Legislature(2023 - 2024)BUTROVICH 205
03/08/2023 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB12 | |
| Presentation(s): Alaska Bar Rule 43.5 and the Community Justice Worker Program by Nikole Nelson, Executive Director Alaska Legal Services Corporation | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 12 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 12-ADDRESS CONFIDENTIALITY PROGRAM
1:32:28 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 12
"An Act relating to confidentiality of information; relating to
the duties of the Department of Administration; creating an
address confidentiality program; and providing for an effective
date."
[Before the committee was CSSB 12(STA), work order 33-LS0162/U]
SENATOR JESSE KIEHL, District B, Alaska State Legislature,
Juneau, Alaska, Sponsor of SB 12 paraphrased the sponsor
statement.
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. A person needs
an address to vote, drive, work and send children to
school. When an address shows up in a public record, a
person seeking safety from a stalker or abuser faces
unnecessary danger. Alaska law enforcement
professionals also face threats of retribution. An
address protection program gives those Alaskans a tool
to stay safe. Under SB 12, the state would retain a
post office box and confidentially forward mail to the
persons true address. He stressed that Alaskans with
a protective order, public safety professionals, and
their families deserve a chance to live safely.
SENATOR KIEHL shared the impetus for the proposed legislation
with a story about a former legislator who described her pre-
legislative work in victim services. He remarked that
participation in public life creates public records that often
contain an address.
Senator Tobin joined the hearing.
SENATOR KIEHL furthered that the proposed legislation provides
those with a protective order against a stalker or domestic
violence assailant the opportunity to use a State of Alaska post
office box. The victims official mail is forwarded to their
true mailing address with confidentiality protections. The bill
enables a victim to bypass the creation of a public record that
could lead an assailant to them.
SENATOR KIEHL stated that the bill also includes a provision for
Peace Officers and Correction Officers. The provision was
included in the bill because of an illegal online effort to
disclose police officer addresses and locations of their
childrens schools. He added that SB 12 does not have the power
to erase a presence from the internet. The bill language is
directed at cases where a person truly restarted their lives
after surviving domestic violence or has a career in public
safety. The address protection registry under SB 12 can be used
to keep families safe.
CHAIR CLAMAN asked about the sectional analysis and changes made
in the Senate State Affairs Standing Committee.
1:37:06 PM
ELLA ADKINSON, Staff for Senator Kiehl, Alaska State
Legislature, Juneau, Alaska provided a sectional analysis.
SB 12 version U: Address Protection
Sectional Analysis
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.
SENATOR KIEHL reviewed the changes in the committee substitute.
The root version of the bill placed strictures on the court
system for Peace Officer and Correctional Officer addresses. The
court system has a long-standing system of allowing police
officers to list their work address when they are asked to be in
court. Learning this prompted the removal of those provisions
from the bill. He mentioned another deletion of a protective
order that involves protecting minors and people with
disabilities from the financial dissipation of assets, which are
not safety concerns. Lastly, the changes fine-tuned the
definition of household members who might participate in the
registry.
Summary of Changes for SB 12 Bill Version B to U
1. Section 1, page 1 line 5-11 has been deleted
2. Section 2, page 1 line 12-page 2 line 11 has been
deleted
3. Section 3, page 2 line 12-page 3 line 2 has been
deleted
4. Section 4, page 3 line 3-16 has been deleted
5. Section 6(c)(3), page 4 line 30-31 has been deleted
6. Section 6(i)(4), page 6 line 18, has been amended,
removing "another individual" and replacing it with
"an individual enrolled in the program"
1:39:53 PM
CHAIR CLAMAN recalled concerns about the fiscal note in the
Senate State Affairs Standing Committee hearing on SB 12.
SENATOR KIEHL replied that the Department of Administration
refined their fiscal note. The fiscal impact to the bill relates
to personal services as the new program requires two staff
members.
SENATOR TOBIN was interested in the definition of Peace Officer.
She read that the definition includes United States Marshal. She
wondered if the program would apply to a federal law officer
commissioned as a state trooper.
1:41:32 PM
SENATOR KIEHL responded that the bill uses the broad definition
of the statutes in Title 1. He offered to provide concrete data
but believed that all police officers would qualify for the
program.
1:42:02 PM
SENATOR KAUFMAN asked about commercial mail forwarding services.
He wondered if a forwarding service might provide a different
option.
1:42:41 PM
SENATOR KIEHL responded that the bill addresses the minimal
provision of forwarding mail necessary to participate in public
life. He pointed out that the program does not serve as a
forwarding service for Amazon packages. The effort of the
legislation is to enable people to live life without creating
public records. He remarked that the legislation matches that of
41 other states. The precise implementation was left to the
Department of Administration who was unable to find a commercial
service that could offer the needed protection at this time.
SENATOR KAUFMAN appreciated the response. He has family members
who use commercial mail forwarding services, and he looked
forward to discussing it further with the sponsor offline.
1:45:08 PM
CHAIR CLAMAN moved to invited testimony.
1:45:27 PM
SUZI PEARSON, Director, Abused Women's Aid In Crisis, Anchorage,
Alaska, testified in support of SB 12. She stated that people
living in domestic violence shelters require alternative mail
options to protect safety.
1:47:08 PM
KEELEY OLSON, Director, Standing Together Against Rape,
Anchorage, Alaska, testified in support of SB 12. She mentioned
working with a similar program in Washington. The accessible
programs are available in up to 40 states nationwide. She
advocated for public servants and law enforcement officers.
1:49:34 PM
MICHAEL RADGOSKY, President, Police Officers Association,
Fairbanks, Alaska, testified in support of SB 12. He opined that
the proposed legislation benefits law enforcement officers. He
appreciated knowing that his loved ones at home are protected by
having their personal location secured from exposure.
1:50:24 PM
RANDY MCLELLAN, President, Alaska Correctional Officers
Association, Anchorage, Alaska, testified in support of SB 12.
He stated that Alaska had approximately 950 correctional
officers spread among 12 different facilities across the state.
He noted that physical assault and threats of harm against
correctional officers and their families are commonplace. He
stated that SB 12 helps ensure that correctional officers and
their families personal information remains private and
confidential.
1:51:32 PM
CHAIR CLAMAN opened public testimony on SB 12. After
ascertaining that no one in the room or online wished to
testify, he closed public testimony.
CHAIR CLAMAN held SB 12 in committee for further review.