Legislature(2007 - 2008)BELTZ 211

02/22/2007 01:30 PM Senate LABOR & COMMERCE


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Audio Topic
01:37:00 PM Start
01:40:53 PM HJR8
01:51:35 PM Briefing: Identity Theft
02:14:07 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SJR 2 WASHINGTON CONTAINER FEE TELECONFERENCED
Scheduled But Not Heard
+ HJR 8 WASHINGTON CONTAINER FEE TELECONFERENCED
Moved CSHJR 8(L&C)am Out of Committee
+ Briefing: Identity Theft Issues TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                       February 22, 2007                                                                                        
                           1:37 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Johnny Ellis, Chair                                                                                                     
Senator Bettye Davis                                                                                                            
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gary Stevens, Vice Chair                                                                                                
Senator Con Bunde                                                                                                               
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 8(L&C) am                                                                                     
Opposing the enactment  by the Washington State  Legislature of a                                                               
bill  proposing to  impose a  fee on  the processing  of shipping                                                               
containers in  the State  of Washington  because of  the negative                                                               
impact of the fee on the people and the economy of this state.                                                                  
     MOVED CSHJR 8(L&C) am  OUT OF COMMITTEE                                                                                    
                                                                                                                                
SENATE JOINT RESOLUTION NO. 2                                                                                                   
Opposing the enactment  by the Washington State  Legislature of a                                                               
bill  proposing to  impose a  fee on  the processing  of shipping                                                               
containers in  the State  of Washington  because of  the negative                                                               
impact of the fee on the people and the economy of this state.                                                                  
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
BRIEFING: IDENTITY THEFT ISSUES                                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HJR  8                                                                                                                  
SHORT TITLE: WASHINGTON CONTAINER FEE                                                                                           
SPONSOR(s): REPRESENTATIVE(s) THOMAS                                                                                            
                                                                                                                                
02/07/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/07/07       (H)       TRA, L&C                                                                                               
02/15/07       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
02/15/07       (H)       Moved CSHJR  8(TRA) Out of Committee                                                                   
02/15/07       (H)       MINUTE(TRA)                                                                                            
02/16/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/16/07       (H)       <Bill Hearing Rescheduled to 02/19/07>                                                                 
02/19/07       (H)       TRA RPT CS(TRA) 5DP                                                                                    
02/19/07       (H)       DP: DOOGAN, JOHNSON, KOHRING, SALMON,                                                                  
                         NEUMAN                                                                                                 
02/19/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/19/07       (H)       Moved CSHJR  8(L&C) Out of Committee                                                                   
02/19/07       (H)       MINUTE(L&C)                                                                                            
02/21/07       (H)       L&C RPT CS(L&C) 6DP                                                                                    
02/21/07       (H)       DP:   BUCH,   GATTO,   RAMRAS,   NEUMAN,                                                               
                         LEDOUX, OLSON                                                                                          
02/21/07       (H)       TRANSMITTED TO (S)                                                                                     
02/21/07       (H)       VERSION: CSHJR 8(L&C) AM                                                                               
02/21/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/07       (S)       L&C                                                                                                    
02/22/07       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE BILL THOMAS                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HJR 8.                                                                                         
                                                                                                                                
EVERETT BILLINGSLY                                                                                                              
Linden Companies                                                                                                                
POSITION STATEMENT: Supported HJR 8.                                                                                          
                                                                                                                                
ED SNIFFEN, Assistant Attorney General                                                                                          
Civil Division                                                                                                                  
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT: Presented overview on state identity theft.                                                               
                                                                                                                              
GAYLE HILDEBRAND                                                                                                                
Consumer's Union                                                                                                                
POSITION STATEMENT: Commented on identity theft issues.                                                                       
                                                                                                                              
PAT LUBY, Advocacy Director                                                                                                     
AARP                                                                                                                            
POSITION STATEMENT: Commented on identity theft issues.                                                                       
                                                                                                                                
ANN SEACREST                                                                                                                    
AARP                                                                                                                            
POSITION STATEMENT: Commented on identity theft issues.                                                                       
                                                                                                                              
STEVE CLEARY, Executive Director                                                                                                
Alaska Public Interest Research Group (AKPIRG)                                                                                  
POSITION STATEMENT: Commented on identity theft issues.                                                                       
                                                                                                                              
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JOHNNY ELLIS called the  Senate Labor and Commerce Standing                                                             
Committee meeting to order at 1:37:00  PM. Present at the call to                                                             
order  were  Senators Hoffman  and  Ellis.  The chair  said  that                                                               
Senator  Davis would  arrive momentarily  and that  the committee                                                               
would not be taking up SJR 2.                                                                                                   
                                                                                                                                
            CSHJR 8(L&C) AM WASHINGTON CONTAINER FEE                                                                        
                                                                                                                              
CHAIR   ELLIS  announced   CSHJR   8(L&C)  AM   to   be  up   for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE BILL  THOMAS, sponsor of  HJR 8, related  that the                                                               
Washington legislature  has introduced  SB 5207 that  proposes to                                                               
levy a  $50 tax  on 20 ft.  vans and  a $100 tax  on 40  ft. vans                                                               
leaving from  and going into  Washington. This will  represents a                                                               
10 percent increase  in freight cost of shipping  goods to Alaska                                                               
- a $40 million to $50  million increase. He said that 97 percent                                                               
of  goods  that  come  to  Alaska come  in  container  vans  from                                                               
Washington.                                                                                                                     
                                                                                                                                
1:40:53 PM                                                                                                                    
SENATOR DAVIS arrived.                                                                                                          
                                                                                                                                
REPRESENTATIVE  THOMAS  said  that  the state  of  Washington  is                                                               
targeting  Japanese and  Chinese  exports and  Alaska freight  is                                                               
incidental.  He   hoped  to  get  this   resolution  through  the                                                               
legislature  in  time to  keep  the  bill  from being  passed  in                                                               
Washington. His district consists  of primarily fishermen and its                                                               
related   processing    facilities,   so   this   would    be   a                                                               
disproportionate increase  for them. The  cost of moving  fuel to                                                               
Interior Alaska would increase as well.                                                                                         
                                                                                                                                
He related that Alaska can take  credit for about 103,500 jobs in                                                               
Washington  and brings  in  about $4  billion  worth of  products                                                               
through its ports.                                                                                                              
                                                                                                                                
1:43:28 PM                                                                                                                    
EVERETT BILLINGSLY, Linden Companies,  said he strongly supported                                                               
HJR  8.  Linden is  also  actively  working with  the  Washington                                                               
legislature to make sure this  issue doesn't go anywhere. He said                                                               
the  goal of  the  tax was  to get  money  to improve  Washington                                                               
infrastructure  and to  tax the  large  container lines  bringing                                                               
massive quantities  of cargo in to  the US from Asia.  The impact                                                               
on  Alaska  was  an  unintended consequence.  Alaskans  have  few                                                               
alternatives  to   using  Washington   ports  and   because  most                                                               
containers  return from  Alaska empty,  the tax  will effectively                                                               
double on a typical Alaska  Marine Lines (AML) container. He said                                                               
that  last   year  Linden  Transport   and  AML   together  moved                                                               
approximately  124,000  20-foot  containers  between  Alaska  and                                                               
Washington.  This  tax would  have  resulted  in more  than  $6.2                                                               
million in additional costs for shipping customers.                                                                             
                                                                                                                                
He  also mentioned  that the  sponsor is  coordinating this  bill                                                               
with  another  one   in  California  and  that   Hawaii  is  also                                                               
considering  similar  legislation.  Last  year it  did  pass  the                                                               
California  legislature, but  Governor Schwarzenegger  vetoed it.                                                               
He might not be able to do it again.                                                                                            
                                                                                                                                
1:46:42 PM                                                                                                                    
CHAIR  ELLIS closed  the public  hearing and  pointed out  a zero                                                               
fiscal  note and  said  that no  one had  come  forward with  any                                                               
amendments.                                                                                                                     
                                                                                                                                
1:47:22 PM                                                                                                                    
SENATOR DAVIS moved  to pass CSHJR 8(L&C) am  from committee with                                                               
individual recommendations  and zero  fiscal note. There  were no                                                               
objections and it was so ordered.                                                                                               
                                                                                                                                
^BRIEFING: Identity Theft                                                                                                       
                                                                                                                                
CHAIR ELLIS announced  that the committee would next  take up the                                                               
hearing on identify theft.                                                                                                      
                                                                                                                                
ED   SNIFFEN,  Assistant   Attorney   General,  Civil   Division,                                                               
Department of Law (DOL), said  his duties include the enforcement                                                               
of  Alaska  consumer  protection   and  anti-trust  statutes.  He                                                               
related background  on identity  theft issues  in Alaska  and how                                                               
his office  deals with them. He  said that ID theft  is primarily                                                               
prosecuted under criminal statutes and,  if someone is caught, he                                                               
is sent to the Criminal  Division for prosecution. Unfortunately,                                                               
while  Alaska  doesn't have  many  of  those,  it  has a  lot  of                                                               
Alaskans being  preyed upon  by thieves  from outside  the state.                                                               
But it  is difficult to  go outside of  our borders to  catch and                                                               
prosecute these  situations. A lot  of consumers are  referred to                                                               
the  Federal  Trade  Commission   (FTC),  which  is  the  federal                                                               
authority  with the  primary  responsibility  for monitoring  and                                                               
prosecuting these things on a national level.                                                                                   
                                                                                                                                
In Alaska,  identity theft  is the  number one  reported consumer                                                               
fraud  to the  FTC in  2006. An  alarming number  of people  were                                                               
victims of identity theft and it will probably get worse.                                                                       
                                                                                                                                
MR.  SNIFFEN suggested  the state  think  about ways  to make  it                                                               
easier for  victims to undo the  harm that has been  done to them                                                               
and make it more difficult for  identify thieves to get a hold of                                                               
the types  of personal  information they need  to have  to commit                                                               
this  crime.  He related  that  Congress  has been  dealing  with                                                               
proposed national identity theft  legislation, but it hasn't made                                                               
a lot  of progress. Other  states have enacted  legislation aimed                                                               
at stopping the dissemination of personal information as well.                                                                  
                                                                                                                                
1:51:35 PM                                                                                                                    
MR. SNIFFEN acknowledged that a  way to identify people is needed                                                               
and that historically social security  numbers have been used for                                                               
that. Protecting those numbers would be  a good start to cut down                                                               
on identity theft,  but another number would need to  be used. He                                                               
urged people to  guard their personal information  and to perhaps                                                               
help victims  by making  it a  little easier  for them  to repair                                                               
their credit reports.                                                                                                           
                                                                                                                                
1:52:40 PM                                                                                                                    
MR. SNIFFEN offered to answer questions.                                                                                        
                                                                                                                                
CHAIR  ELLIS  said  he appreciated  his  commitment  to  consumer                                                               
protection over  the years and  he knows that his  department has                                                               
been under-funded. He  asked what he knew about  a large identity                                                               
theft ring around North Pole.                                                                                                   
                                                                                                                                
MR. SNIFFEN  said he  didn't know  how that  had turned  out, but                                                               
efforts are continuing to help those folks.                                                                                     
                                                                                                                                
CHAIR ELLIS asked about the  status of the federal legislation on                                                               
this issue.                                                                                                                     
                                                                                                                                
MR.  SNIFFEN  replied  that  he had  worked  on  legislation  for                                                               
Senator  Stevens,  but  he  didn't  know  what  happened  to  it.                                                               
Congress might have a proposal within a couple of years.                                                                        
                                                                                                                                
1:54:56 PM                                                                                                                    
GAYLE  HILDEBRAND, Consumer's  Union, said  the Union  is a  non-                                                               
profit organization that publishes  consumer reports. Its mission                                                               
is to test,  inform and protect and she is  with the protect part                                                               
of the  organization. She wanted  to share with  them information                                                               
about the  scope and  cost of  identify theft  and to  talk about                                                               
three approaches  in the legislation  before them that  will help                                                               
to reduce it.                                                                                                                   
                                                                                                                                
She  said between  8.4 million  and 10  million Americans  become                                                               
victimized by this  crime every year; that's 16 -  19 new victims                                                               
every  minute.  The  federal government  estimates  the  cost  to                                                               
business  and consumers  to be  about  $52 billion  a year;  more                                                               
recent industry studies  indicate about $49 billion  a year. This                                                               
doesn't  take into  account family  stress and  the social  cost.                                                               
Recent  reports out  of Oregon,  Washington and  Alberta, Canada,                                                               
link identity theft to methamphetamine use.                                                                                     
                                                                                                                                
One of the two main types of  identity theft and one that is most                                                               
difficult to  discover is new  account fraud, which  accounts for                                                               
about 30 percent  of fraud. It takes about three  times longer to                                                               
discover and  about twice as many  hours for the consumer  to fix                                                               
it. New  account fraud  involves a real  consumer's name,  a real                                                               
social  security number,  and  a fake  address  with the  thief's                                                               
address.  It  is facilitated  by  a  compromised social  security                                                               
number and  a credit  reporting system that  will okay  people as                                                               
good  credit risks  based on  essentially just  the name  and the                                                               
social security number.                                                                                                         
                                                                                                                                
The other  type of  identity theft  is existing  account identity                                                               
theft, sometimes called  account takeover. This can  range from a                                                               
simple unauthorized charge on a  person's credit card all the way                                                               
up  to a  stolen  debit card  number and  even  draining of  bank                                                               
accounts.                                                                                                                       
                                                                                                                                
1:57:04 PM                                                                                                                    
MS. HILDEBRAND said three approaches  can help reduce these forms                                                               
of  identity theft.  The first  two  are directed  to the  social                                                               
security number  and new account  frauds. Once a  social security                                                               
number (SSN)  has been stolen, 26  states make it harder  to turn                                                               
it into  cash through  a security freeze.  This doesn't  stop the                                                               
stealing of  the SSN, but  it stops  the issuance of  new credit,                                                               
new  cell phone  or whatever  based on  someone pretending  to be                                                               
you.                                                                                                                            
                                                                                                                                
She  emphasized  that  the  SSN   is  financial  front  door  for                                                               
individuals,  but  the  security  freeze   is  a  dead  bolt.  An                                                               
individual can choose to put that  extra security on his file and                                                               
the credit bureau  will give him a PIN or  password to access it.                                                               
The person uses that extra lock to use his own credit.                                                                          
                                                                                                                                
The second major area for  reducing new account identity theft is                                                               
to reduce the  proliferation of SSNs in all  records both private                                                               
and  public.  She said  the  measures  before committees  include                                                               
reduction in  the collection of SSNs  and Alaska would be  one of                                                               
the first states to do that.  It also has provisions that do many                                                               
things they  have been  recommending to  get the  SSN out  of the                                                               
mailbox,  out  of  the  wallet,  off the  Internet,  out  of  the                                                               
marketplace for sale and out of the trash can.                                                                                  
                                                                                                                                
In addition  to reducing  the collection and  sale of  SSNs, it's                                                               
important  when sensitive  information is  compromised, that  the                                                               
victim has  a chance to  find out about  it. One thing  they have                                                               
learned is  that no  matter how  careful you  are about  your own                                                               
personal mail  and records, your  information can be  stolen from                                                               
someone   else.  Many   of  the   measures   include  notice   to                                                               
constituents  that there  has been  a breach.  When a  breach has                                                               
been noticed, a  constituent can do a few things  to help protect                                                               
himself. He  can choose  to place  the freeze,  he can  choose to                                                               
exercise federal rights that are not  as strong as the freeze but                                                               
are available  now, he may choose  to change his pins  or account                                                               
numbers depending  on what was  taken and  he can choose  to read                                                               
his  statements  more carefully.  The  sooner  identity theft  is                                                               
discovered, the  better chance  a person has  of stamping  it out                                                               
with less time and less headache.                                                                                               
                                                                                                                                
2:00:39 PM                                                                                                                    
CHAIR  ELLIS clarified  that there  was  no specific  legislation                                                               
relating  to  this   issue  now,  but  some   would  probably  be                                                               
forthcoming.  He said  he  had heard  of  identity breaches  from                                                               
government sources  as well  as the private  sector and  asked if                                                               
she had a sense what proportion that would be.                                                                                  
                                                                                                                                
MS.  HILDEBRAND  replied  that  both   are  sources  as  well  as                                                               
universities,  both  public  and   private.  The  Privacy  Rights                                                               
Clearinghouse  at  privacyrights.org  maintains  a  running  list                                                               
containing a  summary of each of  the breaches over the  last two                                                               
years.  It  has  resulted  in about  109  million  records  being                                                               
compromised.  The two  largest were  the Veterans  Administration                                                               
with  26  million   records  and  the  other   was  card  systems                                                               
consisting  of 40  million  credit and  debit  card numbers.  The                                                               
problem is coming from both government and private.                                                                             
                                                                                                                                
CHAIR  ELLIS  asked  if she  was  recommending  that  legislation                                                               
should be written addressing both facets.                                                                                       
                                                                                                                                
MS. HILDEBRAND  replied yes, particularly  focusing on  notice of                                                               
breaches and standards for when an SSN can be asked for.                                                                        
                                                                                                                                
CHAIR  ELLIS asked  if any  approaches sound  good, but  are dead                                                               
ends.                                                                                                                           
                                                                                                                                
MS.  HILDEBRAND  answered yes.  When  looking  at the  notice  of                                                               
breach issue, some folks don't  want to require notice until it's                                                               
known  the breach  caused harm.  However, the  problem with  that                                                               
approach  is that  in most  cases  when there  is a  breach in  a                                                               
timely fashion no one is going to  know what the risk of harm is.                                                               
It is  a huge debate  being waged  in other states  and Congress.                                                               
She  recommends when  there isn't  enough  information about  the                                                               
breach to tell  the consumer so he can make  his own choice about                                                               
what to do.                                                                                                                     
                                                                                                                                
2:04:10 PM                                                                                                                    
CHAIR ELLIS said  California passed an identity theft  law with a                                                               
provision in it that let a  number of Alaskans know they had been                                                               
the subject  of identity theft  from a private clearing  house of                                                               
information. That spurred interest in this issue.                                                                               
                                                                                                                                
PAT LUBY,  Advocacy Director,  AARP, added  when an  older victim                                                               
suffers  from  identity theft,  research  indicates  it not  only                                                               
causes  psychological  harm, but  victims  are  prone to  have  a                                                               
higher illness rate as well. It is one of their top concerns.                                                                   
                                                                                                                                
2:06:04 PM                                                                                                                    
ANN SEACREST,  AARP, said identity  theft is the  fastest growing                                                               
crime in the  US. In October 2002, 36 percent  of the respondents                                                               
to  an  AARP survey  said  they  were extremely  concerned  about                                                               
identity  theft  as a  form  of  consumer  fraud. A  survey  from                                                               
October 2006  indicated that the number  has grown to a  total of                                                               
77 percent  - 47  percent saying  the issue  should be  given top                                                               
legislative priority and  30 percent saying it should  be given a                                                               
high priority.                                                                                                                  
                                                                                                                                
She  said  that AARP  has  joined  forces  with the  Division  of                                                               
Banking  and  Securities to  do  statewide  campaigns called  the                                                               
Alaska Campaign for Safe and  Wise Investing in 13 workshops. The                                                               
first five  have been well-attended  and she often  hears stories                                                               
from people who never thought they would be a victim.                                                                           
                                                                                                                                
She said,  "ID thieves  are equal  opportunity thieves."  When it                                                               
happens  to an  AARP member,  it affects  the entire  family. The                                                               
thieves target anyone  who is vulnerable and once a  person is on                                                               
the "mooch list" that list is bought and sold between thieves.                                                                  
                                                                                                                                
CHAIR ELLIS commented  that some of the saddest  stories he hears                                                               
are from  senior citizens and  folks who thought all  they needed                                                               
was  a shredder.  "And  that's not  the case."  He  asked her  to                                                               
provide any information  to the committee that  would establish a                                                               
record for the need of legislation.                                                                                             
                                                                                                                                
2:10:19 PM                                                                                                                    
STEVE   CLEARY,  Executive   Director,  Alaska   Public  Interest                                                               
Research  Group (AKPIRG),  said  they are  committed to  teaching                                                               
Alaskans  how to  be better  consumers and  how to  protect their                                                               
personal information. It is critical  that it is followed up with                                                               
strong  consumer protection  legislation,  which  he hoped  would                                                               
come out  this session. Federal  Trade Commission  data indicates                                                               
in 2005 Alaska was number one  in fraud complaints. The good news                                                               
on that  front is that in  2006, Alaska went down  to number five                                                               
with  about 500  fewer complaints.  The  sad news  is that  those                                                               
people  who did  take  the time  to  file with  the  FTC paid  an                                                               
average of $3,847, which is up quite  a bit from what was paid in                                                               
2005, which  was more in the  range of $1,000. That's  about $3.5                                                               
million stolen  from Alaska consumers  as well as their  time and                                                               
emotion. Estimates indicate it takes  a consumer anywhere from 40                                                               
- 175 hours "to get back their good name and their credit."                                                                     
                                                                                                                                
MR.  CLEARY pointed  out that  increasingly  a consumer's  credit                                                               
report  reaches into  many aspects  of life  including employment                                                               
and insurance, as well as further credit and loan information.                                                                  
                                                                                                                                
2:12:12 PM                                                                                                                    
He related  a story  about a Juneau  woman whose  neighbors stole                                                               
her  identity  that  illustrated  the grief  identity  theft  can                                                               
cause.    He   supported    legislation   addressing    mandatory                                                               
notification when a security breach  happens and giving consumers                                                               
the choice  to freeze  their credit report  to protect  them from                                                               
further damage.                                                                                                                 
                                                                                                                                
CHAIR  ELLIS thanked  him for  his comments  and said  his intent                                                               
today was  to establish a record  of the problem and  the need of                                                               
identity theft  legislation. He adjourned the  meeting at 2:14:07                                                             
PM.                                                                                                                           
                                                                                                                                
                                                                                                                                

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