Legislature(2017 - 2018)BUTROVICH 205
02/27/2018 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SCR17 | |
| SB204 | |
| SB192 | |
| SB207 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SCR 17 | TELECONFERENCED | |
| *+ | SB 204 | TELECONFERENCED | |
| *+ | SB 192 | TELECONFERENCED | |
| *+ | SB 207 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 27, 2018
3:31 p.m.
MEMBERS PRESENT
Senator Kevin Meyer, Chair
Senator David Wilson
Senator Cathy Giessel
Senator John Coghill
Senator Dennis Egan
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE CONCURRENT RESOLUTION NO. 17
Proclaiming April 2018 as Sexual Assault Awareness Month.
- MOVED SCR 17 OUT OF COMMITTEE
SENATE BILL NO. 204
"An Act relating to special registration plates for vehicles
owned by veterans with disabilities."
- MOVED SB 204 OUT OF COMMITTEE
SENATE BILL NO. 192
"An Act relating to the confidentiality of voters' addresses;
and relating to the fees charged by the division of elections
for providing a copy of the state's master voter registration
list or a copy of the list of individuals who voted in an
election."
- HEARD & HELD
SENATE BILL NO. 207
"An Act transferring duties among departments in the executive
branch of state government; relating to the duties of
departments and commissioners in the executive branch; relating
to the duties of the Office of the Governor; relating to state
boards and commissions; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SCR 17
SHORT TITLE: APRIL 2018: SEXUAL ASSAULT AWARENESS MONTH
SPONSOR(s): SENATOR(s) MEYER
02/16/18 (S) READ THE FIRST TIME - REFERRALS
02/16/18 (S) STA
02/27/18 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 204
SHORT TITLE: DISABLED VET PLATES: CHIROPRACTORS CERTIFY
SPONSOR(s): SENATOR(s) EGAN
02/19/18 (S) READ THE FIRST TIME - REFERRALS
02/19/18 (S) STA
02/27/18 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 192
SHORT TITLE: VOTING: ADDRESS CONFIDENTIALITY; FEES
SPONSOR(s): SENATOR(s) MACKINNON
02/19/18 (S) READ THE FIRST TIME - REFERRALS
02/19/18 (S) STA, FIN
02/27/18 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 207
SHORT TITLE: TRANSFER DUTIES FROM DCCED
SPONSOR(s): SENATOR(s) COSTELLO
02/19/18 (S) READ THE FIRST TIME - REFERRALS
02/19/18 (S) STA, FIN
02/27/18 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
CHRISTINE MARASIGAN, Staff
Senator Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SCR 17.
ALIZA KAZMI, Policy Specialist
Alaska Network on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Testified in support of SCR 17.
PETER NAOROZ, Staff
Senator Eagan
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SB 204.
TODD CURZIE, President
Alaska Chiropractic Society
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 204.
DR. EDWARD BARRINGTON, Member
Alaska Chiropractic Society
Anchorage, Alaska
POSITION STATEMENT: Testified in support SB 204.
DR. DAVID MARTIN, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 204.
DR. DANIEL HOLT, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 204.
SENATOR ANNA MACKINNON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 192, provided an overview of
the bill.
BRITTANY HARTMANN, Staff
Senator MacKinnon
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Addressed questions regarding SB 192.
JOSIE BAHNKE, Director
Alaska Division of Elections
Juneau, Alaska
POSITION STATEMENT: Testified that the division does not oppose
SB 192.
CARMEN LOWRY, Executive Director
Alaska Network on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 192.
SENATOR MIA COSTELLO
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 207, provided an overview of
the bill.
JOSHUA WALTON, Staff
Senator Costello
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SB 207.
ACTION NARRATIVE
3:31:05 PM
CHAIR KEVIN MEYER called the Senate State Affairs Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators Giessel, Wilson, Coghill, Egan, and Chair
Meyer.
SCR 17-APRIL 2018: SEXUAL ASSAULT AWARENESS MONTH
3:32:06 PM
CHAIR MEYER announced the consideration of Senate Concurrent
Resolution 17 (SCR 17). He disclosed that he is the sponsor of
the resolution.
3:32:36 PM
CHRISTINE MARASIGAN, Staff, Senator Meyer, Alaska State
Legislature, Juneau, Alaska, provided an overview of SCR 17 as
follows:
Senate Concurrent Resolution 17 would proclaim April
2018 as "Sexual Assault Awareness Month;" this is part
of a national campaign to raise public awareness about
sexual assault and educate communities and individuals
on how to prevent sexual violence.
We bring the resolution forward each year in order to
bring attention to sexual violence and the measures
being taken by organizations such as the Alaska
Council on Domestic Violence and Sexual Assault, the
Alaska Network on Domestic Violence and Sexual
Assault, and Standing Together Against Rape.
As I'm sure you know, sexual assault statistics
nationwide are staggering. The Center for Disease
Control's National Intimate Partner and Sexual
Violence Survey reports that in the United States one-
in-five women and one-in-seventy-one men have been
victims of violent sexual assault in their lifetime.
In Alaska unfortunately, those rates are much higher;
in fact, the 2015 Alaska Victimization Survey reports
that one-third of adult women in Alaska have
experienced sexual violence.
This year the 2018 Sexual Assault Awareness Month
campaign focuses on "Embrace Your Voice" to encourage
and inform individuals on how they can use their words
to promote safety, respect, equality to stop sexual
violence before it happens. Individuals can embrace
their voices to show their support for survivors,
standup to victim blaming, promote everyday consent,
and practice healthy communications; we hope that SCR
17 will help strengthen that effort across the state.
3:34:13 PM
CHAIR MEYER disclosed that he has presented the resolution since
2001.
MS. MARASIGAN detailed that HCR 7 was passed on April 10, 2001
and Chair Meyer has carried the resolution since 2015.
CHAIR MEYER noted that the resolution has been brought up every
year, but some years there were other sponsors. He said the
resolution has always passed.
MS. MARASIGAN noted that Senators MacKinnon and Costello carried
the resolution in 2010 and 2011 respectively while serving in
the House.
CHAIR MEYER said the resolution has easily passed in previous
years but noted that the legislation was held up in the other
body last year and did not pass. He asserted that he is going to
push HCR 7 as hard as possible because the problem is serious in
Alaska and needs to be a top priority.
3:35:53 PM
CHAIR MEYER opened public testimony.
3:36:35 PM
ALIZA KAZMI, Policy Specialist, Alaska Network on Domestic
Violence and Sexual Assault, Juneau, Alaska, testified in
support of SCR 17. She stated that the Alaska Network on
Domestic Violence and Sexual Assault appreciates Chair Meyer's
sponsorship of HCR 7. She said the resolution is important to
spur awareness and tools for every Alaskan to take action to
prevent sexual assault which is extremely pervasive in Alaska.
CHAIR MEYER commented that as a past board member of Stand
Together Against Rape, sexual assault is a very serious issue
and a statistic that the state does not want to be number one
in. He opined that a lot of folks have gotten tired of him
bringing the resolution up every year, but he said the topic is
something that needs to constantly be in front of folks as a
reminder of the need to stop sexual assault and even sexual
harassment.
3:37:42 PM
CHAIR MEYER closed public testimony
3:38:42 PM
SENATOR GIESSEL moved to report SCR 17, version 30-LS1267\A from
committee with individual recommendations and zero fiscal note.
3:38:56 PM
CHAIR MEYER announced that being no objection, the motion
carried.
3:39:00 PM
At ease.
SB 204-DISABLED VET PLATES: CHIROPRACTORS CERTIFY
3:40:54 PM
CHAIR MEYER called the committee back to order. He announced the
consideration of Senate Bill 204 (SB 204).
3:41:31 PM
SENATOR EGAN, sponsor of SB 204, said the bill lets Alaska's
chiropractors sign the Division of Motor Vehicles' (DMV) forms
to provide disability certification for special registration,
license plates, and for disability parking permits. He noted
that he already has a permanent decal signed off by his medical
doctor, but SB 204 helps others. He explained that for years DMV
allowed chiropractors to sign disability applications, but in
2016 the Alaska Department of Law advised DMV that the statute
as it then read was not broad enough to allow chiropractors to
do so. He said SB 204 authorizes and restores the system that
served Alaskans well in previous years.
3:42:50 PM
PETER NAOROZ, Staff, Senator Eagan, Alaska State Legislature,
Juneau, Alaska, stated that SB 204 is an important bill because
it allows chiropractors, who in many cases are primary-care
physicians, the ability to sign-off with the DMV on handicap
permits and licenses. He detailed that the Alaska Department of
Law determined in 2016 that chiropractors would have to be
specifically mentioned in statute by legislative authorization
and SB 204 accomplishes that. He noted that a provision in Title
28, Chapter 10 regarding veterans, uses the operative language,
"Including a person with a disability." He summarized that SB
204 is the cleanest way to add chiropractors in working with DMV
on handicap permits and licenses, a practice that chiropractors
had been doing for a number of years.
3:44:56 PM
SENATOR WILSON asked him to clarify from the sponsor's statement
versus the bill itself that the legislation addresses temporary
parking, not actual license plates.
MR. NAOROZ answered that the bill addresses a temporary
arrangement for parking spaces.
CHAIR MEYER asked if placards or license plates are provided.
MR. NAOROZ answered that temporary placards are provided.
CHAIR MEYER asked him to confirm that the chiropractors have
been signing off for many years and the bill clarifies that they
have the authority to provide the service.
MR. NAOROZ answered yes.
3:46:10 PM
CHAIR MEYER opened public testimony.
3:46:41 PM
TODD CURZIE, President, Alaska Chiropractic Society, Anchorage,
Alaska, testified in support of SB 204 to restore chiropractors'
ability to sign the DMV disability application. He said he had
signed DMV disability applications for 23 years. He noted that
he had never given a permanent disability, strictly temporary
stickers. He said not being able to extend handicap stickers
when asked has been a shame.
CHAIR MEYER noted Mr. Curzie's testimony that his goal is to
make disability applications temporary for his patients.
MR. CURZIE concurred and noted that some patients do require a
permanent sticker due to their physical condition, but most are
temporary.
3:49:00 PM
DR. EDWARD BARRINGTON, member, Alaska Chiropractic Society,
Anchorage, Alaska, testified in support SB 204. He said the
handicap stickers are important to individuals. He pointed out
that many times patients who do not consult medical providers
choose chiropractors as their primary care provider and
providing handicap stickers is a good service to offer patients.
3:50:20 PM
DR. DAVID MARTIN, representing self, Wasilla, Alaska, testified
in support of SB 204. He said he has many chiropractic patients
that see him as their primary-care physician and providing
handicap stickers was something that he was able to provide for
many years. He said his hope is to better serve his patients by
providing handicap stickers once again.
3:52:21 PM
DR. DANIEL HOLT, representing self, Juneau, Alaska, testified in
support of SB 204. He disclosed that he has been a chiropractor
in Juneau for 25 years. He said providing patients with the
ability to park closer would be beneficial to chiropractic
practices to better serve patients in Alaska.
CHAIR MEYER asked if most the handicap placards that Dr. Holt
provides are temporary.
DR. HOLT explained that chiropractors try to get people up and
going again and not do long-term disabilities. He concurred that
the intent is to provide temporary placards to people.
3:54:40 PM
CHAIR MEYER closed public testimony.
3:55:07 PM
SENATOR GIESSEL moved to report SB 204, version 30-LS1474\A from
committee with individual recommendations and attached zero
fiscal note.
3:55:20 PM
CHAIR MEYER announced that being no objection, the motion
carried.
3:55:23 PM
At ease.
SB 192-VOTING: ADDRESS CONFIDENTIALITY; FEES
3:56:52 PM
CHAIR MEYER called the committee back to order. He announced the
consideration of Senate Bill 192 (SB 192).
3:57:21 PM
SENATOR ANNA MACKINNON, Alaska State Legislature, Juneau,
Alaska, sponsor of SB 192, said she usually asks questions
regarding the need for a bill as well as addressing the ability
to have less government. She called attention to Article I,
Section 22 of the state constitution which states, "The right of
the people to privacy is recognized and shall not be infringed;"
she said SB 192 speaks to that privilege, that right of
Alaskans.
She explained that SB 192 was introduced to address constituency
concern regarding personal information being exposed on internet
search engines. She shared a personal story of a constituent who
wanted her personal information to remain private, but her
information was made public when she registered to vote.
She noted that internet search engines provide personal
information to everyone that searches, including: name, mailing
address, social security number, phone number, e-mail address,
and credit score. She asked when will the federal government
start to protect people's right to privacy once again. She
acknowledged that people can actively choose to share their
information but pointed out that search engines are mined for
data for private companies as well as political organizations.
4:01:55 PM
She explained that SB 192 does two things: allows an opt-out
measure and increases the fee to access registered voter
information.
She explained that the opt-out measure allows individuals to not
share their mailing address, physical address, and precinct
number. She asserted that the precinct number should not be
exposed because the number in highly populated areas gets down
to the neighborhood level where a stalker could eventually find
someone.
SENATOR MACKINNON disclosed that the fee to access the state's
voter registry is nominally priced at $20. She detailed that SB
192 sets the "fee barrier" at $1,000, an average fee amount that
was based on a poll conducted by the National Conference of
State Legislatures (NCSL). She noted that the change does not
prohibit political organizations or pollsters who use the voter
data to cross-tab and sell to others, but the monetary barrier
is intended to prevent access by individuals who want to misuse
the information. She added that the "fee barrier" does not
distinguish between a statewide and precinct list and does not
impose and cannot impose copy right laws. She pointed out that
the registered voter data includes a cross-check with the Alaska
Permanent Fund Corporation that results in data that is rich
with actual physical and mailing addresses that are consistently
updated for individuals to receive their PFD [Permanent Fund
dividend].
She said now that the state automatically registers individuals
to vote, their information is going to become more readily
available to both those that sell the addresses to other people
as well as general folks who are doing internet search engine
searches to locate people in specific areas. She summarized that
she has families in her district that are affected by the data
access and noted that she has raised the issue with the
lieutenant governor's office.
CHAIR MEYER opined that the fee going from $20 to $1,000 is a
big jump. He asked to verify that $1,000 is the average
statewide fee.
SENATOR MACKINNON specified that the average is nationwide.
4:05:59 PM
BRITTANY HARTMANN, Staff, Senator MacKinnon, Alaska State
Legislature, Juneau, Alaska, clarified that the NCSL poll
results showed that the average cost for a voter list in all 50
states is $1,825.
CHAIR MEYER said he appreciated what Senator MacKinnon is doing.
He opined that information is easily obtainable and noted that
data can be accessed from fishing and hunting licenses as well.
He asked if Senator MacKinnon is aware of an address
confidentiality program that keeps an individual's address
confidential for domestic [violence] survivors.
SENATOR MACKINNON replied that there is a process where some
data can be suppressed, but the precinct number is not
suppressed. She said the process is not as specific as to what
is being asked to be suppressed in SB 192. She added that the
suppression requires a hurdle of a domestic violence and the
threshold is not reached if someone is trying escape a family
member. She detailed that to reach the threshold a family member
must be incarcerated, or a claim must be filed against the
family member, an aspect that her constituent does want to
endure.
4:07:50 PM
CHAIR MEYER noted in the Municipality of Anchorage that
providing a person's name regarding property taxes results in
the ability to access a person's address, how much they paid for
their house and what it is appraised at.
SENATOR MACKINNON replied that she would prefer to eliminate the
access that Chair Meyer has described as well; however, under a
federal act that cannot be eliminated. She noted that a person
though would have to know the state a person is in as well as
the city to be able to access that data, more at a micro level
than a macro level. She explained that in her constituent's case
the person may not have known her constituent was in Alaska and
even if they did, they wouldn't have been able to access a
municipal database to find my constituent because they would not
have known which city location her constituent was in to access
the data Chair Meyer was speaking to.
SENATOR WILSON pointed out that he can search for individuals on
the Division of Elections' website. He asked if SB 192 will also
address the Division of Elections' website regarding a personal
search.
SENATOR MACKINNON answered that she believed yes. She noted that
Director Josie Bahnke from the Alaska Division of Elections is
in attendance and available to address the committee.
SENATOR EGAN asked how SB 192 will affect campaigns. He said the
$1,000 fee, especially in smaller communities, will be expensive
for the individual running for council or assembly. He asked if
Senator MacKinnon thinks that the $1,000 fee will cause a
disadvantage for somebody running for municipal election.
4:10:07 PM
SENATOR MACKINNON replied that she thinks there are work-arounds
to everything the legislature does. She noted that the major
parties allow data to be shared with anyone that is associated
with them. She opined that a statewide organization could pay
$1,000 and share the data because that data is not copy written.
She said she is not opposed to having someone who is registered
for election to have a fee that is different for a precinct or
an area that is lower than $1,000; however, she pointed out that
the nationwide average is $1,800 for a statewide list. She
emphasized that she brought the legislation forward as a concern
from her district that her constituents' information is being
sold very inexpensively to everyone. She said she thought the
$1,000 barrier to someone who is not declaring that they are
going to raise over $1,000 may create a barrier for that
candidate and there is a way around that issue if someone is
registered in an election to run for office.
SENATOR EGAN stated that he appreciated what Senator MacKinnon
was trying to do; however, he asked if she thought the bill
protects domestic violence victims and queried if the bill also
addresses other data sources like tax rolls, PFD, or anything
from a recorder's office.
SENATOR MACKINNON replied that she will divert part of the
question to the Alaska Division of Elections and the Alaska
Permanent Fund Corporation. She said her understanding is the
data would go backwards so that both systems are affected. She
asserted that the bill's threshold is lower than having to have
been a victim of domestic violence. She asked that consideration
be given to those that are stalked or bullied who do now want
their information exposed.
She explained the proposed data-blocking process as follows:
How we walk through this with the Division of
Elections is that you could go online electronically,
check a box, and your data would be blocked. A
different address like the Division of Elections'
address or the Alaska Permanent Fund Corporation's
address would be exposed instead of your own private
information.
She reiterated that the precinct number must be out otherwise a
person's identity still can be pinpointed. She summarized that
the bill provides those experiencing domestic violence or sexual
assault an opportunity to shield their physical address from
others.
4:13:12 PM
MS. HARTMANN provided the sectional analysis for SB 192 as
follows:
Section 1: AS 15.07.060
Each voter applicant must indicate whether or not they
want their residential and mailing addresses to be
made confidential.
Section 2: AS 15.07.060
Establishes how an applicant, or a person acting on
behalf of the applicant, may indicate that they desire
to keep their address or addresses confidential; by
making a statement to a registration official or by
marking a box on the registration form.
Section 3: AS 15.07.064
Requires that the Division of Elections use the
address provided on the Permanent Fund Application, if
it is different from their current registration
address, but the division must also keep that address
confidential if the voter requested their address to
be confidential.
Section 4: AS 15.07.127
Increases the fee for the state's master-voter-
registration list and a list by precinct to $1,000.
This section also requires that the voter's address be
kept confidential from this list if the voter has
requested confidentiality.
Section 5: AS 15.07.195
Allows a voter to elect to keep the voter's mailing
address confidential and eliminates a requirement that
a voter may only request that the voter's residential
address be kept confidential if the voter provided a
separate mailing address.
Section 6: AS 15.15.400
Provides that copies of the statewide list and a list
by precinct, may be purchased from the division for
$1000. This section also makes such copies of the list
subject to the address confidentiality provisions.
SENATOR COGHILL addressed section 2 that noted, "Person acting
on behalf;" he asked if that meant anybody that had legal
authority.
MS. HARTMANN replied that is what she believed it is and noted
that the verbiage is already in statute.
SENATOR COGHILL pointed out that section 2 is a new subsection
and queried if the language was rewritten.
MS. HARTMANN answered that the section is new but explained that
the current statute allows for someone to be registered by
someone else on behalf of them.
4:15:40 PM
SENATOR COGHILL stated that he struggles with the bill and
explained as follows:
I struggle with this bill, I'm not a big fan of it at
this point. I appreciate what they are trying to do
but this pulls the shade down for everybody,
necessarily I think that is a little more complicated
than I am willing to go down the road on. I appreciate
the fact that you don't want to necessarily create a
legal action to get yourself off of the roll, so I'm
sympathetic to that and I'm not too sure how to deal
with it.
This issue just came to me yesterday morning for the
first time, I looked at it and my first reaction is
"no;" but, I appreciate it and wanted to listen to the
sponsor's input on why a family might feel a need to
be safe from that but I also see that what you are
saying is anybody who does it so then you have a
public safety part but you also have those who want to
be more nefarious can also pull that shade down, and
then you have the problem Senator Egan brought up and
that is we have created a democracy problem in
contacting people, sometimes we weary people to death
and I get that so I think people would check-it
because of that. Sometimes the privacy issue as
brought up is just so pervasive that where do you
start? I think what she is trying to do as a sponsor
is trying to put her foot down in one place and say,
"At least here is what the state can control."
So, I'm probably more inclined to go to a different
kind of application which would allow confidentiality
for whatever cause and have to state what that cause
is, it could be anything from a legal action to a fear
action, that's where I would probably go. I struggle
less with the fee, it is true that some places are
$5,000 for a statewide list but there are millions of
people, so you really can't say an average because the
average takes a population plus a cost, so that
average doesn't really work out that good. The jump to
Alaskans, I tend to agree, it's usually the
professional people who are going to want that fee as
long as we allow local races to have a reasonable
access. So, I don't know where that number would be, I
think she started high but I'm probably willing to
talk about it because it is true that people are using
those lists very frequently in a very loose way, so
I'm open to that discussion. As somebody who's had to
campaign, I know how valuable it is to know where
people live and to go contact them, but I also know
when somebody puts a no trespassing you just don't go
up their driveway and I think that's what she is
trying to say, no trespassing here for me because I
feel vulnerable for whatever reason.
I don't know that I agree with the approach just yet,
but I'm working on it. Certainly the statisticians and
I've got one in my office who very clearly used some
of these things, he's very good at it and has given me
good reason to question this, but as I said to the
sponsor in my office, "Okay, if this isn't the best
way what is a good way to help somebody feel safer in
a world where the information is you can get it
anywhere," and this doesn't solve the problem of
somebody that wants to feel safe in my view. I don't
mind the dollar amount because generally speaking
these are highly manipulated databases basically for
all of the political reasons, we all know about, but
at the end of the day they are people, they are just
individual people and some of them don't want to be
bothered for whatever reason. I just don't know that
this is the best way to get there, so I'm hoping
you're not going to move it out right away because I'm
still warming up to the idea. I'm trying to think
what's the best solution. I'm trying to think of an
amendment that I might put into it and I'm really at a
loss at this point. So, I just wanted to let the
sponsor know I appreciate the effort but I'm not with
her on this particular approach yet.
4:20:16 PM
CHAIR MEYER noted that the committee will go through public
testimony that may provide additional input to Senator Coghill.
SENATOR COGHILL remarked that he hoped people do not think that
the committee is insensitive to people who "feel that fear." He
queried how to get it done but appreciated Senator MacKinnon
stepping up to try and figure out a way.
SENATOR MACKINNON asked to speak to the "nefarious" part in
Senator Coghill's previous statement as follows:
Public safety and the State of Alaska would still have
access to all of that data; this is as you say, "no
trespassing," that a private person is putting up in
their yard, and we are allowing this data to be sold.
We are allowing it to become profitable information at
the expense of folks who are asking not to have their
data sold.
SENATOR COGHILL opined that in a democratic world you must
enlist people to participate and that is one of the issues that
must be dealt with as to how to keep people safe while still
allowing the democratic process to work, an issue that he
struggles with. He said on the other hand he referenced data
Senator MacKinnon provided that showed ways other states have
"imperfectly" dealt with the issue that the legislature is
trying to address, mostly dealing with sexual assault, sexual
violence and things like that where a restraining order is
required. He noted that Senator MacKinnon said there is a lower
threshold, something that becomes problematic for him. He opined
that he questioned the ability to jut checkoff a box for
whatever reason if someone wanted to disappear.
4:22:25 PM
CHAIR MEYER opened public testimony.
4:23:00 PM
JOSIE BAHNKE, Director, Alaska Division of Elections, Juneau,
Alaska, testified that the division does not oppose SB 192. She
said the division feels that the legislation is relatively
straight forward to implement since the division currently has a
way to mark a voter's information as confidential. She noted
that the change in the bill would have no impact on the
financial cost associated with the division's conduct of state
and federal elections nor would any additional staff be required
to implement the proposed law.
SENATOR WILSON asked Ms. Bahnke to address what would happen to
the ability to search names on the division's website if the
bill passed.
MS. BAHNKE replied that the only search on the division's
website requires a person to enter personal identifiers that
includes: voter ID, name, last-four digits of a social security
number; if someone knows that information, they could do a
search on themselves or someone else.
4:25:43 PM
SENATOR WILSON stated that he has questions for the sponsor
regarding the impact on voter registration, voting processes at
political party conventions, or the possibility of inhibiting
folks from being able to participate in the voting process.
SENATOR COGHILL asked if someone acting on another person's
behalf when voting would normally be "power of attorney." He
said the statute is AS 15.07.070(b) and Ms. Bahnke can answer
the question later. He inquired what the division will do with
the money from the proposed $1,000 fee.
MS. BAHNKE answered that currently the Division of Elections has
no vehicle to get the funding directed to the division, so all
receipts would go through the general fund.
SENATOR COGHILL asked if the division has talked about raising
the value of the sale of lists.
MS. BAHNKE answered that the division has not.
SENATOR COGHILL asked if she had thought about what the value
might be as a tool for the division's benefit to help manage the
voting list. He said the fee is steep but conceded that the
proposed fee is not totally unreasonable.
CHAIR MEYER inquired how many times the division sells the list
per year.
4:29:07 PM
MS. BAHNKE replied that the division sells approximately 50-
statewide lists per year.
CHAIR MEYER asked if there is a requirement when someone buys
the list.
MS. BAHNKE explained that the division collects the name of the
organization the individual is representing and address. She
noted that the division mails a DVD with the information.
CHAIR MEYER surmised that if the fee is paid the state does not
know who is receiving the information or what they are going to
do with the information.
MS. BAHNKE answered yes.
SENATOR COGHILL noted that approximately 27 percent of the
state's population moves per year. He asked how the division
manages its files and if the bill is going to affect file
accuracy.
MS. BAHNKE answered that in statute the division has a very
detailed process to annually conduct list maintenance, something
the division recently completed. She explained that to ensure
the voter roll accuracy, the division is a member of the
Electronic Registration Information Center (ERIC), a group of 23
states where the division does cross-state and in-state
duplicate death records where reports are run on a regular
basis. She added that the division gets the most current PFD
automatic-voter-registration information from the Alaska
Permanent Fund Corporation as well.
SENATOR COGHILL conceded that once in awhile his confidence in
government is low and the Division of Elections has not escaped
his scrutiny. He said the division's voter-file management is a
process they must go through; however, he pointed out that there
have been times when the division's accuracy had to be
investigated. He opined that the bill would make checking on the
division's accuracy very hard to do. He summarized that division
accountability is another factor that must be considered.
4:32:46 PM
CHAIR MEYER asked if requesting confidentiality during voter
registration was currently possible.
MS. BAHNKE answered that the division has both a paper and
online voter registration application process that allows voters
to request that their residence address remain confidential if a
separate mailing address is provided.
4:34:09 PM
CARMEN LOWRY, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault, Juneau, Alaska, testified in
support of SB 192. She said SB 192 will go along way to protect
victims of domestic violence, sexual assault and stalking. She
asserted that abusers go to great lengths to find out where
people live, and the bill provides confidentiality and safety
for victims. She added that the bill will also encourage people
to vote by allowing a person to control access to their
residential and mailing addresses.
4:36:03 PM
CHAIR MEYER closed public testimony.
SENATOR MACKINNON noted that she has communicated with
individuals affected by stalking who are not comfortable with
calling in, e-mailing or texting, the very people that the bill
intends to protect. She set forth that setting a lower threshold
protects all people. She summarized as follows:
I understand that we want to make sure that we can
reach out and talk to people as elected officials, but
if people don't want to talk to us, they have a right
to put up a no-trespass sign.
4:37:21 PM
CHAIR MEYER held SB 192 in committee.
SB 207-TRANSFER DUTIES FROM DCCED
4:37:28 PM
CHAIR MEYER called the committee back to order. He announced the
consideration of SB 207.
4:37:51 PM
SENATOR MIA COSTELLO, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 207, explained that the bill deletes a department.
She noted that the concept for the bill has been years in the
making. She emphasized that economic development is one of her
priorities as a legislator and noted that most of her
legislation has been to promote that. She referenced her
legislative history with governors Hickel and Murkowski. She
detailed her experiences with two administrations that included
departmental consolidation as well as her involvement in trade
missions to Asia to promote Alaska. She remarked that she
questioned whether the departmental consolidation currently
works and noted that as one reason why she introduced the bill.
SENATOR COSTELLO disclosed that during her time as a
representative in the House she oversaw a working group that
addressed how to diversify the state's economy. She disclosed
that one of the questions the working group asked pertained to
identifying a state that was doing a good job and Texas was
identified. She said the Texas website is a "one stop shop" for
easily connecting inquires with the people and resources needed
to start a business in the state.
She noted that she constantly asks the question as to how the
state can elevate its economic development and disclosed that
her answer is to get rid of the Alaska Department of Commerce,
Community, and Economic Development (DCCED) and put the
commissioner and some divisions in the governor's office to
elevate the position. She said DCCED spans a tremendous range of
topics and emphasized that her proposed change is not meant to
diminish the work that is done at the department, but to elevate
it.
She explained that the commissioner for DCCED sits on 23 boards,
a time-consuming job where most of the responsibilities will go
to other departments, including the Department of Revenue and
the Department of Natural Resources. She detailed some of her
proposed changes as follows:
• The Minerals Commission and the forest products in that
department will go into the Department of Natural
Resources.
• The Alaska Film Office, no longer in existence, will be
"removed from the books."
• Remove the commissioner's office in the Division of
Administrative Services:
o The commissioner would be housed in the governor's
office and work directly with the governor and staff
members.
She noted that many of the departments used to be separate and
were ultimately combined; however, she said the state has never
asked if combining the departments is working. She asserted that
it is a worthy discussion when considering Alaska's fiscal
challenges. She added that she thinks the state should be
marketed and encouraged the administration and legislature to
market Alaska whenever possible.
4:44:19 PM
JOSHUA WALTON, Staff, Senator Costello, Alaska State
Legislature, Juneau, Alaska, noted that the bill has 127
sections due to departmental-separation components. He
referenced the proposed division/office/program relocation as
follows:
• Dissolved:
o Commissioner's Office,
o Division of Administrative Services,
o Alaska Film Office.
• Office of the Governor:
o Alaska Seafood Marketing Institute,
o Alaska Tourism Marketing Board,
o Division of Economic Development:
square4 Development Section,
o Note:
square4 Includes all marketing programs,
square4 Includes all non-lending programs.
• Department of Revenue:
o Division of Banking and Securities,
o Division of Community and Regional Affairs,
o Division of Corporations, Business and Professional
Licensing (DCCED-CBPL),
o Division of Economic Development:
square4 Investments Section,
o Division of Insurance,
o Alaska Energy Authority,
o AIDEA,
o Alaska Gasline Development Corporation,
o Alaska Railroad Corporation,
o Alcoholic Beverage Control Board,
o Marijuana Control Board,
o Regulatory Commission of Alaska,
o Note:
square4 Includes all revolving loan fund programs,
square4 Includes all independent and quasi-judicial
agencies.
• Department of Natural Resources:
o Alaska Minerals Commission,
o Alaska Forest Products.
He pointed out that a committee substitute would be required to
carry out all the bill's objectives.
4:48:06 PM
SENATOR WILSON asked Senator Costello to address the referenced
memo for SB 207 from the Division of Legal and Research
Services, item 10 regarding the constitutionality of moving some
of the items into the Office of the Governor and referenced the
section as follows:
Moving duties and programs to the Office of the
Governor. As requested, the bill moves the film
production promotion program, the Alaska product
preference program, the Made in Alaska labeling
program, and tourism duties and grants from DCCED to
the Office of the Governor. However, moving these
duties and programs out of a principal department and
into the Office of the Governor raises an issue under
the Constitution of the State of Alaska.
Article III; sections 22, 25, 26; Constitution of the
State of Alaska; provide that the Legislature is
required to allocate powers to the principal
departments in the executive branch and that the head
of a principal department is subject to legislative
confirmation. The Legislature exercises its oversight
of these departments by confirming the single
executive or members of the commission or board that
head the department.
The Alaska Supreme Court has not addressed whether the
governor's office is a principal department; however,
the Legislature may not confirm the head of the Office
of the Governor (the governor), and it does not appear
that the Office of the Governor would be considered a
principal department as contemplated by the
constitution.
Moving duties and programs from a principal department
into the Office of the Governor appears to violate the
constitutional requirement that the Legislature
allocate powers, etc., to the principal departments.
In addition, transferring duties and programs to the
Office of the Governor removes the Legislature's
oversight (by its confirmation authority) of the
execution and implementation of these transferred
duties and programs once they are in the Office of the
Governor.
1. Under Article III, section 22, the Legislature
has the authority to allocate functions, powers,
and duties to departments within the executive
branch, with the limitation that there be no more
than 20 principal departments. Article III,
section 24, further provides that "[e]ach
principal department shall be under the
supervision of the governor."
2. Art. III, section 25, requires that the head
of each principal department be appointed by the
governor, subject to legislative confirmation.
3. Art. III, section 26, requires that the
members of a board or commission that heads a
principal department or regulatory or quasi-
judicial agency be appointed by the governor.
SENATOR COSTELLO explained that the bill moves the commissioner
of DCCED to the governor's office. She specified that the bill
does not move the "commissioner of the department," but the
"commissioner" is being moved. She said she believes that for
clarity it is possible to have language in the bill that says,
"For the purposes of this section the commissioner is not a
commissioner of a department."
4:49:14 PM
SENATOR GIESSEL addressed the memo from the Division of Legal
and Research Services as follows:
A follow up on Senator Wilson's question. What the
memo calls out is moving these individuals, whether it
is the commissioner or any of these divisions and most
prevalently the Division of Corporations, Business and
Professional Licensing (DCCED-CBPL); these personnel
are subject to legislative confirmation and as the
memo points out that moving duties and programs to the
Office of the Governor appears to violate the
constitutional requirement that the legislature
allocate powers to principal departments and have
oversite related to confirmation.
She asked Senator Costello how she would deal with the
constitutional issue referenced in the memo.
SENATOR COSTELLO reiterated that she believes that there is a
work-around with the issue that Senators Wilson and Giessel
referenced. She said she is willing to work with anyone who is
interested in pursuing the noted constitutional issue.
SENATOR GIESSEL specified that her main familiarity with the
entire DCCED has to do with DCCED-CBPL. She pointed out that the
division staff provides substantial staff support to the
multiple boards and questioned the substantial staff movement
into the Department of Revenue. She said her second issue
focuses on the mission conflict between the Department of
Revenue's task in collecting money versus the mission statement
for DCCED-CBPL. She opined that DCCED-CBPL has a quasi-
adjudicatory regulatory mission or charge that seems to be in
conflict in terms of the Department of Revenue's purpose of
collecting money.
4:51:40 PM
SENATOR WILSON thanked Senator Costello for looking for
efficiencies by combining governmental services. He said he was
willing to work with her to try and find more suitable places to
put some of the departments. He conceded that he questioned if
DCCED could be fully eradicated but opined that some pieces may
be moved around to shrink the size of the department.
SENATOR COGHILL remarked that SB 207 is a big undertaking. He
opined that Senator Costello's focus may be on what the
government can do to be nimbler in its business opportunities
versus the idea of efficiency. He said the legislation is a big
shake-up where core responsibilities are blended. He questioned
whether the focus on core responsibilities would be retained.
SENATOR COSTELLO asserted that SB 207 is transformational. She
pointed out that the proposed departmental change in the bill
also occurred in the 1990s when three departments were merged.
She said there is a need to break down silos between
departments; for example, there might be advantages with
Community and Regional Affairs being housed in a different
department, whether the Department of Revenue or another one.
She noted that when the merger occurred, DCCED became a
department that spanned a huge range of issues ranging from
aerospace to rural bulk fuel loans. She disclosed that at a
recent Aviation Advisory Council meeting she learned that a
community was eligible for federal funds but was not aware of it
because "that's a DOT issue." She opined that there are
opportunities for increased collaboration and asserted that
asking the question is worthwhile to enhance some of the things.
She reiterated that the commissioners spend a third of their
time sitting on boards and the question addressing the time
issue is posed in the bill. She noted that there is a House
version of SB 207 as well.
4:55:42 PM
CHAIR MEYER said he appreciated Senator Costello for bringing
the legislation forward. He agreed with previous statements that
SB 207 is big bill and noted that the legislation needs
additional work, pointing out that the fiscal notes have not
been able to keep up. He asked Senator Costello if her intent is
to save the state money.
SENATOR COSTELLO explained that saving money is not why she
introduced the bill but saving money would be a benefit from the
legislation.
CHAIR MEYER commented that he likes the idea of, "breaking down
the silos." He noted that Senator Costello gave the example of
how everything was centralized to reduce staff and share
services, a concept he likes and will address with the deputy
commissioner. He suggested that work continue with the bill and
noted that Senator Wilson offered his assistance. He said the
bill will be brought back for public testimony at a later date.
4:57:17 PM
CHAIR MEYER held SB 207 in committee.
4:57:58 PM
There being no further business to come before the committee,
Chair Meyer adjourned the Senate State Affairs Standing
Committee at 4:57 p.m.