Legislature(2021 - 2022)BUTROVICH 205
03/14/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| SB115 | |
| SB161 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 115 | TELECONFERENCED | |
| + | SB 161 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 189 | TELECONFERENCED | |
SB 115-ADDRESS CONFIDENTIALITY PROGRAM
1:55:51 PM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of SENATE BILL NO. 115 "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."
CHAIR HOLLAND noted that this was the first hearing and
recognized Senator Kiehl as the sponsor.
1:56:12 PM
SENATOR KIEHL, speaking as sponsor of SB 115, explained that the
bill was prompted by two stories. A former legislator told a
story about helping a domestic violence survivor who moved to
Alaska. She went to get her mail from her US Post Office (USPO)
box, and her abuser was waiting outside the USPO. He had somehow
tracked down her address. Second, a friend who is a law
enforcement officer fears for his family's safety. He stated
that law enforcement officers must deal with people who behave
in horrible ways, sometimes threatening revenge on them.
1:58:01 PM
SENATOR KIEHL paraphrased the sponsor statement.
SB 115 creates an address confidentiality program to
protect survivors of sexual assault and domestic
violence, as well as for peace officers and
correctional officers.
Forty-one states have some form of address
confidentiality program. They are so widespread
because there's real needan address is essential to
vote, drive, work, and so much more. But having an
address in a public record makes a person vulnerable
to an abuser or someone seeking to do harm. Alaskans
who have survived relationship or sexual violence
deserve a way to participate in society safely. So do
Alaskans who work in law enforcement and face threats
of retribution. An address confidentiality program
minimizes the chances they will be found by someone
who wishes them harm.
Under SB 115, the state would keep a Post Office Box
and confidentially forward mail to public safety
professionals and Alaskans under a protective order.
These Alaskans deserve a chance to live safely.
1:59:01 PM
SENATOR KIEHL explained that in some states the function to
forward mail and keep the victim or individual's home address
confidential is housed in the lieutenant governor or Secretary
of State's office. Often, voter registration addresses are the
primary public record that might reveal a person's physical
address. Other states house their programs within the Department
of Law or District Attorney equivalents as part of victim-
witness services. SB 115 proposes to put this program in the
Department of Administration because Shared Services of Alaska
already operates a central mail system and has the
infrastructure in place.
1:59:26 PM
SENATOR KIEHL reviewed the mechanics of the bill. In addition to
adjusting a few rules for the Alaska Court System to ensure that
these addresses do not inadvertently appear in a public court
file, it would create the program and give the Department of
Administration a significantly different scope of that program
by regulation. The regulations indicate that most states only
forward first-class, registered, and certified mail, so catalogs
and magazines will not be forwarded. He highlighted that a voter
requesting a mail ballot would have their ballot forwarded, but
campaign mail would not be forwarded since it is third-class
mail. He related that he has worked with the Department of
Administration, law enforcement, Department of Corrections, and
victims' advocates. He indicated that he had heard no opposition
to the bill. He urged members to support SB 115 to provide an
extra safety measure for survivors, law enforcement, and
correctional officers.
CHAIR HOLLAND noted that there was a committee substitute (CS
for the committee to consider.
2:01:15 PM
SENATOR MYERS moved to adopt the committee substitute (CS) for
SB 115, work order 32-LS0380\G, as the working document.
CHAIR HOLLAND objected for discussion purposes.
2:01:52 PM
EDRIC CARRILLO, Staff, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska, on behalf of the sponsor, stated
that there were two technical changes from Version I to Version
G. Section 6, subsection (h), establishes the penalty for
disclosing confidential information of enrollees in the mail
forwarding program as a class B misdemeanor. The original bill,
Version I, inadvertently omitted a peace officer and a
correctional officer from the list of eligible enrollees listed
in subsection (c) (4) and (5), and Version G includes them, so
the penalty provision would apply if someone disclosed their
confidential information.
MR. CARRILLO related the last change in Section 9 would update
the effective date to February 1, 2023, instead of 2022.
2:02:56 PM
SENATOR HUGHES said she liked protecting survivors of sexual
assault and domestic violence. She commended the police officers
and correctional officers who provide public safety in Alaska.
She asked for the impact this bill would have. She wondered how
many peace officers and correctional officers would be affected
by the bill.
2:03:45 PM
CHAIR HOLLAND removed his objection; he found no further
objection and Version G was adopted. He asked Senator Kiehl to
respond to the question.
2:04:08 PM
SENATOR KIEHL responded that the Department of Administration
had difficulty estimating the figures. He indicated that he
reviewed other states' programs. He noted that Vermont and
Arizona did not include peace or correctional officers. He
estimated that the registry would probably serve 700 to 900
Alaskans at full implementation. He noted that number is less
than the total number of correctional or law enforcement
officers in the state, in part, because these registries are not
helpful for everyone. For example, law enforcement officers with
a significant social media presence, such as a Facebook page or
Instagram account showing photographs of their family taken in
their front yard would not benefit. New officers who heed the
advice of the Alaska State Trooper Training Academy to protect
themselves and their families by avoiding using social media or
other online locations may find the program helpful. A
comparatively small number of those experiencing domestic
violence feel so threatened that they must relocate and start
their new lives elsewhere. Those survivors are the ones who will
use this program and benefit from it.
2:06:31 PM
SENATOR HUGHES stated that victims are in situations through no
fault of their own, so it makes sense for the state to help
them. She offered her view that judges, school principals,
teachers, or lawmakers may also want that protection. She
wondered if people could keep their physical addresses private
by using a USPO box.
SENATOR KIEHL agreed that most people would obtain sufficient
privacy by getting a USPO box. He offered his view that very few
lawmakers would feel the need to go to this level of privacy
protection. He was not aware of other states that include law
enforcement or correctional officers in this level of privacy.
Individuals who seek revenge on law enforcement or correctional
officers or perpetrators who engage in stalking go beyond an
angry afternoon of heckling. These people pose a danger. While
the registry could be expanded, most people would not find it
helpful since they are not subject to the threats that those who
arrest criminals or keep them imprisoned face.
2:09:12 PM
SENATOR HUGHES wondered how mail from online stores, such as
Amazon, would be handled for law enforcement officers who had
concerns and elected to have their mail forwarded. She related
some people with bad intentions could hack their mail.
SENATOR HUGHES surmised that the volume of mail the state might
be paying to redeliver could be considerable if people solely
relied on the state to forward their mail.
SENATOR KIEHL responded that most states forward mail pertaining
to non-commercial transactions, such as property taxes, voting
registration, any court documents, and certified mail. However,
the government would not forward mail or packages from online
stores or retailers, including Amazon. He emphasized that this
relates to public records, so it would be a separate issue if an
abuser or criminal were to hack commercial websites or
accomplish major data breaches. He explained that the stalkers
that this bill addresses are domestic violence abusers, and most
of them don't have high-level hacking skills to pose threats.
2:11:46 PM
SENATOR HUGHES pointed out that other professions, including
prosecutors and tax auditors could suffer from retribution. They
may wish to get USPO boxes.
2:12:05 PM
CHAIR HOLLAND noted that Senator Shower had joined the meeting
via teleconference.
SENATOR SHOWER confirmed that he was participating via
teleconference.
CHAIR HOLLAND asked whether the regulations would identify the
type of mail to be forwarded.
2:12:44 PM
SENATOR KIEHL answered yes.
2:12:47 PM
SENATOR MYERS asked if state employees would deliver the mail.
SENATOR KIEHL answered that state employees would bundle the
forwarded mail in a single envelope or package and remail it to
the participants' address.
2:13:38 PM
SENATOR MYERS referred to the public records, noting that under
the Real ID Act of 2005, citizens are required to obtain a Real
ID and, to do so, must provide proof of address. He asked
whether this bill would be Real ID compliant.
2:14:12 PM
MR. CARRILLO responded that the state and municipalities would
be required to accept the USPO box.
SENATOR MYERS asked whether the federal government would accept
the USPO box to meet the Real ID requirements.
SENATOR KIEHL noted that the division did not raise that issue.
However, he offered to research this through the Division of
Motor Vehicles and respond to the committee.
CHAIR HOLLAND asked him to repeat the question.
2:14:59 PM
SENATOR MYERS asked whether the federal government would accept
the USPO box as proof of residence.
2:15:34 PM
SENATOR MYERS noticed the bill makes it a crime to disclose
someone's physical address. AS 44.21.022(h)(2) reads, "is not
authorized to access the address confidentiality program
database and knowingly discloses the information to the
respondent of a protective order." He asked why the bill doesn't
make it a crime to access the database when the person is not
authorized to access it.
SENATOR KIEHL responded that the difference was related to the
mental state for the disclosure. He explained that someone at
the department giving the information to someone who is not
allowed to have it would be guilty of a more serious crime than
someone who happens upon the information but knows the person is
protected yet still allows the information to be released. The
bill treats the release of information in different levels of
severity.
2:17:15 PM
CHAIR HOLLAND asked Senator Shower if he had any questions.
2:17:26 PM
SENATOR SHOWER answered that he had no questions. He related
that he previously heard the bill in the Senate State Affairs
committee and it made sense to him.
SENATOR KIEHL thanked the committee for hearing the bill.
CHAIR HOLLAND held SB 115 in committee.
2:18:09 PM
CHAIR HOLLAND brought SB 115 back before the committee.
2:18:20 PM
CHAIR HOLLAND opened public testimony on SB 115; hearing none,
he closed public testimony.
2:18:41 PM
CHAIR HOLLAND held SB 115 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| David Ross Resume 2021_Redacted.pdf |
SJUD 3/14/2022 1:30:00 PM |
|
| David Ross Application_Redacted.pdf |
SJUD 3/14/2022 1:30:00 PM |
|
| Lonzo Henderson- Board Application_Redacted.pdf |
SJUD 3/14/2022 1:30:00 PM |
|
| Lonzo Henderson Resume_Redacted.pdf |
SJUD 3/14/2022 1:30:00 PM |
|
| Mae Marsh-Prax Board Application_Redacted.pdf |
SJUD 3/14/2022 1:30:00 PM |
|
| Mae Marsh-Prax Hum.Rights Resume_Redacted.pdf |
SJUD 3/14/2022 1:30:00 PM |
|
| SB115 Sponsor Statement 05.06.21.pdf |
SJUD 3/14/2022 1:30:00 PM SSTA 2/17/2022 3:30:00 PM |
SB 115 |
| SB115 Sectional Analysis 04.07.21.pdf |
SEDC 3/14/2022 1:30:00 PM SJUD 3/14/2022 1:30:00 PM SSTA 5/6/2021 3:30:00 PM |
SB 115 |
| SB115 ver G.pdf |
SJUD 3/14/2022 1:30:00 PM |
SB 115 |
| SB 161 Sponsor Statement 1.26.2022.pdf |
SEDC 3/14/2022 1:30:00 PM SJUD 3/14/2022 1:30:00 PM SSTA 2/17/2022 3:30:00 PM |
SB 161 |
| SB 161 Sectional Analysis version A 1.26.2022.pdf |
SEDC 3/14/2022 1:30:00 PM SJUD 3/14/2022 1:30:00 PM SSTA 2/17/2022 3:30:00 PM |
SB 161 |
| SB 161 Research Parties on Presidential Ballots 1.26.2022.pdf |
SEDC 3/14/2022 1:30:00 PM SJUD 3/14/2022 1:30:00 PM SSTA 2/17/2022 3:30:00 PM |
SB 161 |
| SB 161 Research Graph 1.26.2022.pdf |
SEDC 3/14/2022 1:30:00 PM SJUD 3/14/2022 1:30:00 PM SSTA 2/17/2022 3:30:00 PM |
SB 161 |