HB 392 An Act relating to the confidentiality of permanent fund dividend application information; relating to the permanent fund dividend program; and providing for an effective date. CS HB 392 (FIN) was reported out of Committee with "no recommendation" with a fiscal note by the Department of Revenue dated 3/04/94. HOUSE BILL 392 "An Act relating to the confidentiality of permanent fund dividend application information; relating to the permanent fund dividend program; and providing for an effective date." RICHARD VITALE, STAFF, REPRESENTATIVE PARNELL, stated that the legislation was developed in coordination with the Permanent Fund Dividend Division in order to improve, update and place into law some of the current regulations of that 1 program. THOMAS WILLIAMS, DIRECTOR, PERMANENT FUND DIVIDEND DIVISION, DEPARTMENT OF REVENUE, commented that the Department of Revenue strongly supports the proposed legislation. Representative Martin MOVED to adopt Amendment #1 which would protect the military family. Mr. Williams advised that the Department would not support Amendment #1 pointing out that a spouse of a military member can currently "piggy back" on the allowable absence of a resident. He added that Amendment #1 would treat military as a special category. Discussion followed among Committee members and Mr. Williams regarding Amendment #1. Representative Parnell OBJECTED. A roll call vote was taken on the MOTION. IN FAVOR: Foster, Martin, Larson. OPPOSED: Brown, Grussendorf, Hanley, Hoffman, Parnell, MacLean. Representatives Navarre and Therriault were not present for the vote. The MOTION FAILED (3-6). Representative Martin MOVED to adopt Amendment #2 creating a new subsection (ii) which would address the spouse or dependents of a resident or nonresident member of the military forces on active duty. Mr. Williams stated the Department of Revenue would not support Amendment #2 reiterating that it would treat military separately. Representative Parnell OBJECTED. A roll call vote was taken on the MOTION. IN FAVOR: Foster, Martin. OPPOSED: Grussendorf, Hanley, Hoffman, Parnell, Brown, MacLean, Larson. Representatives Navarre and Therriault were not present for the vote. The MOTION FAILED (2-7). Representative Brown MOVED to adopt Amendment #3 noting the intent would be to address the disclosure to the federal courts of information including birth date for jury duty use. She remarked that the amendment would identify that public records must be kept confidential. There was discussion regarding the two amendments provided to the 2 Committee which would address the same concern pointing out that both amendments were numbered #3. The Committee agreed to accept the language as submitted by the Department of Revenue as Amendment #3. Representative Parnell MOVED to adopt the amendment provided by the Department of Revenue. Representative Brown MOVED to delete the language "social security numbers" to Amendment would be more restrictive than the current language. There being NO OBJECTION, it was adopted with the proposed change. Representative Brown questioned the need for the addition of Section #15 in the legislation. Mr. Williams advised that Section #15 would provide a release of information clause which would clarify specific rights to privacy information. (Tape Change, HFC 94-110, Side 2). Representative Brown reiterated that personal information should be kept confidential as it is in current law. The proposed Section #15 would change that premise. She noted her concern with the overall right to privacy premise as proposed in the legislation. Representative Brown MOVED to adopt Amendment #4 which would insert additional language to Page 9, Line 11, explaining that information would relate to an individual's application or dividend. Representative Brown then suggested a language change which would delete "may" and insert "is" to the first line of Amendment #1. Representative Parnell OBJECTED to Amendment A roll call vote was taken on the MOTION. IN FAVOR: Grussendorf, Hoffman, Martin, Brown, MacLean. OPPOSED: Hanley, Parnell, Therriault, Larson. Representatives Navarre and Foster were not present for the vote. The MOTION PASSED (5-4). Representative Brown MOVED TO WITHDRAW Amendment #5. There being NO OBJECTION, it was so ordered. Representative Brown MOVED to adopt Amendment #6, Section (a) of Amendment #6 and deleting Section (b) of the proposed amendment. She stated that the amendment would continue the status quo, whereas, failure to adopt Section (a) of 3 Amendment #6 would remove the requirement to provide automated data. Representative Martin requested more restrictive language than that provided by Amendment #6. Representative Martin OBJECTED. A roll call vote was taken on the MOTION. IN FAVOR: Hanley, Parnell, Therriault, Brown, Grussendorf, MacLean, Larson. OPPOSED: Hoffman, Martin. Representatives Foster and Navarre were not present for the vote. The MOTION PASSED (7-2). Representative Brown MOVED to adopt Amendment #7 which would insert the language "collect" to Page 10, Line 11, before "penalty". Representative Larson OBJECTED. A roll call vote was taken on the MOTION. IN FAVOR: Hoffman, Martin, Parnell, Therriault, Brown, Grussendorf, Hanley, Maclean. OPPOSED: Larson. Representatives Navarre and Foster were not present for the vote. The MOTION PASSED (7-2). Representative Parnell MOVED to report CS HB 392 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. Representative Brown OBJECTED. A roll call vote was taken on the MOTION. IN FAVOR: Martin, Parnell, Therriault, Grussendorf, Hanley, Hoffman, MacLean, Larson. OPPOSED: Brown. Representatives Foster and Navarre were not present for the vote. The MOTION PASSED (8-1). CS HB 392 (FIN) was reported out of Committee with "no recommendations" and with a zero fiscal note by the Department of Revenue dated 3/04/94.