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.