Legislature(2023 - 2024)GRUENBERG 120
05/03/2024 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB12 | |
| SB134 | |
| HB105 | |
| HB107 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 134 | TELECONFERENCED | |
| + | SB 12 | TELECONFERENCED | |
| += | HB 105 | TELECONFERENCED | |
| += | HB 107 | TELECONFERENCED | |
SB 12-ADDRESS CONFIDENTIALITY PROGRAM
1:40:05 PM
CHAIR VANCE announced that the first order of business would be
CS FOR SENATE BILL NO. 12(JUD), "An Act relating to the duties
of the Department of Administration; creating an address
confidentiality program; and providing for an effective date."
[Before the committee was HCS CSSB 12(STA).]
1:40:24 PM
SENATOR JESSE KIEHL, Alaska State Legislature, as prime sponsor,
presented HCS CSSB 12(STA). He paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
SB 12 creates an address protection program for
victims of sexual assault and domestic violence, peace
officers and correctional officers, and their
families.
Alaska is one of only nine states without any form of
address protection program. They are so widespread
because they are essential. A person needs an address
to vote, drive, work, send children to school, and
much more. When that address shows up in a public
record, an Alaskan seeking safety from a stalker or
abuser faces unnecessary danger. So do Alaska law
enforcement professionals who face threats of
retribution.
An address protection program gives those Alaskans a
tool to stay safe.
Under SB 12, the state would keep a Post Office Box
and confidentially forward mail to Alaskans with a
protective order, public safety professionals, and
their families. Victims and those protecting our state
deserve the chance to live safely.
SENATOR KIEHL said one unusual aspect of the bill compared to
most address protection programs, is that it would allow peace
officers and correctional officers to participate. He noted
that the current version of the bill, which was adopted by the
House State Affairs Standing Committee, closed a potential
loophole by prohibiting registered sex offenders or child
kidnappers from participating in this program. The bill would
also provide [the Department of Administration (DOA)] with the
ability to create a pathway for people who had to leave before
they could get a protective order to qualify for the registry.
1:45:41 PM
ELLA ADKISON, Staff, Senator Jesse Kiehl, Alaska State
Legislature, on behalf of Senator Kiehl, prime sponsor of HCS
CSSB 12(STA), presented the sectional analysis [included in the
committee packet], which read as follows [original punctuation
provided]:
Sec. 1: Puts the program in the Department of
Administration.
Sec. 2: Creates the program.
(b) requires a Post Office Box as a substitute mailing
address for enrollees and instructs the department to
forward mail to participants. It charges the
department with protecting confidentiality and
requires regulations to govern enrollment and
withdrawal.
(c) describes eligible participants as people
sheltered by a protective order and their parents,
guardians, children, and household members. It also
admits peace officers and correctional officers.
(d) requires state and municipal agencies to accept
the P.O. Box.
(e) describes the eligibility period.
(f) forbids the department from charging a fee.
(g) allows access to confidential addresses subject to
a search warrant.
(h) establishes penalties for unlawfully revealing a
protected individual's address.
(i) defines certain terms.
Sec. 3: Establishes a transition period for the
department to adopt regulations to implement the
program.
Sec. 4: Lets the department begin its regulation
process immediately.
Sec. 5: Sets an effective date of Jan. 1, 2024 for the
rest of the bill.
1:46:47 PM
KEELEY OLSON, Executive Director, Standing Together Against
Rape, gave invited testimony during the hearing on HCS CSSB
12(STA). She shared her knowledge of the address
confidentiality program in Washington where she worked as a
victim's advocate with the prosecuting attorney's office, and
her home state of Montana. She reported that address
confidentiality programs are currently available in up to 40
states nationwide at no cost to enrollees, which is an important
consideration for those fleeing abuse with no access to funds.
She said she also appreciated the inclusion of public safety
officers in the bill.
1:50:26 PM
REPRESENTATIVE GRAY moved to adopt Amendment 1 to HCS CSSB
12(STA), labeled 33-LS0162\H.2, C. Radford, 5/3/24, which read:
Page 3, line 12:
Delete "or"
Page 3, following line 12:
Insert a new paragraph to read:
"(5) an election official; or"
Renumber the following paragraph accordingly.
Page 3, line 13:
Delete "(1) - (4)"
Insert "(1) - (5)"
Page 3, line 19:
Delete "(c)(5)"
Insert "(c)(6)"
Page 3, line 23:
Delete "or (4)"
Insert ", (4), or (5)"
Delete "(c)(5)"
Insert "(c)(6)"
Page 3, lines 24 - 25:
Delete "or (4)"
Insert ", (4), or (5)"
Page 3, line 26:
Delete "or correctional officer"
Insert ", correctional officer, or election
official"
Page 4, following line 29:
Insert a new paragraph to read:
"(4) "election official" includes a
municipal clerk, municipal election staff, voting
official, polling place worker, or other election
worker;"
Renumber the following paragraphs accordingly.
REPRESENTATIVE SUMNER objected.
1:50:34 PM
REPRESENTATIVE SUMNER moved Conceptual Amendment 1 to Amendment
1.
REPRESENTATIVE GRAY objected.
REPRESENTATIVE SUMNER said Conceptual Amendment 1 to Amendment 1
would insert "or elected" on page 1, line 6, and page 2, line
11, and strike "or" on page 2, line 12, and after "worker",
insert "or person elected to any municipal or state elected
office". He said the proposed conceptual amendment would extend
the same protections to election officials as elected officials.
REPRESENTATIVE GRAY asked for the bill sponsor's opinion on
Conceptual Amendment 1 to Amendment 1.
SENATOR KIEHL said the clients of address protection registries
tend to live private lives. He said he was not aware of any
significant use of address protection registries in other states
by people who live the exceedingly public lives of those serving
in public office. He pointed out that increasing the number of
eligible people could increase the cost of the bill.
1:53:56 PM
REPRESENTATIVE ALLARD said she appreciated the proposed
amendment to the amendment because elected officials do not stay
in office forever. She informed the committee that she had to
file with the Federal Bureau of Investigation (FBI) [to protect
herself] from people across state lines.
REPRESENTATIVE C. JOHNSON expressed concern about how Amendment
1 would impact transparency and the Alaska Public Offices
Commission (APOC).
REPRESENTATIVE ALLARD suggested that Conceptual Amendment 1 to
Amendment 1 could be a separate bill.
REPRESENTATIVE SUMNER appreciated the concern about the fiscal
impact; however, he said he didn't understand why Amendment 1
wouldn't be extended to elected officials if it applied to
election officials.
1:56:41 PM
REPRESENTATIVE GRAY asked how to ensure that elected officials
live in the district they represent if their address is
completely confidential.
REPRESENTATIVE ALLARD pointed out that a lot of information is
public. She opined that the proposed amendment would not impact
where elected officials live.
REPRESENTATIVE SUMNER clarified that addresses can be obscured
on the voter registration; however, it does not remove the
requirement to provide a physical address when registering.
SENATOR KIEHL confirmed that municipal clerks retain the ability
to know where a registered voter lives so as to assign them to
the correct precinct.
1:58:54 PM
CHAIR VANCE said she understood the need for confidentiality;
however, elected officials are no longer anonymous. She said
Alaska's communities are too small, and even with the address
protection program, people would still know where elected
officials live. She expressed a desire to support the original
intent of the bill, adding that elected officials choose to
expose themselves and their families to scrutiny and danger when
running for public office.
REPRESENTATIVE ALLARD disagreed with Representative Vance and
said she would continue to support Conceptual Amendment 1 to
Amendment 1 because when she leaves public office, she wants to
be protected.
2:02:02 PM
REPRESENTATIVE GRAY asked whether the proposed amendment would
apply to former elected officials.
REPRESENTATIVE SUMNER said yes, it was his intention for it to
apply to former elected officials.
REPRESENTATIVE GRAY opined that as someone whose child was
threatened last week, he wished his information was
confidential; however, he agreed with Chair Vance that someone
who wants to find an elected official's address will find it.
Further, he shared his belief that the intent of the bill is to
protect people in domestic violence situations with real threats
against their life.
CHAIR VANCE acknowledged that significant threats were made
against Representative Allard's family. She clarified that she
finds the practicality of remaining anonymous very difficult for
elected officials.
2:05:12 PM
A roll call vote was taken. Representatives Sumner and Allard
voted in favor of Conceptual Amendment 1 to Amendment 1.
Representatives Gray, Groh, and Vance voted against it.
Therefore, Conceptual Amendment 1 to Amendment 1 failed by a
vote of 2-3.
2:05:54 PM
REPRESENTATIVE GRAY explained that Amendment 1 would add
election officials to the category of protected people. He
referenced the 2020 election and a false accusation against an
election official that lead to threats against her life. He
said if the U.S. wants free and fair elections, people need to
be willing to work the elections.
CHAIR VANCE said she could not support Amendment 1 because this
particular program is for people who have experienced domestic
violence. Nonetheless, she thanked Representative Gray for
highlighting this concern and agreed that election workers are
needed to provide free and fair elections.
REPRESENTATIVE GRAY highlighted the difference between an
elected official and a poll worker and emphasized the importance
of ensuring their safety.
2:10:27 PM
REPRESENTATIVE ALLARD remarked, "Those election officials went
to the media, the press, urged people to vote -. said all their
names on file, on record, and on the TV." She said she would
not support Amendment 1 because [the election workers] made
themselves public even before the election.
2:10:48 PM
A roll call vote was taken. Representatives Gray and Groh voted
in favor of Amendment 1. Representatives Sumner, Allard, C.
Johnson, and Vance voted against it. Therefore, Amendment 1
failed by a vote of 2-4.
CHAIR VANCE opened public testimony on SB 12. After
ascertaining that no one wished to testify, she closed public
testimony.
2:12:16 PM
REPRESENTATIVE GRAY asked whether the participant's address is
somehow purged from places its already listed.
SENATOR KIEHL explained that the registry itself does not purge
anything and tends to be of greatest use to people who are
forced to "pick up stakes and start again." He explained that
police officers who buy a new home can create a trust to keep
that record from coming available on the Internet, but they
would not need to go to extroardinary lengths to do things like
register to vote or register their kids for school.
2:14:33 PM
REPRESENTATIVE ALLARD moved to report HCS CSSB 12(STA) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, HCS CSSB 12(STA) was
reported from the House Judiciary Standing Committee.