Legislature(2001 - 2002)
05/04/2001 05:22 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 120-CRIME PREVENTION & PRIVACY COMPACT
REPRESENTATIVE John Coghill testified that the sponsor substitute
for HB 120 provides language for a privacy compact between Alaska
and other states and the federal government to facilitate the
exchange of criminal history records information for non-criminal
purposes. The compact would be assumed by statute rather than by
reference. Any changes to the language in the compact would
th
necessitate a state review to protect 10 Amendment rights. He
assured members that his focus was to ensure that the compact could
never have authority over state.
On pages 1 and 2 there are 10 criteria for use of the information
and gives authority for receiving the information to individuals
who are not associated with law enforcement. Positive
identification would be made using fingerprints that are submitted
voluntarily.
There are five major purposes for the compact outlined on page 7
that provide a legal framework for the establishment of the
cooperative venture.
MR. KEN BISCHOFF, Director of the Division of Administrative
Services for the Department of Public Safety, stated strong support
for the bill. The department is the repository for all criminal
history records and they process about 30,000 fingerprint based
criminal history checks.
TAPE 01-30, SIDE A
The state can now access federal records but by joining the
compact, they could directly access other states' records as well.
This would make accessible 40 percent of the information that is
currently unavailable. The compact does nothing to change what
individual legislatures approve or authorize regarding
dissemination laws. They can only use the information as a compact
member if the Alaska legislature authorizes the release of the
information. Examples of areas in which the information would be
used are for school bus drivers, day care workers, foster care
licensing, teacher certification and nursing home and assisted
living workers.
CHAIRMAN TAYLOR asked who was currently being paid to handle this.
MR. BISCHOFF replied that there is a criminal history repository
staff in Anchorage headed by criminal records bureau chief, Kathryn
Monfreda, who is a latent fingerprint expert. Diane Schenker is the
criminal justice planner.
CHAIRMAN TAYLOR thought they had a retired trooper on contract to
put the package together.
MR. BISCHOFF responded they have received federal and general
funding through the legislature to begin the process of rewriting
the Alaska Public Safety Information Network. The contract for the
project manager was put to bid and awarded to a retired major with
the troopers. He's working to develop a new computer information
system that will allow efficient national criminal history checks.
CHAIRMAN TAYLOR commented that he had seen significant funding
available for that.
MR. BISCHOFF responded that the compact under consideration has a
zero fiscal note. The funding referred to is for development of the
new system.
CHAIRMAN TAYLOR said the compact simply sets up the bureaucracy and
the rules for the bureaucracy that makes up the compact. The actual
cost is for buying hardware and software, setting up the system and
training people to use the system.
MR. BISCHOFF did not agree. The National Privacy Compact is based
on the Interstate Identification Index network system (III), which
is an FBI system. That system was paid for and is a federal network
to which Alaska has access.
SENATOR THERRIAULT asked whether passage of the compact obligates
the state to follow through and update the current system.
MR. BISCHOFF said passage of the compact carries no legal or
financial obligation to replace the system. However, the computer
system that was implemented in 1984 is obsolete and not able to
meet current demands. Although Alaska has used the III for 35
years, it has just been used for law enforcement purposes. The
compact allows access to that information for civil purposes based
upon a set of rules outlined in the compact.
CHAIRMAN TAYLOR asked who would be able to use this information for
civil purposes.
MR. BISCHOFF replied it would be the department of public safety
criminal records bureau personal who would send information based
on fingerprint requests from employers and regulatory agencies that
are authorized to receive the information as set forth in statute.
The criminal records bureau is the sole repository and control
point for fingerprint information in Alaska and every state has
such a bureau.
CHAIRMAN TAYLOR asked for verification that this was to be used for
civil purposes.
MR. BISCHOFF confirmed it was 100 percent for civil use.
CHAIRMAN TAYLOR asked about provisions for violation of utilization
of the system since individuals have to agree to have their
fingerprints run through the system for civil purposes.
MS. DIANE SHENKER, Criminal Justice Planner Division of
Administrative Services for the Department of Public Safety, said
that nothing in the bill changes the law for violation of the
system. State law requires an audit system whereby use is logged
and audited. Access may be terminated and criminal charges referred
for violations of release of confidential information. The FBI has
similar provisions for action for violations.
CHAIRMAN TAYLOR asked whether there have been any violations and or
terminations of use.
MS. SHENKER said there have been both. Violations are discovered
through investigated complaints and routine audits. "A handful" of
violations have been confirmed since they instituted the
accelerated audit program in the last several years. As a result,
the individuals' access was terminated.
CHAIRMAN TAYLOR commented that although access was terminated, none
of the parties were fired. In fact, one violator was promoted.
MS. SHENKER responded that in the statute and regulations for the
department of public safety as a repository, they do not have the
authority to terminate an employee of another agency but they do
have the authority to terminate access to the criminal justice
information system. It's up to the employer to determine a
particular personnel action.
MR. BISCHOFF acknowledged the issues that arose several years ago
but wanted to emphasize that this is a discrete process that is
easier to control. Although the concerns will understandably
continue, this is a civil process and access to the process will
not be widespread. Through a given set of rules, his staff in
Anchorage would process applicant checks in that shop.
CHAIRMAN TAYLOR said he understood but the network of information
that is available is being expanded.
MR. BISCHOFF responded that the information they have is for law
enforcement purposes and could not be provided to employers and
licensing agencies. Passage of the bill would allow them to provide
information for those purposes.
CHAIRMAN TAYLOR called for further questions or additional witness
testimony and received no response. He asked for the pleasure of
the committee.
SENATOR COWDERY moved SSHB 120(am) from committee with individual
recommendations.
There being no objection, SSHB 120(am) moved from committee with
individual recommendations.
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