Legislature(2021 - 2022)BUTROVICH 205

05/06/2021 03:30 PM STATE AFFAIRS

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

Document Name Date/Time Subjects
SB 82 Change Record.pdf SSTA 5/6/2021 3:30:00 PM
SB 82
SB 82 Law Fiscal Note.pdf SSTA 5/6/2021 3:30:00 PM
SB 82
SB 82 Sectional Analysis Version B, as am..pdf SSTA 5/6/2021 3:30:00 PM
SB 82
SB 82 Sponsor Statement version A.pdf SSTA 5/6/2021 3:30:00 PM
SB 82
SB 82 Version B.pdf SSTA 5/6/2021 3:30:00 PM
SB 82
SB115 Sectional Analysis 04.07.21.pdf SSTA 5/6/2021 3:30:00 PM
SB 115
SB115 Sponsor Statement 04.07.21.pdf SSTA 5/6/2021 3:30:00 PM
SB 115
SB 4 Sectional Analysis-DTD 2-2-21.pdf SSTA 5/6/2021 3:30:00 PM
SB 4
SB 4 Sponsor Statement-DTD 2-2-21.pdf SSTA 5/6/2021 3:30:00 PM
SB 4
SB 4 Suporting Documentation (additional).pdf SSTA 5/6/2021 3:30:00 PM
SB 4
SB 4 Supporting Documentation.pdf SSTA 5/6/2021 3:30:00 PM
SB 4
SB 4 Version B.PDF SSTA 5/6/2021 3:30:00 PM
SB 4
SB 1 ver B.PDF SSTA 5/6/2021 3:30:00 PM
SB 1
SB 1 ver B Supporting Document Police Guidelines Permit 1.22.2021.pdf SSTA 5/6/2021 3:30:00 PM
SB 1
SB 1 ver B Supporting Document Largest Police Departments Ban Neck Restraints 1.22.2021.pdf SSTA 5/6/2021 3:30:00 PM
SB 1
SB 1 ver B Sponsor Statement 1.25.2021.pdf SSTA 5/6/2021 3:30:00 PM
SB 1
SB 1 ver B Sectional Analysis 1.22.2021.pdf SSTA 5/6/2021 3:30:00 PM
SB 1
SB 1 ver B PowerPoint Presentation 1.19.21.pdf SSTA 5/6/2021 3:30:00 PM
SB 1