05/03/2024 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB12 | |
| SB134 | |
| HB105 | |
| HB107 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 134 | TELECONFERENCED | |
| + | SB 12 | TELECONFERENCED | |
| += | HB 105 | TELECONFERENCED | |
| += | HB 107 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
May 3, 2024
1:39 p.m.
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Jamie Allard, Vice Chair
Representative Craig Johnson
Representative Jesse Sumner
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
Representative Ben Carpenter
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 12(JUD)
"An Act relating to the duties of the Department of
Administration; creating an address confidentiality program; and
providing for an effective date."
- MOVED HCS CSSB 12(STA) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 134(JUD)
"An Act relating to insurance; relating to insurance data
security; relating to mammograms; amending Rule 26, Alaska Rules
of Civil Procedure, and Rules 402 and 501, Alaska Rules of
Evidence; and providing for an effective date."
- MOVED HCS CSSB 134(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 105
"An Act relating to parental rights in a child's education;
relating to access to school records; relating to sex education,
human reproduction education, and human sexuality education;
relating to school disciplinary and safety programs; and
providing for an effective date."
- MOVED CSHB 105(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 107
"An Act relating to criminal law definitions."
- MOVED CSHB 107(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 12
SHORT TITLE: ADDRESS CONFIDENTIALITY PROGRAM
SPONSOR(s): SENATOR(s) KIEHL
01/18/23 (S) PREFILE RELEASED 1/9/23
01/18/23 (S) READ THE FIRST TIME - REFERRALS
01/18/23 (S) STA, JUD, FIN
02/02/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/02/23 (S) Heard & Held
02/02/23 (S) MINUTE(STA)
02/28/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/28/23 (S) Moved CSSB 12(STA) Out of Committee
02/28/23 (S) MINUTE(STA)
03/01/23 (S) STA RPT CS 1DP 3NR NEW TITLE
03/01/23 (S) DP: KAWASAKI
03/01/23 (S) NR: WIELECHOWSKI, BJORKMAN, MERRICK
03/08/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/08/23 (S) Heard & Held
03/08/23 (S) MINUTE(JUD)
03/15/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/15/23 (S) Moved CSSB 12(JUD) Out of Committee
03/15/23 (S) MINUTE(JUD)
03/17/23 (S) JUD RPT CS 3DP 1AM NEW TITLE
03/17/23 (S) DP: CLAMAN, TOBIN, KIEHL
03/17/23 (S) AM: KAUFMAN
03/28/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/28/23 (S) Heard & Held
03/28/23 (S) MINUTE(FIN)
04/03/23 (S) FIN RPT CS(JUD) 3DP 3NR 1AM
04/03/23 (S) DP: OLSON, HOFFMAN, KIEHL
04/03/23 (S) NR: STEDMAN, MERRICK, BISHOP
04/03/23 (S) AM: WILSON
04/03/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/03/23 (S) Moved CSSB 12(JUD) Out of Committee
04/03/23 (S) MINUTE(FIN)
04/24/23 (S) TRANSMITTED TO (H)
04/24/23 (S) VERSION: CSSB 12(JUD)
04/26/23 (H) READ THE FIRST TIME - REFERRALS
04/26/23 (H) STA, JUD, FIN
05/04/23 (H) STA AT 3:00 PM GRUENBERG 120
05/04/23 (H) Heard & Held
05/04/23 (H) MINUTE(STA)
03/05/24 (H) STA AT 3:00 PM GRUENBERG 120
03/05/24 (H) Heard & Held
03/05/24 (H) MINUTE(STA)
03/07/24 (H) STA AT 3:00 PM GRUENBERG 120
03/07/24 (H) Heard & Held
03/07/24 (H) MINUTE(STA)
03/12/24 (H) STA AT 3:00 PM GRUENBERG 120
03/12/24 (H) Moved HCS CSSB 12(STA) Out of Committee
03/12/24 (H) MINUTE(STA)
03/13/24 (H) STA RPT HCS(STA) 3DP 4NR
03/13/24 (H) DP: CARRICK, STORY, SHAW
03/13/24 (H) NR: WRIGHT, CARPENTER, C.JOHNSON,
ALLARD
04/10/24 (H) JUD AT 1:00 PM GRUENBERG 120
04/10/24 (H) -- MEETING CANCELED --
04/26/24 (H) JUD AT 1:00 PM GRUENBERG 120
04/26/24 (H) <Bill Hearing Rescheduled to 04/29/24>
04/29/24 (H) JUD AT 1:00 PM GRUENBERG 120
04/29/24 (H) -- MEETING CANCELED --
05/01/24 (H) JUD AT 1:00 PM GRUENBERG 120
05/01/24 (H) Scheduled but Not Heard
05/03/24 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: SB 134
SHORT TITLE: INS. DATA SECURITY; INFO. SECURITY PRGRMS
SPONSOR(s): SENATOR(s) KAUFMAN
04/21/23 (S) READ THE FIRST TIME - REFERRALS
04/21/23 (S) L&C, JUD, FIN
02/05/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/05/24 (S) Heard & Held
02/05/24 (S) MINUTE(L&C)
02/16/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/16/24 (S) Moved CSSB 134(L&C) Out of Committee
02/16/24 (S) MINUTE(L&C)
02/19/24 (S) L&C RPT CS 3DP SAME TITLE
02/19/24 (S) DP: BJORKMAN, DUNBAR, BISHOP
02/19/24 (S) FIN REFERRAL REMOVED
03/18/24 (S) JUD AT 1:30 PM BUTROVICH 205
03/18/24 (S) <Bill Hearing Rescheduled to 03/20/24>
03/20/24 (S) JUD AT 1:30 PM BUTROVICH 205
03/20/24 (S) Heard & Held
03/20/24 (S) MINUTE(JUD)
04/05/24 (S) JUD AT 1:30 PM BUTROVICH 205
04/05/24 (S) Heard & Held
04/05/24 (S) MINUTE(JUD)
04/17/24 (S) JUD AT 1:30 PM BUTROVICH 205
04/17/24 (S) Heard & Held
04/17/24 (S) MINUTE(JUD)
04/19/24 (S) JUD AT 1:30 PM BUTROVICH 205
04/19/24 (S) Moved CSSB 134(JUD) Out of Committee
04/19/24 (S) MINUTE(JUD)
04/22/24 (S) JUD RPT CS 2DP 2NR NEW TITLE
04/22/24 (S) DP: CLAMAN, KIEHL
04/22/24 (S) NR: TOBIN, GIESSEL
04/29/24 (S) TRANSMITTED TO (H)
04/29/24 (S) VERSION: CSSB 134(JUD)
05/01/24 (H) READ THE FIRST TIME - REFERRALS
05/01/24 (H) JUD, FIN
05/01/24 (H) JUD WAIVED PUBLIC HEARING NOTICE, RULE
23
05/02/24 (H) FIN REFERRAL REMOVED
05/03/24 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 105
SHORT TITLE: SEX/REPRODUCTION EDUCATION; SCHOOLS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/08/23 (H) READ THE FIRST TIME - REFERRALS
03/08/23 (H) EDC, JUD
03/13/23 (H) EDC AT 8:00 AM DAVIS 106
03/13/23 (H) Heard & Held
03/13/23 (H) MINUTE(EDC)
03/29/23 (H) EDC AT 8:00 AM DAVIS 106
03/29/23 (H) Heard & Held
03/29/23 (H) MINUTE(EDC)
03/30/23 (H) EDC AT 5:15 PM DAVIS 106
03/30/23 (H) Heard & Held
03/30/23 (H) MINUTE(EDC)
04/13/23 (H) EDC AT 5:15 PM BARNES 124
04/13/23 (H) Heard & Held
04/13/23 (H) MINUTE(EDC)
04/24/23 (H) EDC AT 8:00 AM DAVIS 106
04/24/23 (H) Heard & Held
04/24/23 (H) MINUTE(EDC)
04/26/23 (H) EDC AT 8:00 AM DAVIS 106
04/26/23 (H) Moved CSHB 105(EDC) Out of Committee
04/26/23 (H) MINUTE(EDC)
04/28/23 (H) EDC RPT CS(EDC) NEW TITLE 1DP 3DNP 1NR
2AM
04/28/23 (H) DP: PRAX
04/28/23 (H) DNP: HIMSCHOOT, STORY, MCCORMICK
04/28/23 (H) NR: RUFFRIDGE
04/28/23 (H) AM: MCKAY, ALLARD
04/28/23 (H) EDC AT 8:00 AM DAVIS 106
04/28/23 (H) <Bill Hearing Canceled>
05/01/23 (H) JUD AT 1:00 PM GRUENBERG 120
05/01/23 (H) <Bill Hearing Canceled>
01/31/24 (H) JUD AT 1:00 PM GRUENBERG 120
01/31/24 (H) <Bill Hearing Canceled>
04/15/24 (H) JUD AT 1:00 PM GRUENBERG 120
04/15/24 (H) Heard & Held
04/15/24 (H) MINUTE(JUD)
04/17/24 (H) JUD AT 1:00 PM GRUENBERG 120
04/17/24 (H) Moved CSHB 105(JUD) Out of Committee
04/17/24 (H) MINUTE(JUD)
05/01/24 (H) JUD RPT CS(JUD) NEW TITLE 5DP 1DNP 1AM
05/01/24 (H) DP: C.JOHNSON, CARPENTER, SUMNER,
ALLARD, VANCE
05/01/24 (H) DNP: GRAY
05/01/24 (H) AM: GROH
05/01/24 (H) FIN REFERRAL ADDED AFTER JUD
05/03/24 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 107
SHORT TITLE: CRIMINAL LAW DEFINITIONS PERSON/LIFE
SPONSOR(s): MCCABE
03/13/23 (H) READ THE FIRST TIME - REFERRALS
03/13/23 (H) HSS, JUD
04/12/23 (H) HSS REFERRAL REMOVED
04/12/23 (H) BILL REPRINTED
02/21/24 (H) JUD AT 1:00 PM GRUENBERG 120
02/21/24 (H) -- MEETING CANCELED --
02/23/24 (H) JUD AT 1:30 PM GRUENBERG 120
02/23/24 (H) Heard & Held
02/23/24 (H) MINUTE(JUD)
02/26/24 (H) JUD AT 1:30 PM GRUENBERG 120
02/26/24 (H) Heard & Held
02/26/24 (H) MINUTE(JUD)
03/20/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/20/24 (H) Heard & Held
03/20/24 (H) MINUTE(JUD)
03/22/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/22/24 (H) <Bill Hearing Canceled>
03/27/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/27/24 (H) <Bill Hearing Canceled>
04/26/24 (H) JUD AT 1:00 PM GRUENBERG 120
04/26/24 (H) <Bill Hearing Rescheduled to 04/29/24>
04/29/24 (H) JUD AT 1:00 PM GRUENBERG 120
04/29/24 (H) -- MEETING CANCELED --
05/01/24 (H) JUD AT 1:00 PM GRUENBERG 120
05/01/24 (H) Moved CSHB 107(JUD) Out of Committee
05/01/24 (H) MINUTE(JUD)
05/02/24 (H) JUD RPT CS(JUD) NEW TITLE 1DP 2DNP 3AM
05/02/24 (H) DP: VANCE
05/02/24 (H) DNP: GRAY, GROH
05/02/24 (H) AM: SUMNER, ALLARD, CARPENTER
05/03/24 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
SENATOR JESSE KIEHL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HCS CSSB
12(STA).
ELLA ADKISON, Staff
Senator Jesse Kiehl
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for HCS
CSSB 12(STA), on behalf of Senator Kiehl, prime sponsor.
KEELEY OLSON, Executive Director
Standing Together Against Rape
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on HCS CSSB 12(STA).
SENATOR JAMES KAUFMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented CSSB 134(JUD).
EMILY NENON, Alaska Government Relations Director
American Cancer Society Cancer Action Network, Inc
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on CSSB 134(JUD).
CONOR SWEENEY, Regional Manager
State Policy and Advocacy
Susan G. Komen
California
POSITION STATEMENT: Testified in support of SB 134.
KELLEY MARRE, representing self
Kasilof, Alaska
POSITION STATEMENT: Testified in support of SB 134.
LORI WING-HEIER, Director
Division of Insurance
Department of Commerce, Community, and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSSB 134(JUD).
NANCY MEADE, General Counsel
Alaska Court System
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSSB 134(JUD).
ACTION NARRATIVE
1:39:13 PM
CHAIR VANCE called the House Judiciary Standing Committee
meeting to order at 1:39 p.m. Representatives C. Johnson,
Sumner, Gray, Groh, and Vance were present at the call to order.
Representative Allard arrived as the meeting was in progress.
SB 12-ADDRESS CONFIDENTIALITY PROGRAM
1:40:05 PM
CHAIR VANCE announced that the first order of business would be
CS FOR SENATE BILL NO. 12(JUD), "An Act relating to the duties
of the Department of Administration; creating an address
confidentiality program; and providing for an effective date."
[Before the committee was HCS CSSB 12(STA).]
1:40:24 PM
SENATOR JESSE KIEHL, Alaska State Legislature, as prime sponsor,
presented HCS CSSB 12(STA). He paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
SB 12 creates an address protection program for
victims of sexual assault and domestic violence, peace
officers and correctional officers, and their
families.
Alaska is one of only nine states without any form of
address protection program. They are so widespread
because they are essential. A person needs an address
to vote, drive, work, send children to school, and
much more. When that address shows up in a public
record, an Alaskan seeking safety from a stalker or
abuser faces unnecessary danger. So do Alaska law
enforcement professionals who face threats of
retribution.
An address protection program gives those Alaskans a
tool to stay safe.
Under SB 12, the state would keep a Post Office Box
and confidentially forward mail to Alaskans with a
protective order, public safety professionals, and
their families. Victims and those protecting our state
deserve the chance to live safely.
SENATOR KIEHL said one unusual aspect of the bill compared to
most address protection programs, is that it would allow peace
officers and correctional officers to participate. He noted
that the current version of the bill, which was adopted by the
House State Affairs Standing Committee, closed a potential
loophole by prohibiting registered sex offenders or child
kidnappers from participating in this program. The bill would
also provide [the Department of Administration (DOA)] with the
ability to create a pathway for people who had to leave before
they could get a protective order to qualify for the registry.
1:45:41 PM
ELLA ADKISON, Staff, Senator Jesse Kiehl, Alaska State
Legislature, on behalf of Senator Kiehl, prime sponsor of HCS
CSSB 12(STA), presented the sectional analysis [included in the
committee packet], which read as follows [original punctuation
provided]:
Sec. 1: Puts the program in the Department of
Administration.
Sec. 2: Creates the program.
(b) requires a Post Office Box as a substitute mailing
address for enrollees and instructs the department to
forward mail to participants. It charges the
department with protecting confidentiality and
requires regulations to govern enrollment and
withdrawal.
(c) describes eligible participants as people
sheltered by a protective order and their parents,
guardians, children, and household members. It also
admits peace officers and correctional officers.
(d) requires state and municipal agencies to accept
the P.O. Box.
(e) describes the eligibility period.
(f) forbids the department from charging a fee.
(g) allows access to confidential addresses subject to
a search warrant.
(h) establishes penalties for unlawfully revealing a
protected individual's address.
(i) defines certain terms.
Sec. 3: Establishes a transition period for the
department to adopt regulations to implement the
program.
Sec. 4: Lets the department begin its regulation
process immediately.
Sec. 5: Sets an effective date of Jan. 1, 2024 for the
rest of the bill.
1:46:47 PM
KEELEY OLSON, Executive Director, Standing Together Against
Rape, gave invited testimony during the hearing on HCS CSSB
12(STA). She shared her knowledge of the address
confidentiality program in Washington where she worked as a
victim's advocate with the prosecuting attorney's office, and
her home state of Montana. She reported that address
confidentiality programs are currently available in up to 40
states nationwide at no cost to enrollees, which is an important
consideration for those fleeing abuse with no access to funds.
She said she also appreciated the inclusion of public safety
officers in the bill.
1:50:26 PM
REPRESENTATIVE GRAY moved to adopt Amendment 1 to HCS CSSB
12(STA), labeled 33-LS0162\H.2, C. Radford, 5/3/24, which read:
Page 3, line 12:
Delete "or"
Page 3, following line 12:
Insert a new paragraph to read:
"(5) an election official; or"
Renumber the following paragraph accordingly.
Page 3, line 13:
Delete "(1) - (4)"
Insert "(1) - (5)"
Page 3, line 19:
Delete "(c)(5)"
Insert "(c)(6)"
Page 3, line 23:
Delete "or (4)"
Insert ", (4), or (5)"
Delete "(c)(5)"
Insert "(c)(6)"
Page 3, lines 24 - 25:
Delete "or (4)"
Insert ", (4), or (5)"
Page 3, line 26:
Delete "or correctional officer"
Insert ", correctional officer, or election
official"
Page 4, following line 29:
Insert a new paragraph to read:
"(4) "election official" includes a
municipal clerk, municipal election staff, voting
official, polling place worker, or other election
worker;"
Renumber the following paragraphs accordingly.
REPRESENTATIVE SUMNER objected.
1:50:34 PM
REPRESENTATIVE SUMNER moved Conceptual Amendment 1 to Amendment
1.
REPRESENTATIVE GRAY objected.
REPRESENTATIVE SUMNER said Conceptual Amendment 1 to Amendment 1
would insert "or elected" on page 1, line 6, and page 2, line
11, and strike "or" on page 2, line 12, and after "worker",
insert "or person elected to any municipal or state elected
office". He said the proposed conceptual amendment would extend
the same protections to election officials as elected officials.
REPRESENTATIVE GRAY asked for the bill sponsor's opinion on
Conceptual Amendment 1 to Amendment 1.
SENATOR KIEHL said the clients of address protection registries
tend to live private lives. He said he was not aware of any
significant use of address protection registries in other states
by people who live the exceedingly public lives of those serving
in public office. He pointed out that increasing the number of
eligible people could increase the cost of the bill.
1:53:56 PM
REPRESENTATIVE ALLARD said she appreciated the proposed
amendment to the amendment because elected officials do not stay
in office forever. She informed the committee that she had to
file with the Federal Bureau of Investigation (FBI) [to protect
herself] from people across state lines.
REPRESENTATIVE C. JOHNSON expressed concern about how Amendment
1 would impact transparency and the Alaska Public Offices
Commission (APOC).
REPRESENTATIVE ALLARD suggested that Conceptual Amendment 1 to
Amendment 1 could be a separate bill.
REPRESENTATIVE SUMNER appreciated the concern about the fiscal
impact; however, he said he didn't understand why Amendment 1
wouldn't be extended to elected officials if it applied to
election officials.
1:56:41 PM
REPRESENTATIVE GRAY asked how to ensure that elected officials
live in the district they represent if their address is
completely confidential.
REPRESENTATIVE ALLARD pointed out that a lot of information is
public. She opined that the proposed amendment would not impact
where elected officials live.
REPRESENTATIVE SUMNER clarified that addresses can be obscured
on the voter registration; however, it does not remove the
requirement to provide a physical address when registering.
SENATOR KIEHL confirmed that municipal clerks retain the ability
to know where a registered voter lives so as to assign them to
the correct precinct.
1:58:54 PM
CHAIR VANCE said she understood the need for confidentiality;
however, elected officials are no longer anonymous. She said
Alaska's communities are too small, and even with the address
protection program, people would still know where elected
officials live. She expressed a desire to support the original
intent of the bill, adding that elected officials choose to
expose themselves and their families to scrutiny and danger when
running for public office.
REPRESENTATIVE ALLARD disagreed with Representative Vance and
said she would continue to support Conceptual Amendment 1 to
Amendment 1 because when she leaves public office, she wants to
be protected.
2:02:02 PM
REPRESENTATIVE GRAY asked whether the proposed amendment would
apply to former elected officials.
REPRESENTATIVE SUMNER said yes, it was his intention for it to
apply to former elected officials.
REPRESENTATIVE GRAY opined that as someone whose child was
threatened last week, he wished his information was
confidential; however, he agreed with Chair Vance that someone
who wants to find an elected official's address will find it.
Further, he shared his belief that the intent of the bill is to
protect people in domestic violence situations with real threats
against their life.
CHAIR VANCE acknowledged that significant threats were made
against Representative Allard's family. She clarified that she
finds the practicality of remaining anonymous very difficult for
elected officials.
2:05:12 PM
A roll call vote was taken. Representatives Sumner and Allard
voted in favor of Conceptual Amendment 1 to Amendment 1.
Representatives Gray, Groh, and Vance voted against it.
Therefore, Conceptual Amendment 1 to Amendment 1 failed by a
vote of 2-3.
2:05:54 PM
REPRESENTATIVE GRAY explained that Amendment 1 would add
election officials to the category of protected people. He
referenced the 2020 election and a false accusation against an
election official that lead to threats against her life. He
said if the U.S. wants free and fair elections, people need to
be willing to work the elections.
CHAIR VANCE said she could not support Amendment 1 because this
particular program is for people who have experienced domestic
violence. Nonetheless, she thanked Representative Gray for
highlighting this concern and agreed that election workers are
needed to provide free and fair elections.
REPRESENTATIVE GRAY highlighted the difference between an
elected official and a poll worker and emphasized the importance
of ensuring their safety.
2:10:27 PM
REPRESENTATIVE ALLARD remarked, "Those election officials went
to the media, the press, urged people to vote -. said all their
names on file, on record, and on the TV." She said she would
not support Amendment 1 because [the election workers] made
themselves public even before the election.
2:10:48 PM
A roll call vote was taken. Representatives Gray and Groh voted
in favor of Amendment 1. Representatives Sumner, Allard, C.
Johnson, and Vance voted against it. Therefore, Amendment 1
failed by a vote of 2-4.
CHAIR VANCE opened public testimony on SB 12. After
ascertaining that no one wished to testify, she closed public
testimony.
2:12:16 PM
REPRESENTATIVE GRAY asked whether the participant's address is
somehow purged from places its already listed.
SENATOR KIEHL explained that the registry itself does not purge
anything and tends to be of greatest use to people who are
forced to "pick up stakes and start again." He explained that
police officers who buy a new home can create a trust to keep
that record from coming available on the Internet, but they
would not need to go to extroardinary lengths to do things like
register to vote or register their kids for school.
2:14:33 PM
REPRESENTATIVE ALLARD moved to report HCS CSSB 12(STA) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, HCS CSSB 12(STA) was
reported from the House Judiciary Standing Committee.
2:14:53 PM
The committee took a brief at-ease at 2:14 p.m.
SB 134-INS. DATA SECURITY; INFO. SECURITY PRGRMS
2:14:57 PM
CHAIR VANCE announced that the next order of business would be
CS FOR SENATE BILL NO. 134(JUD), "An Act relating to insurance;
relating to insurance data security; relating to mammograms;
amending Rule 26, Alaska Rules of Civil Procedure, and Rules 402
and 501, Alaska Rules of Evidence; and providing for an
effective date."
2:20:53 PM
SENATOR JAMES KAUFMAN, Alaska State Legislature, as prime
sponsor, presented CSSB 134(JUD). He shared the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
Securing sensitive personal, financial, and health
information is an essential issue for the insurance
industry. In recent years, there have been several
major data breaches involving large insurers that have
exposed and compromised the sensitive personal
information of millions of insurance consumers, which
underscores the immense need for enhanced
cybersecurity measures within the industry.
Senate Bill 134 introduces data security requirements
for insurers and empowers the Division of Insurance
with the tools necessary to effectively oversee the
protection of Alaskans' sensitive personal information
by requiring state licensed insurers and other
entities to develop, implement, and maintain an
information security program based upon a full risk
assessment.
Appropriate security measures are based upon careful,
ongoing risk assessment for internal and external
threats. Licensees are required to investigate
cybersecurity events and notify the state insurance
commissioner of such events.
Similar legislation already exists in 24 other states
and the federal government has urged states to adopt
similar measures, reflecting a nationwide recognition
of the importance of these provisions.
SB 134 also guarantees that mammography screening,
diagnostic breast examinations, and supplemental
breast examinations are covered at no cost to the
insured under applicable insurance plans.
By passing SB 134, Alaska can proactively protect its
citizens from cyber threats, enhance consumer
protections, and bolster the cybersecurity position of
the insurance industry. I urge my colleagues to join
me in supporting the security of sensitive personal
information. Thank you for your consideration.
2:23:32 PM
The committee took a brief at-ease at 2:23 p.m.
2:24:15 PM
CHAIR VANCE opened invited testimony.
2:24:42 PM
EMILY NENON, Alaska Government Relations Director, American
Cancer Society Cancer Action Network, Inc, gave invited
testimony during the hearing on CSSB 134(JUD). She said she was
testifying to the new piece of the bill, which would remove the
patient's cost for receiving follow up mammograms, diagnostic
mammograms, or supplemental breast imaging. She said the bill
would set a standard for other plans to follow even though it
only applied to state regulated insurance plans. She shared an
anecdote. She said the sooner cancer can be detected, the
sooner it can be cured. She encouraged support for this
provision.
2:26:59 PM
CHAIR VANCE opened public testimony on SB 134.
2:27:46 PM
CONOR SWEENEY, Regional Manager, State Policy and Advocacy,
Susan G. Komen, testified in support of SB 134. He shared that
many patients must choose to delay or forego a medically
necessary diagnostic because they can't afford it. He said the
bill would eliminate hefty out of pocket costs and save lives.
He urged the committee to eliminate deaths from breast cancer
and support the legislation.
2:29:19 PM
KELLEY MARRE, representing self, testified in support of SB 134,
specifically the removal of the cost sharing charge for patients
undergoing additional testing. She shared an anecdote and
reiterated that people can go from an early-stage breast cancer
diagnosis to a stage four quite rapidly. She recommended
passage of SB 134.
CHAIR VANCE closed public testimony.
2:31:10 PM
REPRESENTATIVE ALLARD moved to adopt Amendment 1 to CSSB
134(JUD), labeled 33-LS0253\H.2, Wallace, 5/3/24, which read:
Page 5, lines 10 - 17:
Delete all material and insert:
"(9) require that a third-party service
provider that has access to or holds nonpublic
information notify the licensee as soon as possible
and without unreasonable delay after determining that
the third-party service provider has experienced a
cybersecurity event involving nonpublic information
associated with a consumer; for purposes of this
paragraph, encrypted nonpublic information is
considered accessible to or held by the third-party
service provider if the associated protective process
or key necessary to assign meaning to the nonpublic
information is within the possession of the third-
party service provider;"
Page 15, line 2, following "of":
Insert "electronic"
Page 15, line 4, following "of":
Insert "electronic"
Page 15, line 14, following "means":
Insert "electronic"
REPRESENTATIVE GRAY objected.
2:31:23 PM
SENATOR KAUFMAN explained Amendment 1, which would add the word
"electronic" back into the bill to clarify that it pertains to
cyber security. In addition, the notice by third parties would
be amended to align with the requirements under existing law
relating to disclosures of personal information.
2:32:01 PM
REPRESENTATIVE GRAY noted the change from notifying consumers
"no later than three days" to "as soon as possible." He
questioned the meaning of "as soon as possible."
SENATOR KAUFMAN said the industry endeavors to respond as
quickly as possible; however, it can be challenging to stay
within that time limit. He said the change is a practical
concession to the industry.
REPRESENTATIVE GRAY moved Conceptual Amendment 1 to Amendment 1.
REPRESENTATIVE ALLARD objected.
REPRESENTATIVE SUMNER objected.
2:33:17 PM
REPRESENTATIVE GRAY explained that Conceptual Amendment 1 would
remove the words "and without unreasonable delay" and insert
"within five business days". He reasoned that if his banking
information were stolen, he would want to be informed within one
week.
2:34:23 PM
REPRESENTATIVE GROH asked for the director's opinion on the
proposed amendments.
REPRESENTATIVE SUMNER speculated that third party service
providers may not have the patients' contact information on hand
and may not be able to obtain it within five days.
2:35:43 PM
LORI WING-HEIER, Director, Division of Insurance, Department of
Commerce, Community, and Economic Development (DCCED), explained
that Amendment 1 was written for companies that use vendors, and
in many cases, these vendors have just as much information as
the insurance company. The amendment was drafted because
Senator Kiehl believed that the vendors should notify the
insurance company of a data breach. She opined that providing a
timeframe would be better than "as soon as possible." After
being notified by a third-party service provider, the insurance
company has three days to notify Ms. Wing-Heier of the data
breach in order to inform consumers.
2:36:45 PM
REPRESENTATIVE ALLARD opined that leaving the timeframe wide
open could lead to problems.
SENATOR KAUFMAN agreed that it's beneficial to shorten the
timeframe; however, it could lead to management challenges. He
said he would go with the will of the committee.
2:37:53 PM
SENATOR KAUFMAN cautioned the committee against creating a
compliance trap for vendors. He suggested that 10 days might
suffice.
MS. WING-HEIER said 10 days would still be better than "as soon
as possible."
2:38:54 PM
REPRESENTATIVE GRAY withdrew Conceptual Amendment 1 to Amendment
1. He moved Conceptual Amendment 2 to Amendment 1, which would
remove the words "and without unreasonable delay" and insert
"and not later than 10 business days" on lines 3 and 4.
REPRESENTATIVE ALLARD objected for purposes of discussion.
MS. WING HEIER clarified that insurance statutes use "working
days" not "business days." She recommended that the language
remain consistent with current statutes.
REPRESENTATIVE GRAY withdrew Conceptual Amendment 2 to Amendment
1. He moved Conceptual Amendment 3 to Amendment 1, which would
remove the words "and without unreasonable delay" and insert
"and not later than 10 working days" on lines 3 and 4.
REPRESENTATIVE ALLARD objected for purposes of discussion.
2:40:12 PM
REPRESENTATIVE SUMNER voiced his support for Conceptual
Amendment 3 to Amendment 1.
REPRESENTATIVE ALLARD removed her objection. There being no
further objection, Conceptual Amendment 3 to Amendment 1 was
adopted.
2:40:36 PM
The committee took a brief at-ease at 2:40 p.m.
2:41:06 PM
REPRESENTATIVE ALLARD removed her objection to Amendment 1, as
amended. There being no further objection, Amendment 1, as
amended, was adopted.
2:41:27 PM
REPRESENTATIVE GROH said he would not be offering Amendment 2.
He moved Amendment 3 to CSSB 134(JUD), labeled 33-LS0253\H.6,
Wallace, 5/3/24, which read:
Page 7, line 3:
Delete "written statement"
Insert "report"
Page 7, line 4:
Delete "certifying"
Insert "demonstrating"
Page 7, line 7:
Delete "written statement"
Insert "report"
Page 7, line 8:
Delete "written statement"
Insert "report"
REPRESENTATIVE ALLARD objected.
2:41:40 PM
REPRESENTATIVE GROH addressed Amendment 2, saying that by
changing the language from "certifying" to "demonstrating," the
agency would first lay out their evidence and the Division of
Insurance would be responsible for checking for compliance with
the law. He asked Ms. Wing-Heier for her views on this matter.
MS. WING-HEIER opined that the changes in Amendment 2 would not
make a big difference.
2:43:01 PM
REPRESENTATIVE SUMNER questioned whether certifying compliance
with state statute would hold more weight than demonstrating
compliance. If there were an omission, he asked whether
"demonstrating" would result in less liability.
MS. WING-HEIER agreed that certifying one's compliance with the
statute would be a higher level of assurance.
2:44:04 PM
REPRESENTATIVE GRAY asked whether a lower standard word than
"certifying" should be used.
REPRESENTATIVE GROH questioned whether certification would
provide a greater level of protection.
MS. WING-HEIER answered yes, certifying is a much higher
standard than documenting.
REPRESENTATIVE GROH sought to confirm that certifying is a
better process for the consumer and the state.
MS. WING-HEIER answered yes.
REPRESENTATIVE GROH withdrew Amendment 3. He said he would not
be offering Amendment 4.
2:45:52 PM
REPRESENTATIVE GROH moved to adopt Amendment 5 to CSSB 134(JUD),
labeled 33-LS0253\H.10, Wallace, 5/3/24, which read:
Page 8, line 15:
Delete "at the"
Insert "within 90 days of a"
REPRESENTATIVE ALLARD objected.
2:46:01 PM
REPRESENTATIVE GROH explained that Amendment 5 would create a
reliable timeframe and move the state forward in terms of when
the records are produced.
REPRESENTATIVE SUMNER said he could see value in Amendment 5 and
asked to hear from Ms. Wing-Heier.
REPRESENTATIVE ALLARD said she would not support Amendment 5.
2:49:07 PM
REPRESENTATIVE GRAY opined that 90 days is too long. If the
division is maintaining records at all times, he suggested that
the time period should be shorter.
MS. WING-HEIER said "at least five years" complies with record
retention requirements in statute. She agreed that 90 days is a
long time.
REPRESENTATIVE GROH maintained his belief that a time period
would be useful.
MS. WING-HEIER explained that when record requests are made, the
divisions provides a two-week time period for the insurance
company to supply the requested information or explain why the
data cannot be provided for further investigation or
examination.
2:51:50 PM
REPRESENTATIVE GROH asked whether the director could suggest
alternative language.
MS. WING-HEIER opined that the bill is written in a way that
works for consumers and efficiency.
REPRESENTATIVE GROH withdrew Amendment 5.
2:52:26 PM
REPRESENTATIVE GROH moved to adopt Amendment 6 to CSSB 134(JUD),
labeled 33-LS0253\H.11, Wallace, 5/3/24, which read:
Page 14, line 3:
Delete "Enforcement"
Insert "Review; enforcement"
Following "penalties.":
Insert "(a) The director shall review the risk
assessment and information security program of a
licensee to make recommendations for compliance with
AS 21.23.250 or 21.23.260. If there is a cybersecurity
event, the director shall consider any previous
recommendations made under this section and the
written statement provided under AS 21.23.260(f) in
assessing a penalty under this section."
Reletter the following subsections accordingly.
Page 14, line 4:
Delete "may"
Insert "shall"
Page 14, line 8:
Delete "may"
Insert "shall"
REPRESENTATIVE ALLARD objected.
2:52:30 PM
REPRESENTATIVE GROH explained that Amendment 6 would allow the
division to offer constructive feedback, which would ensure that
all parties are working together to protect consumer data.
MS. WING-HEIER shared her knowledge of company audits and
examinations. She said if a company has not complied in an
audit, the division asks them to be more careful. If the
company fails to comply again, fines and penalties are levied
because consumers are not being given notice to make a choice.
She said the division goes from "being nice" to being the
regulator to enforce statutory rules and regulations.
REPRESENTATIVE GROH asked the director to talk more explicitly
about what that means. He said he wanted to make sure that this
important area of the law is being done the right way.
MS. WING-HEIER said the current law allows the division to
perform examinations and investigations. If there were a data
breach, she said she would open up an investigation that would
involve her four investigators and possibly the FBI and the U.S.
Department of Justice (USDOJ). She opined that the current bill
language gives the Division of Insurance what it needs, adding
that the division spent over two years vetting the legislation
with industry, regulators, and the National Conference of
Insurance Legislators (NCOIL).
REPRESENTATIVE GROH withdrew Amendment 6.
2:57:36 PM
CHAIR VANCE sought final comments on CSSB 134(JUD), as amended.
2:57:56 PM
SENATOR KAUFMAN said the bill carries important improvements to
data security, and with the inclusion of the mammography
language, it could bring some important things to Alaska.
REPRESENTATIVE SUMNER asked to hear from Ms. Meade about the
indirect court rule amendments.
2:58:45 PM
NANCY MEADE, General Counsel, Alaska Court System, said the
notation in Section 4 of the bill is normal and not problematic
from the court's perspective.
2:59:48 PM
The committee took an at-ease from 2:59 p.m. to 3:01 p.m.
3:01:10 PM
REPRESENTATIVE ALLARD moved to rescind action on Amendment 1, as
amended. There being no objection, it was so ordered.
3:01:44 PM
REPRESENTATIVE GRAY moved to rescind action on Conceptual
Amendment 3 to Amendment 1. There being no objection, it was so
ordered.
REPRESENTATIVE GRAY moved Conceptual Amendment 4 to Amendment 1
to remove the words "and without unreasonable delay" and insert
"and not later than 10 business days". There being no
objection, Conceptual Amendment 4 to Amendment 1 was adopted.
CHAIR VANCE announced that Amendment 1, as amended, was adopted.
3:02:51 PM
REPRESENTATIVE ALLARD moved to report CSSB 134(JUD), as amended,
out of committee with individual recommendations and the
accompanying fiscal notes.
REPRESENTATIVE GROH objected for the purpose of discussion. He
thanked the commissioner and removed his objection. There being
no further objection, HCS CSSB 134(JUD) was reported from the
House Judiciary Standing Committee.
3:03:57 PM
The committee took an at-ease from 3:03 p.m. to 3:05 p.m.
HB 105-SEX/REPRODUCTION EDUCATION; SCHOOLS
3:05:17 PM
CHAIR VANCE announced that the order of business would be HOUSE
BILL NO. 105, "An Act relating to parental rights in a child's
education; relating to access to school records; relating to sex
education, human reproduction education, and human sexuality
education; relating to school disciplinary and safety programs;
and providing for an effective date." [Before the committee,
adopted as the working document on 4/15/24 and reported from
committee 4/17/24, was the proposed committee substitute (CS)
for HB 105, Version 33-GH1072\O, Bergerud, 4/13/24 ("Version
O").]
CHAIR VANCE noted that a previous zero fiscal note was
inadvertently left out when the bill was reported from
committee. She said her intention was to rescind action and
move the bill out of committee with this correction.
3:05:41 PM
REPRESENTATIVE ALLARD moved to rescind the committee's action on
4/17/24 in reporting CSHB 105(JUD) from committee.
REPRESENTATIVE GRAY objected.
3:06:39 PM
A roll call vote was taken. Representatives C. Johnson, Sumner,
Allard, and Carpenter voted in favor of rescinding the
committee's action on 4/17/24. Representatives Gray and Groh
voted against it. Therefore, the motion to report CSHB 105(JUD)
from committee was rescinded by a vote of 4-2.
3:07:16 PM
REPRESENTATIVE ALLARD moved to report CSHB 105, Version 33-
GH1072\O, Bergerud, 4/13/24, out of committee with individual
recommendations and the accompanying fiscal notes.
REPRESENTATIVE GRAY objected.
3:07:33 PM
A roll call vote was taken. Representatives C. Johnson, Allard,
and Vance voted in favor of reporting CSHB 105(JUD) from
committee. Representatives Sumner, Gray, and Groh voted against
it. Therefore, the motion failed by a vote of 3-3.
3:08:12 PM
The committee took a brief at-ease at 3:08 p.m.
3:09:48 PM
REPRESENTATIVE SUMNER moved to rescind the committee's action in
failing to report CSHB 105(JUD) from committee.
REPRESENTATIVE GRAY objected.
3:10:02 PM
A roll call vote was taken. Representatives Allard, C. Johnson,
Sumner, and Vance voted in favor of rescinding the committee's
action on CSHB 105(JUD). Representatives Gray and Groh voted
against it. Therefore, the motion was rescinded by a vote of 4-
2.
3:10:35 PM
REPRESENTATIVE ALLARD moved to report CSHB 105, Version 33-
GH1072\O, Bergerud, 4/13/24, out of committee with individual
recommendations and the accompanying fiscal notes.
REPRESENTATIVE GRAY objected.
3:10:58 PM
The committee took a brief at-ease at 3:10 p.m.
3:11:27 PM
A roll call vote was taken. Representatives Allard, C. Johnson,
Sumner, and Vance voted in favor of reporting CSHB 105(JUD) from
committee. Representatives Groh and Gray voted against it.
Therefore, CSHB 105(JUD) was reported out of the House Judiciary
Standing Committee by a vote of 4-2.
HB 107-CRIMINAL LAW DEFINITIONS PERSON/LIFE
3:11:56 PM
CHAIR VANCE announced that the final order of business would be
HOUSE BILL NO. 107, "An Act relating to criminal law
definitions." [Before the committee, adopted as the working
document on 3/20/24 and reported from committee 5/1/24, was the
proposed committee substitute (CS) for HB 107, Version 33-
LS0482\U, C. Radford, 3/19/24 ("Version U").]
CHAIR VANCE noted that a previous fiscal note was inadvertently
left out when the bill was reported from committee.
3:12:10 PM
REPRESENTATIVE ALLARD moved to rescind the committee's action on
5/1/24 in reporting CSHB 105(JUD) from committee.
REPRESENTATIVE GRAY objected.
3:12:27 PM
A roll call vote was taken. Representatives Allard, C. Johnson,
Sumner, and Vance voted in favor of rescinding the committee's
action on 5/1/24. Representatives Gray and Groh voted against
it. Therefore, the motion to report CSHB 107(JUD) from
committee was rescinded by a vote of 4-2.
3:13:04 PM
REPRESENTATIVE ALLARD moved to report moved to report CSHB 107,
Version 33-LS0482\U, C. Radford, 3/19/24, out of committee with
individual recommendations and the accompanying fiscal notes.
REPRESENTATIVE GRAY objected.
3:13:18 PM
A roll call vote was taken. Representatives Sumner, Allard, C.
Johnson, and Vance voted in favor of reporting CSHB 107(JUD)
from committee. Representatives Gray and Groh voted against it.
Therefore, CSHB 107(JUD) was reported out of the House Judiciary
Standing Committee by a vote of 4-2.
3:14:01 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:14 p.m.