03/07/2018 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB124 | |
| SB109 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 109 | TELECONFERENCED | |
| + | SB 124 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 7, 2018
1:33 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Pete Kelly
Senator Bill Wielechowski
Senator Click Bishop
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 124
"An Act relating to the duties of physicians and health care
practitioners when performing or inducing abortions; providing
that a child removed from a pregnant woman's womb alive after an
abortion may be surrendered and found to be a child in need of
aid; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 109
"An Act relating to background investigation requirements for
state employees whose job duties require access to certain
federal tax information; relating to persons under contract with
the state with access to certain federal tax information;
establishing state personnel procedures required for employee
access to certain federal tax information; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 124
SHORT TITLE: ABORTION PROCEDURES; CHILD SURRENDER
SPONSOR(s): SENATOR(s) GIESSEL
01/16/18 (S) PREFILE RELEASED 1/8/18
01/16/18 (S) READ THE FIRST TIME - REFERRALS
01/16/18 (S) HSS, JUD
02/19/18 (S) HSS AT 1:30 PM BUTROVICH 205
02/19/18 (S) Moved SB 124 Out of Committee
02/19/18 (S) MINUTE(HSS)
02/21/18 (S) HSS RPT 1DP 1DNP 3NR
02/21/18 (S) NR: WILSON, VON IMHOF, MICCICHE
02/21/18 (S) DP: GIESSEL
02/21/18 (S) DNP: BEGICH
02/21/18 (S) FIN REFERRAL ADDED AFTER JUD
03/07/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 109
SHORT TITLE: CRIM HIST CHECK: ST EMPLOYEES/CONTRACTORS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
04/07/17 (S) READ THE FIRST TIME - REFERRALS
04/07/17 (S) JUD, FIN
03/07/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR CATHY GIESSEL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 124.
KARI NORE, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Delivered the sectional analysis for SB 124,
version U:
GENEVIEVE WOJTUSIK, Legislative Liaison
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Introduced SB 109 on behalf of the
administration.
CAROL BEECHER, Director
Division of Child Support Services
Department of Revenue (DOR)
POSITION STATEMENT: Answered questions related to SB 109.
ERIC GAFFNEY, Records and Licensing Supervisor
Criminal Records Identification Bureau
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 109.
BRANDON SPANOS, Deputy Director
Tax Division
Department of Revenue (DOR)
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 109.
ACTION NARRATIVE
1:33:16 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Present at the call to
order were Senators Costello, Bishop, Kelly, Wielechowski, and
Chair Coghill.
SB 124-ABORTION PROCEDURES; CHILD SURRENDER
1:34:21 PM
CHAIR COGHILL announced the consideration of SB 124.
1:36:04 PM
SENATOR CATHY GIESSEL, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 124, said the purpose of this legislation is to
give babies the opportunity to be born alive. The bill lays out
the following guidelines:
When performing or inducing an abortion the physician
shall use the method that provides the best
opportunity for the unborn child to survive.
A child born alive as a result of an abortion shall
receive the same degree of professional skill, care
and diligence to preserve the life and health of the
child as a child born in the course of natural birth
at the same fetal age.
A child born alive as a result of an abortion may be
surrendered to a physician or an employee of the
hospital or facility where the abortion is performed.
A child born alive as a result of an abortion is
considered to be a child in need of aid if the parent
is unwilling or unable to care for the child.
This bill applies to all abortions performed or
induced after the effective date. u This bill take
effect immediately.
This bill take effect immediately.
SENATOR GIESSEL said in Roe v. Wade, 410 U.S. 113 (1973) the
Supreme Court maintained that the state has an interest in
protecting the life of a fetus after viability. That is the
point at which the fetus is capable of living outside the womb.
She said the protection of fetal life after viability has
biological justifications and may proscribe abortion during the
period of viability, except when necessary to preserve the life
and health of the mother.
SENATOR GIESSEL referenced Planned Parenthood of Central
Missouri v. Danforth, 428 U.S. 52, 63(1976), 410 U. S., at 160,
163. That court upheld the definition of viability in Roe. It
signifies the point at which the fetus is "potentially able to
live outside the mother's womb, albeit with artificial aid," and
presumably capable of "meaningful life outside the mother's
womb,".
She also referenced Whitner v. State of South Carolina, 328 S.C.
1, 7-8 (S.C.1997) that addressed the issue of when a fetus is
entitled to protection. That court held that a viable fetus was
a "person" for the purposes of the Children's Code in South
Carolina.
1:39:38 PM
SENATOR GIESSEL summarized some of the sentinel events in the
development of a fetus. Week 5: vital organs form; week 8:
eyelids form; week 6: brain waves detected; week 9; sucking
thumb and yawning.
She continued to describe fetal development:
Fetal development 14 weeks after conception.
Finger Pads -2nd and 3rd months of pregnancy. 3rd and
4th months - the buckling and folding of this skin
layer is partially responsible for the unique stresses
in fingertip pads. Ridges, the faint lines on
fingertips that are the foundation of finger prints
start developing around this time.
SENATOR GIESSEL advised that at this stage of development,
removing the fetus from the uterus requires dilation and
evacuation. She said the new term for this procedure is
dismemberment.
Fetal development 23 weeks after conception.
By six months of age fingerprints and footprints are
fully developed. Three main patterns have developed
from the ridges (arches, loops, whorls). These
patterns on the fingertips, palms and soles are used
to grasp things.
SENATOR GIESSEL said it's been documented that by 20 weeks a
fetus feels pain. At 24 weeks there is response to sound. She
noted that in Alaska abortion is allowed at this stage.
Fetal development 27 weeks after conception:
Baby's eyelids can partially open and eyelashes have
formed. The central nervous system can direct rhythmic
breathing movements and control body temperature.
Fetal development 31 weeks after conception:
Baby's eyes can open wide. Red blood cells are forming
in your baby's bone marrow. Baby's toenails are
visible.
SENATOR GIESSEL said a baby would be considered term approaching
37 weeks. She noted that in Alaska an abortion could be
performed at this stage.
SENATOR GIESSEL said the concept of SB 124 is that babies would
have the best opportunity to survive at the age of viability.
She made the following points:
· In the second trimester, 96 percent of abortion procedures
are dilatation and evacuation. This is also called
dismemberment.
· The Centers for Disease Control reports, in 2014 that 9
percent of all abortions are performed on these very
developed babies.
· In the U.S. about 100,000 babies each year are aborted
using the D&E procedure.
SENATOR GIESSEL discussed the following points regarding the
dismemberment procedure.
· It is never medically necessary to preserve the life of the
mother in acute medical emergencies.
· Dilation of the cervix takes at least 36 hours
· It is often guided by ultrasound, forceps grip each
extremity and tears it off.
· The head must be crushed to remove it.
1:45:45 PM
SENATOR GIESSEL discussed survival rate estimates at different
gestational ages. At 23 weeks or less, the potential survival
rate is about 35 percent. The estimates rise as gestational age
increases.
She displayed data to show that other states and countries limit
the age after which an abortion may be performed. Multiple
states identify 20 weeks as the limit and 20 states ban an
abortion once there is viability. She said the bill takes that
into account and requires the doctor to deliver a viable baby
with the best chance of survival.
SENATOR GIESSEL said some people oppose the bill because they
don't believe it would make a meaningful difference. She's heard
the argument that it would only save 2-3 lives in Alaska. She
maintained that vastly underestimates the impact and pointed out
that every life matters.
She displayed pictures of Alaskan children who have Downs
Syndrome and noted that in Iceland pregnant women are tested for
this genetic disorder. Parents of children with this genetic
disorder are told they will be responsible for the medical and
special education costs for their child. She said the test is
only 85 percent accurate and she suspects many children without
Downs Syndrome are aborted.
1:50:01 PM
SENATOR GIESSEL noted that Oskar Schindler received a ring at a
reunion with Jewish people whose lives he saved. It was
inscribed with a quote from the Talmud that said, "…whoever
saves a life, it is considered as if he saved an entire world."
She said that's what this bill is about.
She cited a recent poll in which 76 percent said that abortion
should be limited after the end of the first trimester. To the
question of whether abortion should be prohibited for genetic
issues, 64 percent agreed. She maintained that the bill is in
keeping with the sentiments of Americans. Eight states have
identified 20 weeks as the cutoff for abortion and challenges
have been raised in six of those states. She said SB 124 is
modeled after the federal bill that failed to pass the Senate
last month. The only difference is that this bill does not
identify the age of viability and it does not provide a penalty.
She advised that she would not oppose adding those things to the
bill.
1:52:32 PM
SENATOR KELLY asked her to clarify that nothing in the bill
encourages abortions for genetic disorders such as Downs
Syndrome.
SENATOR GIESSEL said she called out Iceland to demonstrate how
far an abortion mandate can go. She added, "These are productive
individuals and absolutely should be given the opportunity to be
born alive."
1:53:42 PM
SENATOR WIELECHOWSKI said his research shows that the earliest a
premature baby can survive is 21 weeks and 4 or 5 days. He asked
if she agrees.
SENATOR GIESSEL replied that is approximately correct at present
but technology is always improving, which is why the bill
doesn't identify an age of viability.
SENATOR WIELECHOWSKI directed attention to the DHSS 2016 Induced
Termination of Pregnancy Statistics publication that her office
provided. On page 6 it says that 99.5 percent of induced
terminations in Alaska were performed at 13 weeks or less
gestational age. He asked if she had any reason to dispute that.
SENATOR GIESSEL said no.
CHAIR COGHILL said this is an issue that is near and dear to his
heart and he appreciates the sponsor bringing it forward.
Abortion is a question that is discussed as a moral issue, a
legal issue, and a political issue but it's really a child
issue. Roe v. Wade made it a legal issue and people like himself
are trying to value a life under the rule of law in the best way
possible. People who are very, very prolife don't believe this
bill goes far enough. It preserves the woman's right and still
gives the child a chance to be treated well.
He asked Ms. Nore to go through the sectional analysis.
1:57:25 PM
KARI NORE, Staff, Senator Cathy Giessel, Alaska State
Legislature Juneau, Alaska provided the following sectional
analysis for SB 124, version U:
Section 1: Amends AS 18.16.010 by adding new
subsections to provide for a physician to use the
method of terminating the pregnancy that best provides
for the unborn child to survive outside the mother's
womb. It requires health practitioners present at the
procedure to exercise the same degree of professional
practice and diligence to preserve the life of the
viable child born as would be provided to a child born
through the course of natural birth. Provides
definitions for "alive," "clinical judgment,"
"fertilization," and "fetal age."
Section 2: Amends AS 18.16 by adding a new section
that would allow a parent of a child born alive during
the process of an abortion to surrender the child to a
physician or employee of the hospital. The person to
whom the child had been surrendered will notify the
Department of Health and Social Services as required
under AS 47.10.013(d).
Section 3: Amends AS 47.10.011 and adds a provision in
the Child in Need of Aid (CINA) statue to include a
child born alive during the termination of a pregnancy
whose parent is unwilling or unable to care for the
infant.
Section 4: Adds an applicability provision that states
that AS 18.16.010(k)-(m), added by Sec. 1, AS
18.16.012, added by Sec. 2, and AS 47.10.011, as
amended by Sec. 3 apply to abortions performed or
induced on or after the effective dates of those
sections.
Section 5: Provides for an immediate effective date
for this Act
1:59:25 PM
SENATOR WIELECHOWSKI referenced the language in Section 1 and
asked which methods of abortion allow for a child to survive.
SENATOR GIESSEL said that would be an induced delivery.
SENATOR WIELECHOWSKI asked if a hysterotomy (c section) is a
safer method of abortion.
SENATOR GIESSEL said yes, and if it's a question of saving the
mother's life, a c section would be done.
SENATOR WIELECHOWSKI asked if a c section is major surgery.
SENATOR GIESSEL replied some regard it as that but it's become
rather minimal surgery.
SENATOR WIELECHOWSKI said the information he's seen indicates a
woman who has had a c section stays in the hospital 2-3 days and
is recommended to stay off work for six weeks. He asked if she
agreed.
SENATOR GIESSEL said it depends on the woman and her fundamental
health.
CHAIR COGHILL said his daughter had twins with a c section and
she had two days of rest with the twins and then she went back
to work.
SENATOR WIELECHOWSKI referenced a document from the Mayo Clinic
that said, "After a c section you face a higher risk of
potentially serious complications in a subsequent pregnancy,
including problems with the placenta." He asked if she would
agree with that statement.
SENATOR GIESSEL replied a phenomenal number of c sections are
done in this country. It's become a very common way to deliver
babies and it's an overstatement to say it jeopardizes future
pregnancies or the life of the mother.
SENATOR WIELECHOWSKI responded that it's a direct quote from the
Mayo Clinic. Noting that 21 weeks and 4 days was the earliest a
premature baby has survived, he asked how many abortions in
Alaska in the last five years were done after 21 weeks.
SENATOR GIESSEL replied those numbers are on page 11 of the DHSS
2016 Induced Termination of Pregnancy Statistics publication.
She directed attention to the category of "Not Stated" which
could mean those not wanting to admit the age of the child at
the time of the abortion.
SENATOR WIELECHOWSKI asked if she agrees that in 2016 there were
zero abortions at 21-24 weeks.
SENATOR GIESSEL agreed and pointed out that four were in the
"Not Stated" category and two are in the 17 to 20-week bracket.
She said technology is always improving and she believes that
every life is worth saving.
SENATOR WIELECHOWSKI noted that the lowest recorded age for a
surviving fetus in the world is 21 weeks. He asked if a
physician would be required to perform a different type of
abortion procedure on fetuses under 21 weeks.
CHAIR COGHILL requested he share the document with world
statistics with the committee. He asked him to restate the
question.
SENATOR WIELECHOWSKI said a baby born May 20, 1987 at 21 weeks
and five days was the earliest premature baby in the world. A
more recent document said a baby was born at 21 weeks and four
days. If the bill passes, he asked if physicians would have to
perform induced labor or a hysterotomy if the gestational age is
younger than 21 weeks and four days.
SENATOR GIESSEL replied it is left to the professional judgement
of the physician. She added that because gestational age is
often incorrect, it's not advisable to set a specific date in
these situations.
CHAIR COGHILL asked if ultrasound or other technology helps to
determine gestational age.
SENATOR GIESSEL confirmed that ultrasounds are very helpful in
determining gestational age and viability.
SENATOR WIELECHOWSKI noted that since 1999, 0.5 percent of
abortions are done at 13 weeks or earlier. He asked if it's
possible to induce labor or perform a hysterotomy that would
save the life of a child at 13 weeks gestational age.
SENATOR GIESSEL said the bill doesn't limit the age because
technology advances may make that possible at some point.
SENATOR COGHILL commented on technologic advances in other areas
and said, "We're continually trying to figure out ways how we
guard that life."
SENATOR WIELECHOWSKI asked if it's accurate that if the
technology were to improve, any woman who wanted an abortion
would need to have a c section.
SENATOR GIESSEL replied the bill doesn't make that dramatic
statement.
SENATOR WIELECHOWSKI asked if she would agree that's the effect
of the bill.
SENATOR GIESSEL clarified that the bill says, "In the
professional judgment of the physician, if viability is likely
then the best opportunity for survival must be given to the
baby."
SENATOR WIELECHOWSKI asked if there are criminal penalties if a
physician violates the provision.
SENATOR GIESSEL said she purposely did not include that but
would welcome an amendment. The physician is required to use
their ethical and professional judgment.
2:11:42 PM
SENATOR WIELECHOWSKI directed attention to page 2 lines 5-7,
that defines "alive." He asked if "spontaneous respiratory or
cardiac function or pulsation of the umbilical cord means after
removal from the womb.
SENATOR GIESSEL said yes.
SENATOR WIELECHOWSKI said he assumes pulsation of the umbilical
cord happens very early on.
SENATOR GIESSEL said pulsation of the umbilical cord indicates
the circulatory system is functioning.
CHAIR COGHILL said if he were to look at accountability he'd
start with the reporting. He opined that based on the 2016
report, the DHSS fiscal note will be easy to challenge.
SENATOR WIELECHOWSKI directed attention to the definitions of
induced termination procedures in Appendix A on page 18 and 19
of the DHSS 2016 report. Noting that she said that induced labor
and a hysterotomy provided the best opportunity for the unborn
child to survive, he asked which of the procedures would be
induced labor.
SENATOR GIESSEL said none of the listed procedures would result
in a live birth. "There's no way that induced delivery, induced
labor would be listed here. It's not a way to kill the baby."
2:16:58 PM
SENATOR WIELECHOWSKI read the language on page 1, lines 7-9. He
said if induced labor isn't a method of terminating the
pregnancy, that leaves a hysterotomy or c section. Should the
bill pass, every woman in Alaska who wants an abortion would be
required to get a c section if the physician determines that is
the best way to save the child. He asked if she agreed with his
reading.
SENATOR GIESSEL said she was somewhat tempted to suggest he was
practicing medicine without a license. She said the normal way a
pregnancy is terminated is with the delivery of the baby. The
methods listed on page 18 of the report are induced termination
procedures that do not result in a live birth.
SENATOR WIELECHOWSKI said he didn't have any medical expertise
but the language in Section 1 seems to leave a woman who wants
to terminate a pregnancy with the only option of having a c
section.
SENATOR KELLY read the definition of "Induced Termination of
Pregnancy" on page 18 of the report and said he didn't think it
followed that the woman would have to have a c section.
CHAIR COGHILL added that termination of pregnancy that results
in a live birth would be added to the statutes if the bill were
to pass.
2:20:03 PM
SENATOR GIESSEL said the subject of c section came up because it
is a method of terminating a pregnancy that would be employed if
it were an emergency procedure to save the mother's life. A D&E
is not an emergency procedure because it takes at least 36 hours
to dilate the cervix.
SENATOR WIELECHOWSKI asked for confirmation that the bill
doesn't seek to ban D&Es.
SENATOR GIESSEL replied it is a procedure called dismemberment.
SENATOR WIELECHOWSKI asked if she was seeking to ban the
procedure.
SENATOR GIESSEL responded that the procedure involves dilating
the cervix and entering it with a tool that grasps and
dismembers pieces of babies.
CHAIR COGHILL said that for some people, the controversy is
there should never be any dismemberment. Not at at any stage. He
agrees with that viewpoint. The bill maintains the mother's
right to terminate the pregnancy and directs the physician to
use their clinical judgment and use the procedure that provides
the best opportunity for the unborn child to survive. The
question of viability rests with the physician.
SENATOR GIESSEL confirmed that viability is the basis of the
bill.
CHAIR COGHILL thanked the sponsor for the introduction. His
intention is to take public testimony Monday, consider
amendments on Wednesday, and move the bill either Wednesday or
Friday.
2:23:10 PM
CHAIR COGHILL held SB 124 in committee.
2:23:14 PM
At ease
SB 109-CRIM HIST CHECK: ST EMPLOYEES/CONTRACTORS
2:30:24 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of SB 109.
2:31:26 PM
GENEVIEVE WOJTUSIK, Legislative Liaison, Department of Revenue,
Juneau, Alaska, said SB 109 relates to background checks of
state employees. The September 30, 2016 Internal Revenue Service
(IRS) publication 1075 has new guidelines that requires
individuals who have access to federal data to undergo a
background check. The state is not in compliance with the
fingerprinting requirement in that publication.
She provided the following sectional analysis for SB 109:
Section 1 Amends AS 12.62.400 by adding a new
subsection. This will require an agency to submit the
fingerprints of current or prospective employees or
contractors whose job duties require access to federal
tax information (defined in AS 39.55.015(e)(3) and
36.30.960(d)(3)) to the Department of Public Safety
for submission to the Federal Bureau of Investigation
to obtain a criminal history record. Defines "agency",
"employee" and "contractor".
Section 2 Amends AS 36.30 by adding a new section.
This section establishes state personnel procedures
for obtaining and submitting fingerprints for current
or prospective contractors if a contract with the
state requires access to federal tax information.
Defines "agency", "contractor" and "federal tax
information".
Section 3 Amends AS 39 by adding a new chapter. This
new chapter addresses state personnel procedures
related to federal tax information.
Adds AS 39.55.010
This section explains the purpose of the chapter-- to
establish procedures to safeguard federal tax
information which will apply to a current or
prospective state employee whose job duties require
access to federal tax information.
Adds AS 39.55.015
This section requires current and prospective state
employees whose job duties require access to federal
tax information to provide information to an agency
for a state and national criminal history record
check. Defines "agency", "employee", "federal tax
information", "return", and "return information".
Section 4 Provides the effective date of July 1, 2017.
MS. WOJTUSIK noted that the effective date will need to be
amended to 2018.
2:34:24 PM
CHAIR COGHILL asked what happened at the federal level that
elicited this requirement.
MS. WOJTUSIK said it came about in a routine review.
SENATOR BISHOP asked if an employee who did not want to be
fingerprinted would have the option of being reassigned to a
different division or department.
MS. WOJTUSIK said that hasn't come up. All the employees in the
Tax Division and the Child Support Services Division of the
Department of Revenue (DOR) have already had background checks.
They receive federal data so they also need to be fingerprinted.
SENATOR BISHOP said he understands that but wonders if they
could transfer to a division that doesn't have that requirement.
SENATOR WIELECHOWSKI asked if there is any other heightened
scrutiny that employees could go through if they objected to
giving their fingerprint information.
MS. WOJTUSIK said the FBI said that fingerprints are needed as
part of a full background check. They did not offer any
alternative.
CHAIR COGHILL said he'd asked the individuals who were online.
2:37:31 PM
CAROL BEECHER, Director, Child Support Services Division,
Department of Revenue (DOR), said her understanding from reading
Publication 1075 is that there is no other option.
CHAIR COGHILL asked if any employees objected that the
requirement is too onerous.
MS. BEECHER said there has been no pushback.
SENATOR WIELECHOWSKI observed that the definition of "agency"
covers the entire executive and then some. He asked if she has
an estimate of the number of employees who would be required to
give fingerprints.
MS. WOJTUSIK said she didn't know.
CHAIR COGHILL asked Ms. Wojtusik to do some research and follow
up with the information.
MS. WOJTUSIK said DHSS is affected and 300 employees within the
Department of Revenue.
SENATOR WIELECHOWSKI said he'd like more complete numbers. He
asked what assurance Alaskans can have that their data will be
safely maintained.
2:41:00 PM
MS. BEECHER clarified that DOR doesn't receive the fingerprint
information. When DOR has a background check done, the report is
returned to the agency's Criminal Investigation Unit. She
believes that information is destroyed if it doesn't have a
nexus to the job. She offered to follow up and find out if her
understanding is correct.
CHAIR COGHILL asked Senator Wielechowski to clarify his question
for Mr. Gaffney.
SENATOR WIELECHOWSKI asked what kind of safety protections there
are and what the plans are for the fingerprints after they are
collected.
2:42:56 PM
ERIC GAFFNEY, Records and Licensing Supervisor, Criminal Records
Identification Bureau, Department of Public Safety, Anchorage,
Alaska, explained that the fingerprints would be placed in the
archive that is maintained by the state for other civil and
criminal fingerprint submissions. Alaska is a member of the
Western Identification Network with other Western states and
criminal justice agencies in those states can access that
archive. The prints would also be conveyed to the FBI to be used
for comparison and then destroyed.
SENATOR WIELECHOWSKI asked how much it costs to obtain the
fingerprints and who would be responsible for paying.
MS. WOJTUSIK said DPS charges $47 to take the fingerprint and
the state will pay.
SENATOR WIELECHOWSKI asked if there is a fiscal note.
MS. WOJTUSIK said it's forthcoming; it's being updated from
2017.
CHAIR COGHILL updated Mr. Spanos on the discussion and asked if
the House had questions about the security of the information.
2:46:44 PM
BRANDON SPANOS, Deputy Director, Tax Division, Department of
Revenue (DOR), Juneau, Alaska, confirmed that the other body did
have concerns about the security of the information. He
explained that DOR has policies in place for security and they
take this seriously, but that isn't part of the bill.
SENATOR WIELECHOWSKI asked if other states have complied with
this requirement and what the consequences are if the bill
doesn't pass.
MR. SPANOS said the IRS has been talking about this a long time
and it has been discussed with the states. When the publication
was finalized, the new requirements were background checks and
fingerprinting. To date, 26 states have passed legislation to
allow fingerprinting and background checks, 14 states -
including Alaska - have legislation under consideration, and 8
states have no legislation pending. Some of the latter states
may be able to comply without a bill.
SENATOR WIELECHOWSKI asked if there is a deadline for complying.
MR. SPANOS said if the bill doesn't pass, the IRS will likely
have a finding on the May 2018 audit that notes that the
legislation hasn't passed. He suspects that the IRS would
eventually stop sharing federal tax information with the
division. For the Tax Division that means the loss of about $2
million a year from federal fee back audits. The division would
also lose the ability to get federal tax information on certain
taxpayers like tobacco, mining, and alcohol to use in their
audits. Child support services would lose the ability to collect
the federal refunds of taxpayers who owe child support. They
would also potentially lose the funding they receive from the
federal government, which is 66 percent of their budget.
He said he wasn't aware of a deadline to pass the legislation.
2:51:08 PM
SENATOR COSTELLO said she would like to look at the form an
individual would fill out. She asked if the form asks for a
Social Security Number and what the state does with those
numbers.
MR. SPANOS said the Tax Division has slimmed the form to one and
a half pages. It requires name, age, aliases, former names,
Social Security Number, places of residence for the last 10
years, conviction dates and the classification of the crime, the
punishment, and a signature authorizing the department to run
the background check. The questionnaires go to the Criminal
Investigation Unit to run the background check and the results
come back they give the division a clean sheet that says the
person passed the background check or that there were concerns
due to crimes of dishonesty. The division would review those to
determine whether they would retain or potentially hire or not
hire the prospective employee. The division keeps a record that
the background check was run but the results are retained by the
Criminal Investigation Unit.
SENATOR COSTELLO asked what happens to the Social Security
Number that's on the form.
MR. SPANOS said DOR's Criminal Investigation Unit would retain
it in a locked file behind a locked and secure door.
SENATOR COSTELLO related her personal experience of having her
identity stolen. She emphasized that public servants need to be
on the lookout to protect Alaskans when they're asked to provide
this type of information.
2:55:43 PM
MR. SPANOS said the department is very concerned about privacy
and confidentiality. Forms with Social Security Numbers are
handled by very few people in the department. There is a chain
of custody and the forms are always secured under lock and key.
2:57:00 PM
SENATOR WIELECHOWSKI asked if he is aware of any state employees
misusing federal tax information.
MR. SPANOS said the Child Support Services Division terminated
several employees who were accessing information they had no
business reason to access. That information potentially had
federal tax information. He was aware of one breach of
information within the Tax Division that resulted in discipline
and termination. Other breaches were mistakes; information was
sent to the wrong email that involved state tax information, not
federal. The division has a procedure to address that.
2:58:12 PM
CHAIR COGHILL asked if the companion bill in the House is
moving.
MR. SPANOS said the intention is to take amendments and
potentially move the bill on Friday.
CHAIR COGHILL held SB 109 in committee.
2:59:04 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:59 p.m.