Legislature(2019 - 2020)GRUENBERG 120
03/05/2020 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation: Transition to the Cloud | |
| HB233 | |
| HB264 | |
| HB250 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| *+ | HB 233 | TELECONFERENCED | |
| *+ | HB 264 | TELECONFERENCED | |
| *+ | HB 250 | TELECONFERENCED | |
HB 233-ELECTRONIC DISPLAY OF REQUIRED DOCUMENTS
4:06:26 PM
CO-CHAIR KREISS-TOMKINS announced that the next order of
business would be HOUSE BILL NO. 233, "An Act relating to the
display of documents on an electronic device."
4:06:50 PM
REPRESENTATIVE VANCE presented HB 233 as prime sponsor by
paraphrasing from the sponsor statement, which read:
We as consumers enjoy the benefits of having access to
information in the palm of our hand. The State of
Alaska recognizes the demand for mobile device use and
is currently in the process of allowing users to
provide proof of state required documents such as
licenses, permits and insurance to a peace officer via
mobile device.
We Alaskans also treasure our privacy and have
enshrined that right in our state constitution under
Article 1 sec. 22 Right to Privacy- The right of the
people to privacy is recognized and shall not be
infringed.
HB 233 safeguards the privacy of individuals who
display any state required document to peace officers
by ensuring that displaying proof of a required
document does not constitute consent for a peace
officer to access other contents of the electronic
device.
In laymen's terms, if a Wildlife Trooper asks to see
your fishing license, the Trooper does not
automatically have a right to search other content on
your device. You must give permission for the Trooper
to view anything besides the license required by law.
The two examples of this already specified in statute
are in AS.28.22.019 (d) pertaining to the display of
proof of motor vehicle liability insurance, and AS
03.05.078 (b) pertaining to display of proof of
registration when transporting industrial hemp.
REPRESENTATIVE VANCE relayed that as the state modernizes its
practices allowing documents to be viewed on an electronic
device, the proposed legislation would specify those documents
allowed by law to be displayed on a device.
4:10:16 PM
REPRESENTATIVE STORY asked why the protections under "reasonable
search and seizure" laws would not cover these instances.
4:11:07 PM
JANET OGAN, Staff, Representative Sarah Vance, Alaska State
Legislature, agreed that those protections exist; however, the
proposed legislation is offered to proactively address future
circumstances regarding documents displayed by electronic
device.
REPRESENTATIVE STORY asked whether the laws about warrants for
search and seizure do not mention electronic devices.
MS. OGAN answered, "Not that I'm aware of."
CO-CHAIR KREISS-TOMKINS offered his support for the proposed
legislation and added that knowing definitively where the line
is in terms of the existing protections for civil liberties
would be helpful for reference. He mentioned that there is
currently a baseline level of civil liberty protection and asked
what marginal new protection would be offered under HB 233.
REPRESENTATIVE VANCE stated that a peace officer must have
probable cause or come with a warrant. The proposed legislation
would provide Alaska residents the assurance that they are in
control of the information on their devices and must give
consent, rather than the officer being in control. People often
feel vulnerable when presenting information to a peace officer.
With a paper license, only that information is available; with a
mobile device, there is a much greater amount of personal
information. She said, "It does provide that assurance to
Alaskans that your privacy and your right to your information is
in your hands."
CO-CHAIR KREISS-TOMKINS remarked that beyond the "letter of the
law," HB 233 would offer citizens confidence through reasserting
and emphasizing their rights.
REPRESENTATIVE HOPKINS asked for any other documents that can be
displayed electronically, outside of hunting and fishing
licenses.
REPRESENTATIVE VANCE responded that the only other item allowed
to be displayed electronically is [proof of] registration for
transporting industrial hemp. Over the past few years,
automobile insurance has moved to being online. She said that
instead of specifying each instance of allowable electronic
documents, the proposed legislation was drafted to encompass
all allowable documents so that none would "fall into the
cracks" as Alaska moves into the future. She mentioned that the
Alaska Department of Fish & Game (ADF&G) is attempting to put
more licenses and permits online through an application (app).
Many Alaskans are looking forward to using that means for
presenting documents.
[HB 233 was held over.]