Legislature(2011 - 2012)CAPITOL 106

03/27/2012 03:00 PM House HEALTH & SOCIAL SERVICES


Download Mp3. <- Right click and save file as

Audio Topic
03:03:43 PM Start
03:04:36 PM SB98
04:49:41 PM Presentation: Fasd
05:14:35 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 98 BIOMETRIC INFORMATION FOR ID TELECONFERENCED
Heard & Held
+ Presentation on FASD and the Justice System by TELECONFERENCED
Representatives of FASD Justice Summit
Participants
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
      HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                     
                         March 27, 2012                                                                                         
                           3:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Wes Keller, Chair                                                                                                
Representative Alan Dick, Vice Chair                                                                                            
Representative Bob Herron                                                                                                       
Representative Paul Seaton                                                                                                      
Representative Beth Kerttula                                                                                                    
Representative Bob Miller                                                                                                       
Representative Charisse Millett                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 98(JUD)                                                                                
"An Act relating to biometric information."                                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PRESENTATION: FASD                                                                                                              
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 98                                                                                                                   
SHORT TITLE: BIOMETRIC INFORMATION FOR ID                                                                                       
SPONSOR(s): SENATOR(s) WIELECHOWSKI                                                                                             
                                                                                                                                
03/11/11       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/11/11       (S)       STA, JUD                                                                                               
03/15/11       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/15/11       (S)       Heard & Held                                                                                           
03/15/11       (S)       MINUTE(STA)                                                                                            
03/17/11       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/17/11       (S)       Moved CSSB  98(STA) Out of Committee                                                                   
03/17/11       (S)       MINUTE(STA)                                                                                            
03/18/11       (S)       STA RPT CS  4DP    SAME TITLE                                                                          
03/18/11       (S)       DP:   WIELECHOWSKI,    GIESSEL,   MEYER,                                                               
                         PASKVAN                                                                                                
03/21/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/21/11       (S)       Heard & Held                                                                                           
03/21/11       (S)       MINUTE(JUD)                                                                                            
03/28/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/28/11       (S)       Heard & Held                                                                                           
03/28/11       (S)       MINUTE(JUD)                                                                                            
04/06/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/06/11       (S)       Heard & Held                                                                                           
04/06/11       (S)       MINUTE(JUD)                                                                                            
04/15/11       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
04/15/11       (S)       Moved CSSB  98(JUD) Out of Committee                                                                   
04/15/11       (S)       MINUTE(JUD)                                                                                            
04/16/11       (S)       JUD RPT CS  2DP 1DNP 1NR    SAME TITLE                                                                 
04/16/11       (S)       DP: COGHILL, WIELECHOWSKI                                                                              
04/16/11       (S)       DNP: PASKVAN                                                                                           
04/16/11       (S)       NR: FRENCH                                                                                             
04/16/11       (S)       TRANSMITTED TO (H)                                                                                     
04/16/11       (S)       VERSION: CSSB 98(JUD)                                                                                  
04/17/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/17/11       (H)       HSS, JUD                                                                                               
03/27/12       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR BILL WIELECHOWSKI                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced SB 98 as the prime sponsor of                                                                 
the bill.                                                                                                                       
                                                                                                                                
SAM GOTTSTEIN, Staff                                                                                                            
Senator Bill Wielechowski                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented a PowerPoint titled "SB 98 -                                                                   
Biometric Information" and answered questions.                                                                                  
                                                                                                                                
CHRISTOPHER OSWALD, Director                                                                                                    
State Government Affairs                                                                                                        
Western Region                                                                                                                  
Reed Elsevier                                                                                                                   
New York City, New York                                                                                                         
POSITION STATEMENT:  Testified during discussion of SB 98.                                                                    
                                                                                                                                
ERNEST PRAX, Staff                                                                                                              
Representative Wes Keller                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during discussion of SB 98.                                                                    
                                                                                                                                
JASON GIAMO, Co-Chair                                                                                                           
Alaskan Citizens for Privacy                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 98.                                                                           
                                                                                                                                
HORST POEPPERL                                                                                                                  
Borealis Broadband, Inc.                                                                                                        
Privacy Now Alaska                                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 98.                                                                           
                                                                                                                                
PAUL RESENZWEIG                                                                                                                 
Heritage Foundation                                                                                                             
Washington, D.C.                                                                                                                
POSITION STATEMENT:  Testified during discussion of SB 98.                                                                    
                                                                                                                                
WALTER HAMILTON, Chairman & President                                                                                           
International Biometrics & Identification Association (IBIA)                                                                    
Washington, D.C.                                                                                                                
POSITION STATEMENT:  Testified during discussion of SB 98.                                                                    
                                                                                                                                
JIM HARPER, Director                                                                                                            
Information Policy Studies                                                                                                      
The Cato Institute                                                                                                              
Washington, D.C.                                                                                                                
POSITION STATEMENT:  Testified during discussion of SB 98.                                                                    
                                                                                                                                
MAX MERTZ, CPA                                                                                                                  
Alaska Board of Public Accountancy                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during discussion of SB 98.                                                                    
                                                                                                                                
TERI TIBBETT                                                                                                                    
Coordinator                                                                                                                     
Alaska FASD Partnership                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced the FASD Partnership panel.                                                                   
                                                                                                                                
DIDI RAYMOND                                                                                                                    
Mental Health Clinician                                                                                                         
Department of Corrections (DOC)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the FASD presentation.                                                                  
                                                                                                                                
TRISH SMITH, Director                                                                                                           
Prevention and Intervention Services                                                                                            
Volunteers of America Alaska                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the FASD presentation.                                                                  
                                                                                                                                
STEPHANIE JOHNSON, Mental Health Clinician                                                                                      
Nome Youth Facility                                                                                                             
Youth Facilities                                                                                                                
Division of Juvenile Justice                                                                                                    
Department of Health and Social Services                                                                                        
Nome, Alaska                                                                                                                    
POSITION STATEMENT:  Testified during the FASD presentation.                                                                  
                                                                                                                                
MICHAEL JEFFREY, Judge                                                                                                          
Superior Court                                                                                                                  
Barrow, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the FASD presentation.                                                                  
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:03:43 PM                                                                                                                    
                                                                                                                                
CHAIR  WES KELLER  called the  House Health  and Social  Services                                                             
Standing   Committee    meeting   to    order   at    3:03   p.m.                                                               
Representatives  Keller,   Miller,  Kerttula,  and   Seaton  were                                                               
present at  the call  to order.   Representatives  Millett, Dick,                                                               
and Herron arrived as the meeting was in progress.                                                                              
                                                                                                                                
               SB 98-BIOMETRIC INFORMATION FOR ID                                                                           
                                                                                                                                
3:04:36 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  first order of business would be                                                               
CS FOR  SENATE BILL  NO. 98(JUD), "An  Act relating  to biometric                                                               
information."   He noted that  technology had made it  easier for                                                               
personally identified  information, but that it  also raised many                                                               
questions,  with many  ramifications.   He questioned  whether it                                                               
was possible  to completely erase  information, once it  had been                                                               
digitized.   He stated  that SB  98 would not  be moved  from the                                                               
committee at  this meeting.   He established that, as  there were                                                               
many  perspectives   to  biometrics,  he  would   not  allow  any                                                               
disrespect during discussion  of the proposed bill.   Noting that                                                               
there were  many witnesses, he  asked that some of  the questions                                                               
might be responded to in writing.                                                                                               
                                                                                                                                
3:08:09 PM                                                                                                                    
                                                                                                                                
SENATOR  BILL WIELECHOWSKI,  Alaska State  Legislature, confirmed                                                               
that people were passionate about  protection for their rights to                                                               
privacy, as  stated in the  Alaska State Constitution.   He noted                                                               
that proposed SB 98 had  passed unanimously from the Senate, with                                                               
ten  co-sponsors.   He  listed  three  important aspects  of  the                                                               
proposed  bill:   it required  consent before  collection of  the                                                               
biometric  information;  it  did  not  allow  disclosure  of  the                                                               
personal  information without  consent; and,  it allowed  for the                                                               
use of alternative  identification.  He stated that  a variety of                                                               
disparate groups supported the proposed bill.                                                                                   
                                                                                                                                
3:11:08 PM                                                                                                                    
                                                                                                                                
SAM  GOTTSTEIN, Staff,  Senator Bill  Wielechowski, Alaska  State                                                               
Legislature, introduced  slide 1, "Privacy in  the Constitution,"                                                               
and read Article 1, Section 22 of the Alaska State Constitution:                                                                
                                                                                                                                
      The right of the people to privacy is recognized and                                                                      
         shall not be infringed.  The legislature shall                                                                         
     implement this section.                                                                                                    
                                                                                                                                
3:11:44 PM                                                                                                                    
                                                                                                                                
MR. GOTTSTEIN moved on to slide  2, "Genesis of Alaska's Right to                                                               
Privacy,"  and shared  that its  existence  was the  result of  a                                                               
ballot  initiative.   He  explained that  the  right to  privacy,                                                               
according  to  "Alaska's  Constitution:  A  Citizen's  Guide"  by                                                               
Gordon  Harrison, "was  prompted  by fear  of  the potential  for                                                               
misuse of  computerized information  systems, which were  then in                                                               
their infancy."  He stated  that Senator Wielechowski shared this                                                               
concern for potential misuse of information.                                                                                    
                                                                                                                                
3:12:33 PM                                                                                                                    
                                                                                                                                
MR.  GOTTSTEIN  directed  attention   to  slide  3,  "Legislative                                                               
Obligation  to   Protect,"  and  stated  that   the  1972  ballot                                                               
initiative for the right to privacy  was approved by more than 86                                                               
percent  of Alaskan  voters.   He  reported  that the  initiative                                                               
affirmed that the legislature had  a constitutional obligation to                                                               
protect Alaskan's  privacy, a protection which  was stronger than                                                               
those privacy protections in the U.S. Constitution.                                                                             
                                                                                                                                
3:12:59 PM                                                                                                                    
                                                                                                                                
MR. GOTTSTEIN pointed to slide  4, "DNA Privacy Protections," and                                                               
reported  that  the  legislature had  unanimously  passed  strong                                                               
protections for Alaskans  genetic (DNA) information in  2004.  He                                                               
noted that the  proposed bill had unanimously  passed the Senate,                                                               
as well.   He compared the similarity of the  proposed SB 98 with                                                               
the 2004 legislation, as private  industry argued against privacy                                                               
protections, stating  a difficulty  for fulfillment  of fiduciary                                                               
responsibilities.    He  reminded  that  the  legislature  had  a                                                               
constitutional obligation to protect the privacy of Alaskans.                                                                   
                                                                                                                                
3:14:10 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER asked  if the legislation should be  based on abuses                                                               
and harm done, as privacy was subjective.                                                                                       
                                                                                                                                
3:14:33 PM                                                                                                                    
                                                                                                                                
MR.   GOTTSTEIN  expressed   his  agreement   that  privacy   was                                                               
subjective.   He opined  that some  private information  could be                                                               
gleaned from biometric information.                                                                                             
                                                                                                                                
CHAIR KELLER  suggested that the  legislation be  directed toward                                                               
privacy violations that caused harm.                                                                                            
                                                                                                                                
MR. GOTTSTEIN stated that the  biometric information needed to be                                                               
defined, slide 5,  "What are Biometrics?" as listed on  page 4 of                                                               
the  proposed  bill.    He  listed  fingerprints,  hand  geometry                                                               
recognition,   vein  recognition,   retinal  scans,   and  facial                                                               
mapping, as examples.                                                                                                           
                                                                                                                                
3:15:48 PM                                                                                                                    
                                                                                                                                
MR. GOTTSTEIN, presenting slide  6, "Biometric Privacy is similar                                                               
to  Genetic Privacy,"  described that  biometric information  was                                                               
similar  to DNA,  noting for  example,  that certain  fingerprint                                                               
characteristics or  iris scans  could be  linked to  diseases and                                                               
genetic  disorders.     He  declared  that,   as  private  health                                                               
information   could  be   derived  from   biometric  information,                                                               
biometric information should be  afforded the same protections as                                                               
previously afforded by the legislature for DNA.                                                                                 
                                                                                                                                
3:17:47 PM                                                                                                                    
                                                                                                                                
MR. GOTTSTEIN furnished slide 7,  "Federal Privacy Laws Lacking,"                                                               
and asked if it was necessary  for state privacy laws, as federal                                                               
protections   already  existed.     He   stated  that   the  U.S.                                                               
Constitution did not  explicitly give a right  to privacy, unlike                                                               
the Alaska  State Constitution, and  that federal law  focused on                                                               
specific sectors  for privacy  protection.   He gave  examples of                                                               
legislation for  privacy to federal government,  health care, and                                                               
financial  institutions,   and  observed  that  no   federal  law                                                               
protected biometric information.                                                                                                
                                                                                                                                
MR.  GOTTSTEIN   considered  slide   8,  "Other   States  address                                                               
Biometrics," and  stated that  Alaska was not  the only  state to                                                               
pass similar legislation.   He reported that 18  other states had                                                               
laws  on  biometrics,  and  explained  that  California's  strong                                                               
privacy laws  had resulted  in the disclosure  of a  data breach.                                                               
He  pointed to  an analysis  of Illinois,  Indiana, and  Texas by                                                               
Legislative Research  Services, which highlighted the  variety of                                                               
policy  decisions for  application  of  protections [Included  in                                                               
members' packets].                                                                                                              
                                                                                                                                
3:20:38 PM                                                                                                                    
                                                                                                                                
MR.  GOTTSTEIN,  explaining  slide  9, "The  Need  for  Biometric                                                               
Privacy," stated  that, without legislative action,  an Alaskan's                                                               
privacy could be  exploited for financial gain.   He shared that,                                                               
from a digital image of a  fingerprint, a new set of fingerprints                                                               
could  be created.   He  described an  example of  facial mapping                                                               
[Included  in   members'  packets]  which  allowed   a  store  to                                                               
photograph  a customer,  and  then, as  the  person wandered  the                                                               
store, change  the price of  items based on  previously collected                                                               
personal  data.   He clarified  that biometric  information could                                                               
not  be replaced,  emphasizing that  it was  the most  private of                                                               
information.                                                                                                                    
                                                                                                                                
3:22:49 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER asked  if privacy  should extend  to the  right for                                                               
people to misrepresent themselves.                                                                                              
                                                                                                                                
3:23:12 PM                                                                                                                    
                                                                                                                                
MR.  GOTTSTEIN,  in response,  offered  his  belief that  someone                                                               
would  not have  the  right to  misrepresent themselves,  opining                                                               
that it was illegal.  Moving  on to slide 10, "Biometrics easy to                                                               
duplicate," he  disclosed that modern  biometric data  was easily                                                               
duplicated,  and  stolen, stating  that  this  was the  way  that                                                               
modern  identification  systems  would  most  threaten  practical                                                               
obscurity and the privacy it afforded many people.                                                                              
                                                                                                                                
3:24:07 PM                                                                                                                    
                                                                                                                                
MR.  GOTTSTEIN  declared  that data  breaches  did  happen  quite                                                               
frequently, as  shown on  slide 11,  "Data breaches  are common,"                                                               
and he gave an example of a data breach at Lockheed Martin.                                                                     
                                                                                                                                
3:25:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT asked about the data breach in Alaska.                                                                   
                                                                                                                                
MR. GOTTSTEIN, in response, reported  that the breach occurred in                                                               
January  2009,  when  a  Division  of  Retirements  and  Benefits                                                               
subcontractor  lost a  laptop computer  or  data card  containing                                                               
records  which  could have  been  compromised.   He  offered  his                                                               
belief  that no  compromise  had occurred,  but that  precautions                                                               
were taken.                                                                                                                     
                                                                                                                                
3:26:26 PM                                                                                                                    
                                                                                                                                
MR.  GOTTSTEIN  reported  that more  than  30  million  sensitive                                                               
records were compromised in 2011.                                                                                               
                                                                                                                                
3:27:04 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER asked  if the  aforementioned  loss of  data was  a                                                               
breach of  privacy, dealt with by  contractual law.  He  asked if                                                               
the  right to  privacy  was  for your  choice  to give  biometric                                                               
information.                                                                                                                    
                                                                                                                                
MR.  GOTTSTEIN,  in  response,  said  that  it  depended  on  the                                                               
contract  or agreement.   He  gave an  example of  medical school                                                               
testing  agreements, which  allowed  the testing  agency to  give                                                               
applicant  fingerprints  to   law  enforcement  agencies  without                                                               
disclosing this to the applicant.   He presented slide 12, "SB 98                                                               
Increase  Privacy  Protections,"  which  explained  the  proposed                                                               
bill.   He stated that  proposed SB 98 would  increase reasonable                                                               
privacy  protections with  clear  notification and  authorization                                                               
for the uses  of the biometric information.  He  noted that there                                                               
would not  be any distribution  or sale of information  except by                                                               
agreement, and there  would be safe storage  requirements for the                                                               
biometric information.   He shared  that the proposed  bill would                                                               
require disposal after the use  of the biometric information, and                                                               
it  would  allow  citizens  the  right to  civil  suits  for  any                                                               
violations.                                                                                                                     
                                                                                                                                
3:29:13 PM                                                                                                                    
                                                                                                                                
MR.  GOTTSTEIN  proffered  slide  13, "SB  98  Gives  Alaskans  a                                                               
Choice," and  stated that the  proposed bill preserved  choice by                                                               
Alaskans.   He directed attention  to proposed AS  18.14.040, and                                                               
explained that  Senator Wielechowski  would present  an amendment                                                               
with proposed changes for language  clarification to this section                                                               
about alternate  identification.   This proposed  amendment would                                                               
include the removal  of "occupational" from page 2,  lines 13 and                                                               
17; page 2,  line 16, would include "a passport  or an"; and page                                                               
2,  line 17  would remove  the sentence  beginning with  "In this                                                               
section."                                                                                                                       
                                                                                                                                
3:30:29 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER clarified that the  proposed amendment would not yet                                                               
be offered.                                                                                                                     
                                                                                                                                
3:30:47 PM                                                                                                                    
                                                                                                                                
MR.  GOTTSTEIN summarized  slide 14,  "Conclusion," stating  that                                                               
the  proposed  bill  was  a  compromise  which  added  reasonable                                                               
protections   and   preserved   choices,  without   banning   the                                                               
collection of  biometric information.   He  opined that  this was                                                               
the next manifestation of privacy protections for Alaskans.                                                                     
                                                                                                                                
3:31:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER, noting  that biometric  information could                                                               
be  gathered  and  distributed quickly,  asked  what  precautions                                                               
could be  put in  place for  violations to  biometric information                                                               
used, stored, or sold in jurisdictions outside Alaska.                                                                          
                                                                                                                                
3:32:40 PM                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI, in  response,  said that  the state  could                                                               
only  enforce  violations  which  occurred  within  Alaska.    He                                                               
directed attention to page 3,  lines 11-19, the "Right of action"                                                               
provision,  stating  that  there  was a  right  to  civil  action                                                               
against  a  person  who  knowingly  violated  this  chapter,  and                                                               
applied  to any  individual over  whom  the State  of Alaska  had                                                               
jurisdiction.   He expressed the difficulty  of jurisdiction over                                                               
individuals  who  lived  out  of  the state.    He  declared  the                                                               
necessity for  a federal  or international  ban to  fully enforce                                                               
this.                                                                                                                           
                                                                                                                                
3:33:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER  asked  for a  definition  to  distinguish                                                               
"knowingly" from "willingly."                                                                                                   
                                                                                                                                
3:34:23 PM                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  offered to get  the legal definitions.   He                                                               
offered his  belief that knowingly included  actually knowing the                                                               
action was occurring.                                                                                                           
                                                                                                                                
3:35:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER  suggested that willingly or  recklessly be                                                               
inserted in the language of the proposed bill.                                                                                  
                                                                                                                                
3:36:00 PM                                                                                                                    
                                                                                                                                
CHRISTOPHER OSWALD,  Director, State Government  Affairs, Western                                                               
Region,  Reed  Elsevier, explained  that  Reed  Elsevier was  the                                                               
parent   company  of   LexisNexis  Risk   Solutions  and   was  a                                                               
"recognized leader in data driven  capabilities and technology in                                                               
the  risk sector."    He stated  that  identity verification  and                                                               
authentication products  provided customers  with a  higher level                                                               
of  security than  traditional  methods.   He  declared that  his                                                               
company  used  biometric  technology  to  match  unique  physical                                                               
characteristics which allowed quick  identity authentication.  He                                                               
agreed  that  biometrics,  as  an  emerging  technology,  created                                                               
legitimate concerns for its use  and implementation.  He reported                                                               
that  Reed  Elsevier worked  to  maintain  a safe  warehouse  for                                                               
biometric data.  He explained  its relationship with Prometric, a                                                               
worldwide  professional   licensing  and  testing   service,  for                                                               
administering  educational  testing  procedures.     He  gave  an                                                               
example  of  its work  worldwide  with  certified public  account                                                               
(CPA) examinations, pointing out  that a biometric identification                                                               
system was  now used during  administration of  the examinations.                                                               
He  said  that this  system  verified  the candidate's  identity,                                                               
identified  and   mitigated  the  risk  of   testing  fraud  from                                                               
unauthorized  candidates,  improved  test  center  security,  and                                                               
provided protection for the content  and intellectual property of                                                               
the examinations.                                                                                                               
                                                                                                                                
3:39:38 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  asked to clarify whether  the biometric information                                                               
was  used  more to  protect  the  intellectual property  than  to                                                               
identify the candidates.                                                                                                        
                                                                                                                                
MR. OSWALD  explained that the  CPA exam was "getting  ripped off                                                               
by professional  test takers who were  memorizing questions, then                                                               
putting them out  there on the internet for sale."   He said that                                                               
some  people were  unprepared for  the exam,  so they  would hire                                                               
people  to take  the exam  for them.   He  stated that  biometric                                                               
identification  protected  the  exam  and  the  profession.    He                                                               
explained  that  the  process between  LexisNexis  and  Prometric                                                               
included a notification to the  candidate applicant, which stated                                                               
that  the personal  information data  would not  be used  for any                                                               
other purpose, without  permission.  He stated that  this was the                                                               
consent  from the  candidate applicant,  and  that any  candidate                                                               
could deny this consent, although  the CPA state exam board might                                                               
not allow them  to take the exam.  Upon  verification of identity                                                               
through Prometric,  the candidate  was enrolled in  the biometric                                                               
system  with  a  fingerprint  scan,   which  was  stored  in  the                                                               
LexisNexis data base for any future exam identification.                                                                        
                                                                                                                                
3:43:21 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER asked what Prometric  did with the information after                                                               
completion of the exams.                                                                                                        
                                                                                                                                
MR.  OSWALD said  that  the information  was  destroyed when  the                                                               
candidate  successfully passed  the examination.   He  emphasized                                                               
that the  biometric data was  only held  in safe keeping  for the                                                               
customer, and,  as it  was not  owned by  LexisNexis, it  was not                                                               
available for sale or any other use by LexisNexis.                                                                              
                                                                                                                                
3:44:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  asked   why,  if   a  person   presented                                                               
verifiable identification, that same  identification would not be                                                               
acceptable at a later date, in lieu of biometric data.                                                                          
                                                                                                                                
MR.  OSWALD explained  that the  CPA exam  could be  re-taken for                                                               
many years,  and that  more than a  few pieces  of identification                                                               
were necessary  for validation.   He pointed out  that additional                                                               
background information  was collected  on the  application, which                                                               
also had  to be verified  upon entrance to the  examination site.                                                               
He  stated   that  biometric  information  was   more  efficient,                                                               
reliable, and convenient for the  exam applicant, and allowed for                                                               
immediate  validation should  the person  leave the  room at  the                                                               
test center.                                                                                                                    
                                                                                                                                
3:48:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK  asked what  would happen if  the information                                                               
was sold.                                                                                                                       
                                                                                                                                
MR.  OSWALD  replied  that  there   were  ethical  questions  and                                                               
concerns for  emerging technology.   He said that  Biometrics was                                                               
contractually obligated not  to sell the data, and  that no other                                                               
data was co-mingled in storage with the biometric data.                                                                         
                                                                                                                                
3:49:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK   expressed  his  concern  for   a  lack  of                                                               
consequence for fraudulent use.                                                                                                 
                                                                                                                                
MR. OSWALD,  in response,  said that  there was  a risk  of large                                                               
penalties, as it would "chill  the technology."  He expressed his                                                               
concerns with  the proposed  bill, as it  was legislating  use of                                                               
the  technology.   He opined  that biometric  data could  enhance                                                               
someone's privacy, as, unlike key  cards and identifications, the                                                               
biometric data could not be lost.                                                                                               
                                                                                                                                
3:51:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  opined  that   the  need  for  biometric                                                               
information  to secure  a testing  room when  leaving to  use the                                                               
bathroom  was  "lame."     She  asked  why   multiple  pieces  of                                                               
identification could  not be used  for validation, no  matter the                                                               
location.    She  expressed concern  with  giving  any  biometric                                                               
information as  there could not  be a guarantee of  its security.                                                               
She pointed out  that even if LexisNexis  destroyed the biometric                                                               
information, Prometric  would still retain it.   She acknowledged                                                               
concern for  the use of  her social security number,  even though                                                               
it  could  be replaced;  whereas,  biometric  data could  not  be                                                               
changed and replaced.   She stated that the  technology for theft                                                               
was equal to that of the data collection companies.                                                                             
                                                                                                                                
3:54:17 PM                                                                                                                    
                                                                                                                                
MR.  OSWALD, in  response,  expressed his  understanding for  the                                                               
concerns.   He  directed attention  to  a number  of examples  of                                                               
security  issues  [Included in  members'  packets].   He  offered                                                               
examples of ways to compromise conventional security.                                                                           
                                                                                                                                
3:55:50 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER reminded  that fingerprints were only  one aspect of                                                               
biometric information.                                                                                                          
                                                                                                                                
3:56:08 PM                                                                                                                    
                                                                                                                                
ERNEST  PRAX,  Staff,  Representative Wes  Keller,  Alaska  State                                                               
Legislature, said  that CPAs were  available to explain  the need                                                               
for the biometric policy for CPA exams.                                                                                         
                                                                                                                                
3:57:02 PM                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI,  offering  examples  to  the  history  for                                                               
various security breaches suffered  by LexisNexis, including 2005                                                               
and 2009, asked if there were any other security breaches.                                                                      
                                                                                                                                
MR.  OSWALD  explained that  there  would  be breaches  to  every                                                               
system to protect information, and he  asked what the harm was in                                                               
the breach.   He noted that the  LexisNexis biometric information                                                               
was  all encrypted,  which was  useless  without the  algorithmic                                                               
key.  He  stated that LexisNexis was always  striving for greater                                                               
improvement to stay ahead of the fraudsters.                                                                                    
                                                                                                                                
3:59:15 PM                                                                                                                    
                                                                                                                                
JASON GIAMO, Co-Chair, Alaskan Citizens  for Privacy, stated that                                                               
he  was  also a  certified  management  accountant and  certified                                                               
internal  auditor.   He  said  that the  issues  were clear,  and                                                               
declared  that,  as  a  United  States  passport  was  sufficient                                                               
identification to travel throughout  the world, it was sufficient                                                               
identification  to  take a  test.    He emphasized  that  elected                                                               
Alaskan  lawmakers  had a  role  to  play  in the  protection  of                                                               
individual  privacy, which  was  guaranteed in  the Alaska  State                                                               
Constitution.   He  stated that  the  fingerprinting of  innocent                                                               
people  for identification  was  becoming  more widespread,  even                                                               
though it was in violation of  the Alaska State Constitution.  He                                                               
reiterated that a passport was  sufficient identification to take                                                               
a test,  and stated that  no significant  fraud for the  CPA exam                                                               
had  been reported.    He  declared that  the  possibility of  an                                                               
identical  twin   trading  places   during  an   examination  was                                                               
nonsensical.  He  pointed out that the  Prometric policy required                                                               
that a person  carry identification during the exam  process.  He                                                               
expressed  his concern  that the  release of  fingerprints to  "a                                                               
global,  foreign  owned,  data  mining firm"  would  not  enhance                                                               
privacy.    He agreed  with  Mr.  Oswald  that breaches  of  data                                                               
security  would occur,  and he  reminded the  committee that,  as                                                               
fingerprints could not be changed,  this breach of security would                                                               
last as  long as  a person was  alive.  He  referred to  a report                                                               
from  Privacy  Rights.org, which  stated  that  223 million  data                                                               
records  of  U.S. residents  had  been  exposed through  security                                                               
breaches in the last three years.                                                                                               
                                                                                                                                
MR.  GIAMO,  referencing  a  letter   from  Reed  Elsevier  dated                                                               
December 28, 2011, said that  Reed Elsevier was storing more than                                                               
1  million fingerprints  of individuals  from 80  countries.   He                                                               
questioned  the  right  to  deny  Alaskans  the  opportunity  for                                                               
professional  licensing because  they  were  unwilling to  submit                                                               
their fingerprints to  a biometric data base in order  to take an                                                               
examination, declaring  this to be a  key issue.  He  pointed out                                                               
that, in  addition, there was a  fee to each individual  for this                                                               
collection of fingerprints.   He asked that  the committee review                                                               
the  contracts   among  the  data   security  and   data  storage                                                               
companies.                                                                                                                      
                                                                                                                                
MR. GIAMO asked  how the sale of data would  be traced, much less                                                               
regulated, after  the fact.   He declared the importance  for the                                                               
preventative aspects of proposed SB 98.                                                                                         
                                                                                                                                
4:05:58 PM                                                                                                                    
                                                                                                                                
HORST  POEPPERL, Borealis  Broadband, Inc.,  Privacy Now  Alaska,                                                               
stated  that  he  had  been   an  informational  technology  (IT)                                                               
professional for 25 years, pointing  out that this was his fourth                                                               
testimony  on proposed  SB 98.   As  a representative  of the  IT                                                               
industry,  he  reported that  the  IT  industry was  governed  by                                                               
ethics  rules,  and that  the  misuse  of  data was  grounds  for                                                               
dismissal,  as  it was  a  most  serious breach  of  professional                                                               
ethics.  He  declared that businesses now  existed which violated                                                               
these ethics daily, selling personal  data solely for profit.  He                                                               
explained  that  Google  had software  programs  which  collected                                                               
personal  data   from  e-mails  and   other  sources,   with  the                                                               
capability to reveal an individual's  personal life.  He declared                                                               
that  this  data for  personal  habits,  including purchases  and                                                               
travel, was worth millions of  dollars to "the right company" for                                                               
marketing.   He  reported that  the website,  privacy rights.org,                                                               
chronologically listed  privacy data breaches, and  reported that                                                               
his personal  data had  been lost  five times  in the  last eight                                                               
years.    He  stated  that  the argument  for  data  release  and                                                               
distribution  to protect  national  security was  "absurd in  the                                                               
extreme and [was] a downright  Orwellian argument."  He suggested                                                               
speaking to  anyone who  had to  deal with  the money,  time, and                                                               
aggravation from  the personal harm arising  from identity theft.                                                               
He  expressed  his  desire for  even  "tighter  privacy  action,"                                                               
stating that  legislating after  data collection  was impossible.                                                               
He pointed out  that it was almost impossible  to delete personal                                                               
data  once  it had  been  collected  and  stored.   He  expressed                                                               
support for proposed SB 98.                                                                                                     
                                                                                                                                
4:12:21 PM                                                                                                                    
                                                                                                                                
The  committee  took   a  brief  at-ease.     [Due  to  technical                                                               
difficulties, the  initial part of the  teleconferenced testimony                                                               
was indiscernible.]                                                                                                             
                                                                                                                                
4:15:51 PM                                                                                                                    
                                                                                                                                
PAUL  RESENZWEIG,  Heritage  Foundation,  opined  that  committee                                                               
members  should be  skeptical of  any  discussion which  included                                                               
sloganeering, such  as 1984, minority  report, or  Orwellian, and                                                               
stated  his  skepticism  for  the   arguments  of  proponents  to                                                               
proposed SB 98  which misidentified.  He offered  his belief that                                                               
fingerprints  were a  better means  of identification  than paper                                                               
identification.   He  declared that  identity  enrollment with  a                                                               
biometric  required  authentication  through biographic  sets  of                                                               
information.  He pointed out  that identity enrollment included a                                                               
host of  sociological questions  with answers  only known  to the                                                               
individual,  such as  what was  your childhood  phone number,  or                                                               
your  high school.   These  questions verified  the identity,  as                                                               
they   were  linked   to  the   fingerprint,   and  provided   an                                                               
identification  of the  individual which  was more  sophisticated                                                               
than  a  passport.    He directed  attention  to  the  Government                                                               
Accountability  Office  (GAO)   report  10-922T,  which  detailed                                                               
instances of fraud  in procurement of passports.   He stated that                                                               
many   countries   were   moving  toward   use   of   fingerprint                                                               
identification, as  a better way  of identity assurance,  in lieu                                                               
of passports.   He  professed his agreement  that there  was risk                                                               
inherent in the  accumulation of biometric data,  but opined that                                                               
there  was  a lower  risk  than  that  from the  accumulation  of                                                               
biographic data.  He also acknowledged  that there was a risk for                                                               
fraud  for professional  occupation examinations.   He  suggested                                                               
that any determination needed to be  a value judgment as to which                                                               
method  had  a  more  realistic  risk.    He  declared  that  any                                                               
legislation  with an  alternate identification  requirement would                                                               
increase the likelihood of fraud.                                                                                               
                                                                                                                                
                                                                                                                                
4:21:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  stated that the Alaska  State Constitution                                                               
had different  requirements than many other  state constitutions.                                                               
He asked  for more information  from the witnesses  who suggested                                                               
not  protecting   the  privacy  of   Alaskans,  as  to   how  the                                                               
legislature could meet its responsibility  to protect the privacy                                                               
of Alaskans.                                                                                                                    
                                                                                                                                
CHAIR  KELLER   asked  that  Mr.  Resenzweig   submit  a  written                                                               
response.                                                                                                                       
                                                                                                                                
REPRESENTATIVE KERTTULA  asked whether  there had been  any cases                                                               
of fraud with the Alaska CPA examination.                                                                                       
                                                                                                                                
CHAIR KELLER replied that the CPA testifiers would respond.                                                                     
                                                                                                                                
4:23:21 PM                                                                                                                    
                                                                                                                                
WALTER HAMILTON,  Chairman & President,  International Biometrics                                                               
& Identification  Association (IBIA),  explained that IBIA  was a                                                               
non-profit  trade association.   He  stated  that he  was also  a                                                               
technology consultant.   He offered  his belief that  proposed SB
98  was  the  result  of   a  misconception  regarding  biometric                                                               
technology.  He  proposed that there was less  potential for harm                                                               
from the  collection of  personal biometric  data than  there was                                                               
from  the collection  of  other  sensitive personal  information,                                                               
such as credit cards or  financial information.  He reported that                                                               
IBIA  believed   that  biometric   data  should  be   treated  as                                                               
personally  identifiable  information   and  properly  protected,                                                               
noting that  the biometrics industry had  supported standards for                                                               
the protection  of biometric  data for  the last  ten years.   He                                                               
expressed  his  concern that  the  proposed  bill singled  out  a                                                               
specific technology  as a  threat to society.   He  declared that                                                               
password hacking  was the source  of most data  breaches, stating                                                               
that  the data  breaches would  have been  prevented if  the data                                                               
owner   had  been   using  biometric   authentication  of   their                                                               
authorized users, instead of passwords.   He stated that IBIA did                                                               
not object to legislation which  defined reasonable standards for                                                               
the  protection of  the personally  identifiable information,  or                                                               
the  inclusion  of biometrics  in  the  definition of  personally                                                               
identifiable  information.   He  opined  that  the proposed  bill                                                               
would have "a  chilling effect on the deployment  of a technology                                                               
which is significantly beneficial to the citizens of Alaska."                                                                   
                                                                                                                                
CHAIR KELLER  acknowledged that  the written  testimony submitted                                                               
by Mr. Hamilton was available.                                                                                                  
                                                                                                                                
REPRESENTATIVE SEATON  offered his belief that  the proposed bill                                                               
did not  prohibit the data  collection, it  prohibited mandatory,                                                               
unwilling  collection of  data.   He asked  Mr. Hamilton  for his                                                               
specific objection to SB 98.                                                                                                    
                                                                                                                                
MR.  HAMILTON  offered   his  belief  that  the   option  for  an                                                               
alternative  form of  identification was  less secure,  and could                                                               
weaken  the security  of  the  overall system.    He agreed  that                                                               
alternate forms  of identification would  be allowed in  the rare                                                               
circumstances  for individuals  physically  unable  to provide  a                                                               
biometric modality.                                                                                                             
                                                                                                                                
4:28:59 PM                                                                                                                    
                                                                                                                                
MR. HAMILTON stated that commercial  biometric data was stored in                                                               
a template format, and not  used in the original collected image.                                                               
He acknowledged that law enforcement used the original images.                                                                  
                                                                                                                                
4:30:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   asked  to   clarify  whether   the  data                                                               
collectors  prohibited, or  preferred  not to  use, the  original                                                               
images for storage of the  collections of facial data and retinal                                                               
scans.                                                                                                                          
                                                                                                                                
MR.  HAMILTON  replied  that  commercial  practices  matched  the                                                               
registered biometric sample with  the presented sample, which was                                                               
compared as  a template,  not as  a raw  image.   For operational                                                               
efficiency, the data was in a  template format and, as the images                                                               
were  not  used  by  commercial  entities,  they  were  generally                                                               
discarded.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  SEATON  asked to  clarify  whether  the data  was                                                               
"generally  discarded," or  was  there a  legal prohibition  from                                                               
retaining the data.                                                                                                             
                                                                                                                                
MR. HAMILTON  clarified that there  was no legal  prohibition for                                                               
retaining the data.                                                                                                             
                                                                                                                                
4:31:43 PM                                                                                                                    
                                                                                                                                
JIM  HARPER,  Director,  Information  Policy  Studies,  The  Cato                                                               
Institute, explained  that he had  studied the public  policy for                                                               
means  of  identification  without encountering  the  dangers  to                                                               
liberty and privacy.  He  stated that both technology and privacy                                                               
values were changing, making it  difficult "to pin down the right                                                               
answers."  He  declared his support for the intentions  of SB 98,                                                               
although he expressed  his concern "that a bill like  this is the                                                               
right  way  to  go."    He  directed  attention  to  the  written                                                               
testimony he  had submitted [Included  in members' packets].   He                                                               
offered his belief that the  definition for biometric data in the                                                               
proposed  bill would  not  stand  up over  time,  as  it did  not                                                               
precisely address  the concerns  for biometrics.   Addressing the                                                               
issue of notice  and consent, he declared that  consumers did not                                                               
act to  protect their own privacy,  as they often regarded  it as                                                               
interference and more  paperwork.  He opined  that education over                                                               
time  was  more  successful  for  showing  consumers  how  things                                                               
worked.   He  reported  that it  was a  very  complex and  costly                                                               
burden to  revoke permission for data  use, once it had  been put                                                               
into a system.   He offered his belief that  outlawing the use of                                                               
biometrics for marketing  was too broad, and did  not think about                                                               
future systems,  suggesting that the draconian  penalties imposed                                                               
by  a  potentially unintentional  error  would  keep people  from                                                               
providing biometrics.  He proposed  that the bill have a "lighter                                                               
touch" and that  "an eye on the longer haul  would serve Alaskans                                                               
well."   He suggested ensuring  that contract and  tort liability                                                               
applied for  Alaskans in Alaska  should any harm be  suffered due                                                               
to  the collection  and use  of  biometrics.   He suggested  that                                                               
Alaska clarify  whether there  was a  third party  doctrine under                                                               
its  constitutional  law, as  Alaska  could  then determine  that                                                               
biometric   information  shared   with  a   third  party,   under                                                               
contractual or  regulatory protections, would  get constitutional                                                               
protection  for that  data.   He  suggested  an investigation  to                                                               
determine whether the CPA exam  was controlled by an occupational                                                               
cartel that  required the biometric  requirements.   He suggested                                                               
prevention of  the use of  biometrics in  national identification                                                               
systems,  noting  that  other  states   had  denied  the  federal                                                               
government access to state identity data.                                                                                       
                                                                                                                                
4:37:28 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER invited  Mr. Harper to testify  in future discussion                                                               
to any blind spots.                                                                                                             
                                                                                                                                
4:38:05 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER invited  the remaining  witnesses, whose  testimony                                                               
would not be heard, to submit written testimony.                                                                                
                                                                                                                                
4:39:12 PM                                                                                                                    
                                                                                                                                
MAX MERTZ, CPA,  Alaska Board of Public  Accountancy, stated that                                                               
the  Alaska  Board  of  Public   Accountancy  had  concerns  with                                                               
proposed SB  98, as the  Alaska CPA community was  very concerned                                                               
for the ability for CPA candidates  to be tested.  He shared that                                                               
he had  been Chair of  the board  during the time  that Prometric                                                               
developed  and   implemented  biometric   imaging  for   the  CPA                                                               
examinations.      He   clarified  that   Prometric   owned   and                                                               
administered  the  CPA  examination   process  and  the  security                                                               
protocol for  biometric imaging  of fingerprints,  in conjunction                                                               
with  the  American  Institute   of  CPAs  (AICPA)  and  National                                                               
Association of State Boards of  Accountancy (NASBA), and that the                                                               
Alaska CPA community  did not have direct control over  this.  He                                                               
explained  that the  security protocol  was developed  because of                                                               
the threat of question strippers,  who can remember verbatim four                                                               
or five  questions and then sell  them after the exam,  and proxy                                                               
test takers, who are  hired to take the exam.   In response to an                                                               
earlier question  from Representative  Kerttula, he said  that he                                                               
was not  aware of  this occurring  in Alaska.   He  reported that                                                               
there had  been almost  1 million  tests administered,  with only                                                               
one objection,  and that the  Alaska Board of  Public Accountancy                                                               
had extensively  reviewed the process  prior to agreement  to the                                                               
use of  biometric imaging.   He  reported that  the CPA  exam was                                                               
computerized in  2004, prior to which  it was a pencil  and paper                                                               
examination.  He reported that,  as the electronic administration                                                               
process was very  expensive, the distribution was  now limited to                                                               
Anchorage and  Fairbanks.   He declared that  the four  part exam                                                               
was very  difficult, noting that  the pass rate, when  taking all                                                               
four  parts at  the same  time,  was 4  percent; therefore,  most                                                               
candidates had to  take multiple trips to  Anchorage or Fairbanks                                                               
for the examination.  He  stated that the Anchorage and Fairbanks                                                               
test  sites  would  be  discontinued  unless  the  administration                                                               
process  included biometric  imaging.   He expressed  his concern                                                               
that  the  committee  would  find an  acceptable  solution.    He                                                               
relayed that both  Prometric and NASBA agreed that  there was not                                                               
acceptable  alternative identification  for  repeat test  takers.                                                               
He  requested  an  exception  to   allow  biometric  imaging  for                                                               
occupational  licensing  examinations,  asking that  proposed  AS                                                               
18.14.040 is clarified to include this.                                                                                         
                                                                                                                                
4:44:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  reflected  that,  as most  of  the  prior                                                               
testimony had indicated that fraudulent  monitors and test takers                                                               
were prevalent, Alaska was not yet plagued by these actions.                                                                    
                                                                                                                                
4:45:36 PM                                                                                                                    
                                                                                                                                
MR.  MERTZ  explained  that,  prior   to  the  implementation  of                                                               
electronic examination  in 2004,  the tests were  scheduled twice                                                               
annually, on  the same  day, with  the testing  times coordinated                                                               
nationally so  that all  the tests were  taken concurrently.   He                                                               
said that  a significant  amount of reported  fraud, from  2004 -                                                               
2008, resulted in the implementation of biometric imaging.                                                                      
                                                                                                                                
4:46:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER asked  how Mr.  Mertz had  been identified                                                               
for his CPA examination.                                                                                                        
                                                                                                                                
MR. MERTZ,  in response, said  that it had required  the standard                                                               
normal identification.                                                                                                          
                                                                                                                                
REPRESENTATIVE  MILLER asked  how the  CPA business  had survived                                                               
without biometrics.                                                                                                             
                                                                                                                                
MR. MERTZ  replied that although  biometrics had  resolved common                                                               
the instances of fraud after the  initial exam, there was still a                                                               
problem with fraud on the initial test.                                                                                         
                                                                                                                                
4:47:57 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER reflected that breeches  had existed under the older                                                               
system, as well.                                                                                                                
                                                                                                                                
CHAIR KELLER said that SB 98 would be held over.                                                                                
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
^Presentation: FASD                                                                                                             
                       Presentation: FASD                                                                                   
                                                                                                                              
4:49:41 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  final order of business would be                                                               
a presentation on FASD (Fetal Alcohol Spectrum Disorder).                                                                       
                                                                                                                                
TERI  TIBBETT, Coordinator,  Alaska FASD  Partnership, said  that                                                               
all the participants were members  of the Alaska FASD Partnership                                                               
Steering Committee, as well as  participants in the "FASD and the                                                               
Legal  System"  work   group.    The  panel   would  discuss  the                                                               
priorities  from  the  work  group,  which  the  partnership  was                                                               
pursuing relative to FASD and the justice system.                                                                               
                                                                                                                                
4:51:18 PM                                                                                                                      
                                                                                                                                
DIDI RAYMOND, Mental Health  Clinician, Department of Corrections                                                               
(DOC),  explained that  she worked  as the  statewide coordinator                                                               
for  a  national best  practice  release  program, APIC  (Assess,                                                               
Plan,  Identify).   She said  that  the program  worked with  the                                                               
mental health  clinicians inside the DOC  correctional facilities                                                               
to  put together  plans for  the  release of  those inmates  with                                                               
serious  mental illness.   She  noted  that this  program was  in                                                               
effect up  to 90 days  prior to release and  up to 60  days after                                                               
release,  working as  a transitional  program for  release.   She                                                               
shared  that the  program included  mental  health court,  mental                                                               
health   commissions,  and   supervision   of  individuals   with                                                               
psychotic  disorders on  felony probation  or parole.   She  said                                                               
that all  the programs were  geared toward severely  mentally ill                                                               
individuals,  and  that  those  people  with  FASD  were  offered                                                               
services,  such as  housing and  continuity of  medication, under                                                               
APIC.    She declared  a  need  for the  individualized  services                                                               
geared  for  this  group.     She  shared  that  her  group  also                                                               
supervised  released  individuals  with  severe  mental  illness,                                                               
including  FASD, who  most  benefited  from ongoing  supervision.                                                               
She  reported that  DOC had  moved toward  a justice  model which                                                               
took  into account  the  cost and  the quality  of  life for  the                                                               
community, the  individual, and the  family by working  to reduce                                                               
recidivism, reduce the number of  victims, and bring communities,                                                               
families, and individuals together.                                                                                             
                                                                                                                                
4:54:15 PM                                                                                                                      
                                                                                                                                
TRISH  SMITH,  Director,  Prevention and  Intervention  Services,                                                               
Volunteers of America Alaska, shared  that she served on a family                                                               
care wellness court  for the children of the  participants in the                                                               
programs.  She said that  wellness court taught the children that                                                               
the problems of  the parents were not the fault  of the children,                                                               
and  allowed  the  children  to   deal  with  their  own  defense                                                               
mechanisms to  their parent's  problems.   She reported  that she                                                               
had identified possible  FASD in a number of women,  many of whom                                                               
who had been  exited from the programs for not  following all the                                                               
rules.    She  spoke  about  the difficulties  for  many  of  the                                                               
participants when they  did not have any program  structure.  She                                                               
offered her belief that the  wellness court programs were adapted                                                               
to better  meet the  needs of those  affected by  substance abuse                                                               
and  would be  even  better  if FASD  was  also  addressed on  an                                                               
individual basis.                                                                                                               
                                                                                                                                
4:56:59 PM                                                                                                                      
                                                                                                                                
CHAIR KELLER directed  attention to proposed HB  367, which dealt                                                               
with FASD, stating that it was  scheduled to be introduced in the                                                               
next  House   Health  and  Social  Services   Standing  Committee                                                               
meeting.                                                                                                                        
                                                                                                                                
4:58:08 PM                                                                                                                      
                                                                                                                                
STEPHANIE JOHNSON, Mental Health  Clinician, Nome Youth Facility,                                                               
Youth  Facilities, Division  of Juvenile  Justice, Department  of                                                               
Health  and Social  Services, explained  that she  handled crisis                                                               
intervention  and  identification   for  specific  mental  health                                                               
issues, including  FASD.   She said that  she travelled  with the                                                               
youth when they  were transitioning back into  the community, and                                                               
she looked for  safe support systems and school  programs, as the                                                               
program goal was for success.   She reported that there was now a                                                               
focus  to  target  non-conventional  ways to  help  kids  find  a                                                               
purpose  in   the  community,   including  elders   and  cultural                                                               
practices  to entwine  the kids.    She decried  that often  when                                                               
youth  were forced  to leave  the community,  they were  moved to                                                               
treatment  facilities in  the  cities.   She  reported that  many                                                               
facilities were no longer accepting  youth diagnosed with FASD or                                                               
IQs  lower  than  70.    She  relayed  that  this  increased  the                                                               
difficulty  for  placement for  these  youth.   She  explained  a                                                               
teaching family  model for a  group home  with five youth,  and a                                                               
Bethel cultural  based model which  taught trapping  and fishing,                                                               
with an  elder on staff.   She  stated that kids  in experiential                                                               
learning programs  were doing very  well, whereas  a non-cultural                                                               
approach often lead to being  institutionalized.  She expressed a                                                               
desire for more rural cultural based treatment programs.                                                                        
                                                                                                                                
5:02:10 PM                                                                                                                      
                                                                                                                                
MICHAEL JEFFREY, Superior  Court Judge, said that he  was also on                                                               
the  statewide FAS  Steering committee  and  the Alaska  Juvenile                                                               
Justice Advisory committee.  He  reported that he became involved                                                               
with FASD  in 1996,  at a  conference in Barrow.   He  offered an                                                               
analogy for putting  a youth with FASD in the  judicial system to                                                               
that of putting a  youth with a club foot on the  track team.  He                                                               
explained that FASD youth often  look and talk completely normal,                                                               
yet have  a social understanding  at a  middle school level.   He                                                               
declared that they could not  be age appropriate.  The conference                                                               
gave  him an  awareness for  FASD  symptoms in  behavior, and  an                                                               
understanding for what his options as  a judge should become.  He                                                               
listed the  difficulties for constant  maintenance, but  the need                                                               
for  it.   He  pointed  out  the  need  for smart  justice,  that                                                               
effective  treatments both  in and  out of  jail would  allow the                                                               
person to  follow the rules and  stay out of trouble.   He agreed                                                               
that  the  commission of  dangerous  activities  would result  in                                                               
consequences,  but there  was a  need for  effective programs  to                                                               
meet  the  needs  of  the  FAS population.    He  noted  that  he                                                               
simplified  his language  and court  forms, and  slowed down  the                                                               
court  hearings,  to respect  the  need  for FAS  populations  to                                                               
better understand.                                                                                                              
                                                                                                                                
5:07:32 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER remarked  that effective  programs were  necessary,                                                               
as, although  the situation was  preventable, the victims  had no                                                               
choice and were victims for life.                                                                                               
                                                                                                                                
5:07:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK  offered  some   homilies  to  the  need  of                                                               
physical activity for the developmental process.                                                                                
                                                                                                                                
5:09:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON explained  that adoptive  parents of  FASD                                                               
children had told him that  there was no connection between cause                                                               
and effect  with FASD.  He  opined as to the  difficulty of being                                                               
within the  justice system if  there was not an  understanding of                                                               
cause and effect.                                                                                                               
                                                                                                                                
5:10:58 PM                                                                                                                    
                                                                                                                                
JUDGE  JEFFREY  clarified  that  he   was  not  testifying  as  a                                                               
representative of the Alaska court  system, but as an individual.                                                               
He expressed  agreement that it was  an issue.  He  declared that                                                               
the  community   needed  protection,  but  that   community  case                                                               
management could often have better results than incarceration.                                                                  
                                                                                                                                
5:12:59 PM                                                                                                                    
                                                                                                                                
MS.  RAYMOND stated  that  there were  also  issues with  memory,                                                               
impulsivity, and judgment with FASD;  therefore, it was necessary                                                               
for  more treatment  options specific  to this  population.   She                                                               
said  that working  models existed,  but  the program  capacities                                                               
were limited.                                                                                                                   
                                                                                                                                
5:14:35 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Health  and  Social  Services   Standing  Committee  meeting  was                                                               
adjourned at 5:14 p.m.                                                                                                          

Document Name Date/Time Subjects
SB 98 Version A.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 Sponsor Statement.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 Sectional Summary CS S JUD.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 State Affairs Fiscal Note.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 supporters.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 State Affairs Fiscal Note.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 Legislative Research Report 3-15-12.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 Fact Sheet.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 EFF background.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 CS S STA.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 CS S JUD.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB98 Fiscal Note-CS(JUD)-LAW-CIV-03-23-12.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 Committee and Voting History.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 Choicepoint Article.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 State Affairs Fiscal Note.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 supporters.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 Biometric textbook.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 anticipated testimony.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB 98 ACLU Support Letter.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
WSJ (Business Schools Try Palms Scans to Finger Cheats.pdf HHSS 3/27/2012 3:00:00 PM
Why I Love Biometrics.pdf HHSS 3/27/2012 3:00:00 PM
US_FederalPrivacyReport0306.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
Reed Elsevier Letter re Biometric Information Storage.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
NYT (SAT Officials Vow More Security).pdf HHSS 3/27/2012 3:00:00 PM
SB 98
March 16 legal opinion.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
Letter AK Rep Wes Keller re_ SB 98.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
CATO (When Data Security Regulations Fail There Is an Alternative.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
CATO (Human Bar Code Monitoring Biometric Technologies in a Free Society).pdf HHSS 3/27/2012 3:00:00 PM
SB 98
Alaska Biometrics Treadwell Letter-2.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
CATO (Human Bar Code).pdf HHSS 3/27/2012 3:00:00 PM
SB 98
Acceptable SAT Photo Identification 2012 Counselor Guide.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB98 Alaska Biometrics - Testimony of Jim Harper.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB98 Testimony Walter Hamilton response to committee questions.pdf HHSS 3/27/2012 3:00:00 PM
SB 98
SB98 Biometric Information-H HSS Hearing 3 27 12-PDF.pdf HHSS 3/27/2012 3:00:00 PM
SB 98