SENATE JUDICIARY COMMITTEE April 24, 1996 1:30 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Lyda Green, Vice-Chairman Senator Mike Miller Senator Al Adams MEMBERS ABSENT Senator Johnny Ellis COMMITTEE CALENDAR Confirmation Hearings: Board of Governors of the Alaska Bar - Barbara Miklos State Commission for Human Rights - Joyce Bamberger, Esq. Commission on Judicial Conduct - Sharon Nahorney Alaska Judicial Council - Vicki Otte Violent Crimes Compensation Board - Carol Alley, M.D. Alaska Workers' Compensation Board - Dorothy Bradshaw Harriet Lawlor Nancy Ridgley Philip Ulmer James G. Williams CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) am "An Act relating to the confidentiality of certain information in motor vehicle records." SENATE BILL NO. 324 "An Act relating to punitive damages in a civil action for discrimination related to employment; relating to arbitration in a civil action; amending Rules 79(b) and 82(b), Alaska Rules of Civil Procedure, and repealing Rule 72.1, Alaska Rules of Civil Procedure; and providing for an effective date." SCHEDULED BUT NOT HEARD. CS FOR HOUSE BILL NO. 295(2d JUD) "An Act relating to forfeitures of property; and relating to the custody and disposition of property in the custody of municipal law enforcement agencies." HOUSE BILL NO. 90 am "An Act changing the date that the legislature convenes in the years following a gubernatorial election; changing the date that the term of a member of the legislature begins in the years following a gubernatorial election." PREVIOUS SENATE COMMITTEE ACTION HB 110 - No previous Senate Committee action. HB 295 - No previous Senate Committee action. HB 90 - See State Affairs minutes dated 2/22/96. WITNESS REGISTER Joyce Bamberger 1034 W. 22 Anchorage, AK 99503 POSITION STATEMENT: Commented on the Human Rights Commission Eleanor Roser c/o Representative Ramona Barnes Alaska State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Testified for sponsor of HB 110 Juanita Helmsley Division of Motor Vehicles P.O. Box 20020 Juneau, AK 99811-0020 POSITION STATEMENT: Commented on HB 110 Daniella Loper c/o Representative Brian Porter Alaska State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Testified for sponsor of HB 295 Jonathan Sperber c/o Representative Bettye Davis Alaska State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Testified for sponsor of HB 90 ACTION NARRATIVE TAPE 96-42, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 2:12 p.m. Present were Senators Miller, Adams, Green and Taylor. The committee took up the list of confirmations. SENATOR ADAMS stated he had no objection to the nominees and moved the list of nominees from committee with a recommendation to the Senate floor. CHAIRMAN TAYLOR asked the nominees if they had any questions for committee members. JOYCE BAMBERGER encouraged committee members to continue to fund the Commission for Human Rights. The Commission needs an additional $89,000 to maintain operations and prevent further delays in investigative work. She thanked committee members for the opportunity to speak. CHAIRMAN TAYLOR thanked Ms. Bamberger for her comments. There being no objection to Senator Adams' motion, the list of nominees was moved to the Senate floor. HB 110 CONFIDENTIALITY OF MOTOR VEHICLE RECORDS  Eleanor Roser, legislative aide to Representative Barnes, sponsor of the measure, discussed HB 110. Representative Barnes introduced the bill at the request of two constituents who had experienced stalking by persons who had obtained their addresses from DMV through license plate information. Additionally, in 1994, confidentiality of license plate information was included in the President's crime package. The intent of the federal legislation was to protect the personal privacy of persons licensed by states to drive a motor vehicle, or persons who register a motor vehicle, by prohibiting disclosure of information on drivers maintained by the state. This information is only to be disclosed under permissible uses. The businesses that currently purchase the list for dissemination to their customers, who are banks, credit unions, insurance companies, etc., will still be able to do so, however they will be required to abide by restrictions imposed by the federal act. If Alaska is not in compliance with the federal law by September 13, 1997, DMV employees could be liable for civil fines of $2500 per day, or be in violation of state statute, and the state could be subject to fines of $5,000 per day until compliance is reached. HB 110 is supported by the Council on Domestic Violence and Sexual Assault and the Department of Public Safety. Number 094 SENATOR GREEN asked if a person who does asset checks and is a process server would have access to information from DMV. JUANITA HENSLEY, Division of Motor Vehicles, explained process servers would still be able to obtain the information because the information would be used for a legitimate business purpose. The business would also be required to have a license through the Department of Public Safety to be a process server. SENATOR ADAMS moved CSSSHB 110(STA)am be moved from committee with individual recommendations. There being no objection, the motion carried. HB 295 PROPERTY HELD BY LAW ENFORCEMENT AGENCIES  DANIELLA LOPER, legislative aide to Representative Porter, sponsor of the measure, explained the legislation provides for cooperation between municipal law enforcement and state law enforcement of primarily drug trafficking offenses. It ensures equitable transfer of forfeited property to the appropriate state and local law enforcement agency to reflect the agencies' contribution in participating directly in any of the acts which led to seizure or forfeiture of such property. The bill specifies how the property will be divided. SENATOR ADAMS moved HB 295 from committee with individual recommendations. CHAIRMAN TAYLOR objected to the motion, and announced the bill would be held for one day. SENATOR ADAMS withdrew his motion. HB 90 CONVENING LEGISLATURE AFTER GOV ELECTION  JONATHAN SPERBER, legislative aide to Representative Bettye Davis, sponsor of HB 90, stated if the measure passes, the legislature would convene one day later, and as a result, adjourn one day later. The same 120 day limit would be in place, but the legislature would convene on the third Tuesday in January. SENATOR ADAMS moved HB 90 am from committee with individual recommendations. There being no objection, the motion carried. CHAIRMAN TAYLOR adjourned the meeting at 2:22 p.m.