alaska Address Confidentiality Program to                                                               
be exclusively for  ANDVSA, but his proposal was a  result of the                                                               
question that was  posed by Senator MacKinnon's bill.  He said he                                                               
was not a fan of doing  what the bill's sponsor proposed and that                                                               
was  allowing anybody  that wanted  to  take their  name off  the                                                               
registered  voters list.  He emphasized  that his  proposal is  a                                                               
good  solution without  going  down  the road  that  the road  of                                                               
allowing anyone  to take  their name  off the  voter registration                                                               
list.                                                                                                                           
                                                                                                                                
CHAIR MEYER  asked if his  address would be kept  confidential if                                                               
he had a hunting and fishing license.                                                                                           
                                                                                                                                
SENATOR  COGHILL answered  yes  and noted  his  intent for  broad                                                               
protection.                                                                                                                     
                                                                                                                                
CHAIR MEYER  asked if an  address would be protected  in property                                                               
tax and similar databases.                                                                                                      
                                                                                                                                
SENATOR  GIESSEL stated  that she  had several  questions because                                                               
the  proposed   amendment  basically  creates  a   new  bill  for                                                               
committee members to consider. She  addressed page 3, lines 21-24                                                               
and  asked  if the  amendment  proposes  a limited  participation                                                               
period of 3 years.                                                                                                              
                                                                                                                                
SENATOR COGHILL answered correct.                                                                                               
                                                                                                                                
SENATOR  GIESSEL noted  that on  page 4,  lines 3-6  that Senator                                                               
Coghill proposes  that confidentiality  would have to  be renewed                                                               
and that  the department would  notify program  participants when                                                               
to renew.                                                                                                                       
                                                                                                                                
SENATOR COGHILL answered right.                                                                                                 
                                                                                                                                
SENATOR GIESSEL  asked what  would happen  if a  notification was                                                               
mailed to  the wrong address  where the individual  that receives                                                               
the   mail   has   bad   intentions.   She   inquired   why   the                                                               
confidentiality requires renewal every three years.                                                                             
                                                                                                                                
SENATOR  COGHILL  replied  that  Senator  Giessel  posed  a  good                                                               
question that his  office had considered as  broadly as possible.                                                               
He  noted that  a  protective  order does  not  last forever  and                                                               
commented as follows:                                                                                                           
                                                                                                                                
     The very  issues that they  would apply  for, stalking,                                                                    
     sexual assault,  it would be the  circumstances of life                                                                    
     would have to be rethought as  we move along, and so it                                                                    
     would not preclude them from  reapplying, but we didn't                                                                    
     want  somebody's  name  on  the  rolls  forever  for  a                                                                    
     protective order,  that's all.  I'm open  to discussion                                                                    
     on that, but the way we  saw it was that you were doing                                                                    
     it  based  on  an  affidavit,  based  on  an  event,  a                                                                    
     stalking,  a domestic  violence,  something like  that,                                                                    
     and a  protective order does  have a time limit  on it.                                                                    
     So, we  thought we  would go across  a time  frame that                                                                    
     was reasonable and for data  that could be moved, three                                                                    
     years  seemed  reasonable.  If you  talk  about  voting                                                                    
     issues, that would go through  at least one full voting                                                                    
     cycle, it  would give  databases a  chance to  get that                                                                    
     information, but  it also gives somebody  the chance to                                                                    
     go  through  the chapter  of  their  life and  if  they                                                                    
     thought that chapter was not  going to end, they get to                                                                    
     reapply.                                                                                                                   
                                                                                                                                
4:33:16 PM                                                                                                                    
SENATOR GIESSEL replied as follows:                                                                                             
                                                                                                                                
     Interestingly  I've  been  contacted by  someone  whose                                                                    
     entire family was murdered, more  than three years ago,                                                                    
     and this  person has great  concern about  the criminal                                                                    
     being released on parole and  the ramifications of that                                                                    
     person's  behavior. There  are  situations where  three                                                                    
     years would  be a tedious  thing to have to  keep track                                                                    
     of to renew.                                                                                                               
                                                                                                                                
She addressed page 3, lines  29-30 in the amendment regarding the                                                               
requirement  to  develop  a  safety  plan  in  consultation  with                                                               
department personnel.  She asked if  the noted department  is the                                                               
Alaska Department of Law.                                                                                                       
                                                                                                                                
SENATOR  COGHILL  answered  yes.  He explained  that  the  Alaska                                                               
Department  of  Law  would  hide   an  individual's  address  and                                                               
significant  changes  would  have  to be  communicated  with  the                                                               
department.                                                                                                                     
                                                                                                                                
SENATOR  GIESSEL  continued  to  address  coordination  with  the                                                               
Alaska Department of Law as follows:                                                                                            
                                                                                                                                
     Page 5,  line 2, "The  Department of Law  shall forward                                                                    
     all  mail  to  the participant's  designated  address;"                                                                    
     then in the  next under (d), "Shall  provide to another                                                                    
     person confirmation  of the  participant's status  as a                                                                    
     program participant."  I'm not  sure I  understand what                                                                    
     is going  on here. Why  would you supply, I'm  not sure                                                                    
     what the rational is?                                                                                                      
                                                                                                                                
SENATOR COGHILL replied as follows:                                                                                             
                                                                                                                                
     I  think  this  is  when  you are  reaching  out  to  a                                                                    
     municipal that they would have  access to that, sending                                                                    
     it to that party.                                                                                                          
                                                                                                                                
4:35:39 PM                                                                                                                    
JORDAN   SHILLING,   Staff,   Senator   Coghill,   Alaska   State                                                               
Legislature, Juneau,  Alaska, replied to Senator  Giessel's query                                                               
as follows:                                                                                                                     
                                                                                                                                
     One  thing to  note  is that  Legislative  Legal did  a                                                                    
     fairly  comprehensive  nationwide  look  at  how  other                                                                    
     address confidentiality programs  are structured. A lot                                                                    
     of the  language here  is the  exact language  that you                                                                    
     will find in  those other 39 states and this  is one of                                                                    
     those provisions.                                                                                                          
                                                                                                                                
He asked if Senator Giessel was referring to (d) on page 5.                                                                     
                                                                                                                                
SENATOR  GIESSEL answered  yes. She  added that  she intended  to                                                               
address section (c) and (g) as  well. She noted that the sections                                                               
reference  providing the  participants' actual  residence address                                                               
for voter registration and voter verification, something that                                                                   
she thought was the original idea of the bill's original                                                                        
sponsor.                                                                                                                        
                                                                                                                                
MR. SHILLING explained as follows:                                                                                              
                                                                                                                                
     Subsection  (d) does  not require  that the  address be                                                                    
     conveyed to  a municipal  agency; for example,  it just                                                                    
     requires   at   their   request   that   the   person's                                                                    
     participation in the program  is conveyed. For example,                                                                    
     there may be a municipal  agency where a participant in                                                                    
     the program  wants to interact with  government in some                                                                    
     way  and that  requires that  individual to  give their                                                                    
     address and the individual may  say, "Well, I'm part of                                                                    
     a program  called ACP, I've  actually got  a substitute                                                                    
     address  to  provide  in lieu  of  my  actual  physical                                                                    
     address," and I could  have envisioned a scenario where                                                                    
     maybe  the  municipal  agency was  skeptical  or  said,                                                                    
     "Well, I've never  heard of such a program  or prove to                                                                    
     me  that you  get to  use the  substitute address."  It                                                                    
     seems  to  me  that  subsection  (d)  would  allow  the                                                                    
     Department  of Law  or will  require the  Department of                                                                    
     Law to  convey to that  municipal agency that  they are                                                                    
     in fact  a part of the  ACP program, you shall  in fact                                                                    
     accept their substitute address.                                                                                           
                                                                                                                                
4:37:42 PM                                                                                                                    
SENATOR GIESSEL reiterated that if someone is truly trying to                                                                   
disappear, the section seems to be counter to that.                                                                             
                                                                                                                                
SENATOR  COGHILL  interjected and  noted  that  an individual  is                                                               
going to  have electricity  and gas bills.  He specified  that an                                                               
individual  must  show  that  they  are in  the  ACP  program  to                                                               
preclude them from having their address published.                                                                              
                                                                                                                                
SENATOR GIESSEL read subsection (g), line 20 as follows:                                                                        
                                                                                                                                
     Shall  provide  the  participant's  actual  residential                                                                    
     address for voter registration and voter verification.                                                                     
                                                                                                                                
MR. SHILLING replied as follows:                                                                                                
                                                                                                                                
     I believe that  is for the Division of  Elections to be                                                                    
     able to determine if that  individual is truly eligible                                                                    
     to  vote, but  the  Division of  Elections cannot  have                                                                    
     that  person's actual  physical  address  on the  voter                                                                    
     rolls. What  you would  see on the  voter rolls  is the                                                                    
     substitute  address,  but  I   think  the  Division  of                                                                    
     Elections does  truly need to know  your actual address                                                                    
     in order to ensure that you are eligible to vote.                                                                          
                                                                                                                                
SENATOR GIESSEL pointed out that the amendment is a whole new                                                                   
program and asked what the fiscal note might be.                                                                                
                                                                                                                                
MR. SHILLING replied that a fiscal note has not been developed                                                                  
and commented as follows:                                                                                                       
                                                                                                                                
     While  it is  new to  Alaska as  Senator Coghill  said,                                                                    
     it's  actually pretty  common nationwide.  We have  had                                                                    
     some preliminary  conversations with the  Department of                                                                    
     Law and while  they haven't developed a  fiscal note to                                                                    
     my knowledge, they are working  on that. I imagine that                                                                    
     there  is  some  cost to  comprehensively  ensure  that                                                                    
     these   specially  situated   individuals  have   their                                                                    
     address purged from all publicly available databases.                                                                      
                                                                                                                                
CHAIR MEYER noted that the bill goes next to the Senate Finance                                                                 
Committee where the fiscal note can be scrutinized.                                                                             
                                                                                                                                
4:40:02 PM                                                                                                                    
SENATOR MACKINNON commented as follows:                                                                                         
                                                                                                                                
     A bill is an idea and an idea  is in front of you and I                                                                    
     appreciate and respect all of  your perspectives on the                                                                    
     idea. The amendment before you  is actually a bill unto                                                                    
     itself and not one that  I had intended on carrying. We                                                                    
     did research  this for over a  year and a half  and the                                                                    
     bar that  we chose to  place in  our bill and  for your                                                                    
     consideration  as an  alternate was  a sworn  statement                                                                    
     via a checkbox  that would cost no money  to the people                                                                    
     of Alaska  to do  that. A sworn  statement is  what you                                                                    
     are getting  from the new  bill, the amendment  that is                                                                    
     being offered by Senator Coghill.                                                                                          
                                                                                                                                
She asked the chair for some latitude because she has done some                                                                 
research about the "balance of power" and the "need to know."                                                                   
                                                                                                                                
CHAIR MEYER asked if her request pertained to the amendment.                                                                    
                                                                                                                                
4:41:13 PM                                                                                                                    
SENATOR MACKINNON answered yes but noted that her commentary is                                                                 
broad. She explained the limitations that the amendment will                                                                    
impose on SB 192 as follows:                                                                                                    
                                                                                                                                
     Senator Coghill posed  the balance of the  need to know                                                                    
     someone's address  with the need  for an  individual to                                                                    
     determine whether they should  be protected in some way                                                                    
     from someone.                                                                                                              
                                                                                                                                
     I first went to the  Department of Elections to look at                                                                    
     what their  mission was, and  the mission is  to ensure                                                                    
     every eligible Alaskan has  a meaningful opportunity to                                                                    
     cast  a ballot  and have  their ballot  counted and  to                                                                    
     conduct sure and accurate elections.                                                                                       
                                                                                                                                
     To  speak to  a  meaningful  opportunity the  amendment                                                                    
     before you limits the opportunity  of the one family or                                                                    
     both families  and a person  that has emailed me  to do                                                                    
     that, the  person would  not be  able to  qualify under                                                                    
     the "Coghill  amendment," this  is a  person who  has a                                                                    
     distressful  situation happening  with a  family member                                                                    
     and does  not want law enforcement  involved, but wants                                                                    
     their data protected by the  State of Alaska, they want                                                                    
     the opportunity to cast a vote in a meaningful way.                                                                        
                                                                                                                                
     I  went online,  and  I started  searching about  voter                                                                    
     privacy   and  who   is  actually   doing  studies   in                                                                    
     universities across  the world. The one  that I'm going                                                                    
     to quote in a moment  is by David Maass, dated February                                                                    
     29, 2016 and  it is entitled, "Voter  Privacy, What You                                                                    
     Need to Know  About Your Digital Trail  During the 2016                                                                    
     Election," and I  did look at other  resources too, but                                                                    
     under their section that says, "Public Information."                                                                       
                                                                                                                                
     Many   people  think   voter  records   are  completely                                                                    
     private, so we  have a constituency that  is growing to                                                                    
     distrust the  government that  is elected  to represent                                                                    
     them. By  not allowing individuals the  freedom to cast                                                                    
     a  vote independently  we lose  trust  with the  people                                                                    
     that  we've come  to represent,  and I  understand that                                                                    
     campaigns use  voter information to  gather information                                                                    
     on citizenry and determine whether  someone is likely a                                                                    
     voter, maybe likely  to vote, that is why  I think this                                                                    
     is relevant to this discussion.                                                                                            
                                                                                                                                
     A  study  by  Colin  Bennett  from  the  University  of                                                                    
     Victoria,  Canada, "Surveillance  and Society,"  people                                                                    
     are starting to look at  whether we are actually in the                                                                    
     U.S.  driving voters  away  from  participating in  the                                                                    
     process by what is  attributed to the U.S. need-to-know                                                                    
     and micro-targeting  that is dividing us  into to niche                                                                    
     markets  and   avoiding  the  hard  work   of  building                                                                    
     consensus  and  national  vision. It  arguably  creates                                                                    
     parties  and candidates  that do  not convey  a general                                                                    
     ideological framework  for governments but a  series of                                                                    
     carefully focused  groups that analyze key  messages to                                                                    
     move people one particular direction.                                                                                      
                                                                                                                                
     We  are helping  to polarize  American voters  by these                                                                    
     micro-targeted  singular  messages  to people,  and  in                                                                    
     fact,  this is  exactly what  we don't  want to  do. We                                                                    
     expect as those that are  out there asking for people's                                                                    
     vote to engage them in  a process and provide a greater                                                                    
     opportunity   to  debate,   but  as   we  continue   to                                                                    
     compartmentalize  people  into   small  boxes,  we  are                                                                    
     discouraging the public  discourse, the public dialogue                                                                    
     in   creating   an   opportunity  to   build   American                                                                    
     democracy.                                                                                                                 
                                                                                                                                
4:45:25 PM                                                                                                                    
SENATOR MACKINNON continued as follows:                                                                                         
                                                                                                                                
     Those were the broad statements  that I wanted to make.                                                                    
     Personal data  is increasingly captured  and processed,                                                                    
     there are  decisions where Facebook is  right now under                                                                    
     fire  for data  breeches  or  sharing information  with                                                                    
     technology companies that  are mining and crosschecking                                                                    
     with     other    software     platforms,    individual                                                                    
     idiosyncrasies of everyone in America.                                                                                     
                                                                                                                                
     The amendment  before you could  be done simply  with a                                                                    
     sworn  statement. By  involving  law  officers, we  are                                                                    
     disenfranchising  the group  of voters  that ask  me to                                                                    
     come before this  body and ask for change.  We could do                                                                    
     it with a lower threshold and  it is true that 39 other                                                                    
     states have similar concepts  to what Senator Coghill's                                                                    
     amendment  proposes.  I  wonder how  many  others  have                                                                    
     constitutionally  ensured  victim's   rights  in  their                                                                    
     constitution? Victim's rights have  been honored by the                                                                    
     people  of Alaska  in a  high regard,  higher than  any                                                                    
     other state, and on this issue we should lead.                                                                             
                                                                                                                                
     I  talked  to  members   of  the  Network  on  Domestic                                                                    
     Violence and  the Council on Domestic  Violence because                                                                    
     we  had one  person I  believe testify  or in  the room                                                                    
     listening  from the  network, and  what I  found was  a                                                                    
     little bit sad  in the sense that  from my conversation                                                                    
     it  felt like  they  wanted to  protect  the data  too,                                                                    
     because  they  were using  that  data  for campaign  or                                                                    
     solicitations  for support  and other  access, and  why                                                                    
     that disappoints me  is because I've had  to rise above                                                                    
     my own personal need for  information as a candidate to                                                                    
     come to you  and ask you to allow  individual voters to                                                                    
     choose to protect,  to put up that  "no trespass" sign,                                                                    
     to put up, "Please don't  contact me about elections or                                                                    
     otherwise, but to respect my wishes."                                                                                      
                                                                                                                                
     The Alaska Department  of Law can be a  scary place for                                                                    
     people  that have  been stalked  or  otherwise want  to                                                                    
     describe  to rape  crisis agency  or domestic  violence                                                                    
     shelter their  personal stories.  Speaking specifically                                                                    
     to   what   Senator   Giessel   said,   you   will   be                                                                    
     revictimizing a  person of sexual assault  and domestic                                                                    
     violence every time they have  to retell their story to                                                                    
     a new individual at the  Department of Law to recertify                                                                    
     that indeed  they can keep their  information away from                                                                    
     those that  they don't want  to share it  with. Senator                                                                    
     Coghill  spoke  very  respectively  about  serving  the                                                                    
     vulnerable first.  The vulnerable don't always  show up                                                                    
     for support or access and  we are disregarding those in                                                                    
     this amendment.                                                                                                            
                                                                                                                                
     The bill  is in  your hands,  I will  leave it  to your                                                                    
     good  judgement. I  don't agree  with the  amendment, I                                                                    
     believe Alaska should lead on  this issue. I understand                                                                    
     the  balance  of  the  need  to  know  by  the  general                                                                    
     population  on a  voter base  and  the need  for us  as                                                                    
     government  to reach  members that  elect  us to  serve                                                                    
     them.                                                                                                                      
                                                                                                                                
4:48:43 PM                                                                                                                    
CHAIR MEYER remarked that it is never easy when there are two                                                                   
very good and compelling cases. He asked if Senator Coghill had                                                                 
any comments to make after hearing from Senator MacKinnon.                                                                      
                                                                                                                                
SENATOR COGHILL replied as follows:                                                                                             
                                                                                                                                
     The thing about  the senator and I, we have  so much in                                                                    
     common  on  focus,  but we  just  are  really  strongly                                                                    
     diverted on  one particular point  on this and  that is                                                                    
     the  need or  the access  for the  voter's registration                                                                    
     list to  be available  to those who  choose to  run for                                                                    
     office, that  is probably one  place where I  feel very                                                                    
     strongly about  this. It's like in  democracy, you have                                                                    
     both  a   responsibility  and  you  should   have  some                                                                    
     security. In many  ways I so agree with  the senator on                                                                    
     this  issue but  just  for any  cause  pulling the  "no                                                                    
     trespassing"  sign up  is not  something at  this point                                                                    
     I'm willing to do because all  it does is put your foot                                                                    
     down on one place and it squeezes up in four others.                                                                       
                                                                                                                                
     So, if we  really wanted to protect people  I wanted an                                                                    
     honest  to goodness  way to  do that  that showed  that                                                                    
     there were some  real issues, and I get  if some people                                                                    
     are fearful, that they may  not go to the Department of                                                                    
     Law, and that's sad that we  live in a day where people                                                                    
     feel like the government is  our enemy, I get that. The                                                                    
     reason for  having the three-year look  into this thing                                                                    
     is because  the life  circumstances do change  and I've                                                                    
     known  enough network  people and  enough advocates  to                                                                    
     know   that  the   re-victimization  happens   in  very                                                                    
     different  ways than  just going  for help,  that going                                                                    
     for help is  usually facilitated by people  who want to                                                                    
     help people along  their journey, so I  don't feel that                                                                    
     that's a  very big  problem; but,  in order  to support                                                                    
     this  bill  I  think  looking  at  the  confidentiality                                                                    
     program is probably  the best way I can  get behind the                                                                    
     bill and support  it. I think the barrier  of having to                                                                    
     buy the list is probably  appropriate at that level and                                                                    
     that is an  instant protection for those  who would buy                                                                    
     the list  probably for more  nefarious reasons,  but it                                                                    
     is true that the voter  list is used probably more than                                                                    
     ever before, but  when I look at what is  going on with                                                                    
     Facebook or Google or almost  any other database that's                                                                    
     available, even the grocery  stores are, it's pervasive                                                                    
     in our society that we do  have to be very careful, but                                                                    
     I don't know that [inaudible]  this system out helps us                                                                    
     that much.                                                                                                                 
                                                                                                                                
     So, the ability  to reach out to  people to communicate                                                                    
     with them,  I know it is  worrisome, I get that,  and I                                                                    
     feel like  many times it  is manipulative, I  get that;                                                                    
     but,  people have  to be  wise and  discerning when  it                                                                    
     comes to voting  and I think the avenue  for getting to                                                                    
     a broad range  of people, unless there  is a compelling                                                                    
     reason. So, I tried to  find that compelling reason and                                                                    
     I just  didn't buy  the lower  threshold, I  just think                                                                    
     that the higher threshold is more important.                                                                               
                                                                                                                                
     So, this is the senator's  bill, I'm trying to add what                                                                    
     I think is  my best value to it. I  probably would lose                                                                    
     my support  on the  bill if I  can't do  something like                                                                    
     this because it's just too broad for me, so this is my                                                                     
     attempt in trying to help out along the way.                                                                               
                                                                                                                                
4:52:32 PM                                                                                                                    
CHAIR MEYER remarked  that everyone would be  surprised about the                                                               
personal  data being  used  every time  someone  uses their  Fred                                                               
Meyer card.                                                                                                                     
                                                                                                                                
4:52:58 PM                                                                                                                    
CHAIR MEYER removed his objection to Amendment 1.                                                                               
                                                                                                                                
4:53:02 PM                                                                                                                    
SENATOR GIESSEL objected to Amendment 1.                                                                                        
                                                                                                                                
CHAIR MEYER  asked if Senator  Giessel would like to  address her                                                               
objection.                                                                                                                      
                                                                                                                                
SENATOR  GIESSEL  specified that  her  objection  relates to  the                                                               
complexity of Amendment 1 and its three-year renewal process.                                                                   
                                                                                                                                
CHAIR MEYER  agreed with Senator  Giessel's early  statement that                                                               
the amendment creates almost a separate bill.                                                                                   
                                                                                                                                
SENATOR  COGHILL pointed  out that  the bill  does go  the Senate                                                               
Finance  Committee  where  the bill  will  receive  another  full                                                               
vetting. He emphasized  that he did not want to  stop the bill in                                                               
committee  but tried  to  be productive  and  thoughtful for  the                                                               
legislation to work for Alaska.                                                                                                 
                                                                                                                                
CHAIR  MEYER  explained  that he  allowed  additional  discussion                                                               
because he  expects the same  discussion to occur again.  He said                                                               
he  was somewhat  bothered to  pass  the bill  without a  current                                                               
fiscal  note but  noted  that the  bill would  go  to the  Senate                                                               
Finance  Committee where  the amendment's  costs will  be closely                                                               
analyzed.                                                                                                                       
                                                                                                                                
CHAIR MEYER announced  that an objection to Amendment  1 has been                                                               
maintained and asked for a roll call.                                                                                           
                                                                                                                                
A roll call  vote was taken. Senators Coghill,  Wilson, Egan, and                                                               
Chair Meyer  voted in  favor of Amendment  1 and  Senator Giessel                                                               
voted against it. Therefore, Amendment 1 passed by a 4:1 vote.                                                                  
                                                                                                                                
CHAIR MEYER announced that Amendment 1 has been adopted.                                                                        
                                                                                                                                
4:55:47 PM                                                                                                                    
SENATOR  GIESSEL moved  to report  [CSSB  192(STA)], version  30-                                                               
LS1354\D    as   amended    from   committee    with   individual                                                               
recommendations and forth coming fiscal notes.                                                                                  
                                                                                                                                
4:56:07 PM                                                                                                                    
CHAIR  MEYER  announced  there being  no  objection,  the  motion                                                               
carried.                                                                                                                        

Document Name Date/Time Subjects
Commissioner of Administration Leslie Ridle.pdf SSTA 3/20/2018 3:30:00 PM
Confirmation Hearing
Personnel Board Al Tamagni.pdf SSTA 3/20/2018 3:30:00 PM
Confirmation Hearing
SB 159 Tranmsittal Letter PERS and TRS.pdf SSTA 3/20/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
SB 159
SB 159 Version A.PDF SSTA 3/20/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
SB 159
SB 159 Hearing Request.pdf SSTA 3/20/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
SB 159
SB 159 DOA Presentation in SSTA 3.20.18.pdf SSTA 3/20/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
SB 159
SB 159 Fiscal Note.pdf SSTA 3/20/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
SB 159
CS SB 192 Version D.pdf SSTA 3/20/2018 3:30:00 PM
SB 192
SB 192 Amendment 1.pdf SSTA 3/20/2018 3:30:00 PM
SB 192