Legislature(2015 - 2016)BELTZ 105 (TSBldg)
03/09/2016 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB182 | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 182 | TELECONFERENCED | |
| + | SB 91 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 182-DNA TESTING EXEMPTION FOR GENEALOGY
1:42:16 PM
CHAIR MCGUIRE announced the consideration of SB 182.
1:42:34 PM
SENATOR COGHILL moved to adopt the committee substitute (CS) for
SB 182, labeled 29-LS1289\E, as the working document.
CHAIR MCGUIRE found no objection and version E was before the
committee.
1:43:02 PM
FORREST WOLFE, Staff, Senator Lesil McGuire, Alaska State
Legislature, introduced SB 182 on behalf of the sponsor
reading the following prepared testimony:
SB 182 has a very limited scope: to amend Alaska's
statutes to provide solid legal ground for an emerging
and increasingly popular new field known as genetic
genealogy.
When the Alaska Genetic Privacy Act was passed,
genetic genealogy was still in its infancy and nowhere
near as popular as it is today, thus this field was
not considered when crafting and enacting this
legislation.
Because of this, a problematic legal gray area has
arisen in this state that prevents genetic genealogy
companies from feeling comfortable conducting business
in Alaska. SB 182 rectifies this issue.
Genetic Genealogy must be participated in voluntarily,
and has many benefits for people seeking to trace
their ancestral lineage.
Online to provide more information on genetic
genealogy and answer any questions we have Bennett
Greenspan, President of Family Tree DNA.
We ask your support on this bill that makes Alaska a
better place to do business for a rapidly growing
industry and research field, and again, thank you for
hearing SB 182.
SENATOR COGHILL pointed out that the bill is in the exemption
section of the statute. Thus, it starts in the negative.
CHAIR MCGUIRE summarized that this bill carves out an exception
in AS 18.13.040 saying it does not apply to collection of a DNA
sample. She asked Mr. Greenspan to explain why Alaska law needs
this clarification.
BENNETT GREENSPAN, President and founder, Family Tree DNA,
Houston, Texas, testified in support of SB 182. He explained
that his company started out assisting families that were
looking for lost family members. Over the years, it morphed to a
company that also tests people to determine their genealogical
roots. They also do work in the adoption community as well as
trying to help children who want to reconnect with biological
family. He highlighted that in 2005 the National Geographic
Society selected his company to do their DNA testing, which
looks exclusively at human migration patterns around the world.
He described this as the soft side of genetics, essentially
helping people look into the history book that is written into
their cells, and nothing else.
He said SB 182 is necessary because the way the genetic privacy
statute is written, the DNA testing his company does could be
categorized with doctor-directed and medically ordered tests.
The cheek swab he uses could be considered a medical device and
regulated as such, even though Family Tree DNA does not perform
medical tests.
When the FDA addressed the subject of direct to consumer tests
in 2008 and 2009, it was trying to make sure that people don't
buy medical tests and get information on those tests online
rather than going to their medical doctor for an explanation. On
both occasions, the FDA said it wasn't interested in what Family
Tree DNA was doing. SB 182 would clarify the statute and provide
an exemption for genetic genealogy testing.
1:50:40 PM
CHAIR MCGUIRE noted that for many years the legislature declined
to allow DNA samples to be collected. During the Murkowski
administration, a bill passed allowing collection, but not
retention, of Buccal Swabs. There also was a specific
prohibition on medical use, with a few specific exceptions.
Civil and criminal penalties are attached for misuse of the DNA
results.
Family Tree DNA and other similar companies asked her to
introduce a clarifying measure and it seemed reasonable and
necessary. Alaskans and others are increasingly interested in
finding out more about their genetic genealogy.
1:53:03 PM
SENATOR WIELECHOWSKI read AS 18.13.010(a)(1) and questioned
whether this couldn't already be done with a disclosure
agreement.
MR. GREENSPAN said his concern is potentially being swept into
some action or case that he's not part of. He related that when
the bill passed in 2005, he estimates there were not more than
100,000 people worldwide that had done a DNA test for
genealogical and anthropological purposes. Today that number is
approaching 3 million, and counsel has pointed out the lack of
clarity in the statutes is a potential problem.
SENATOR WIELECHOWSKI asked if the bill would exempt Family Tree
DNA and similar companies from a cause of action if there were a
security breach.
MR. GREENSPAN discussed the measures his company employs to
ensure their system is secure and reiterated that they do not
look at medical issues. His interest is ensuring that people can
find out about their DNA and that he can operate in all 50
states knowing that what is permissible in one is permissible in
the others.
2:02:54 PM
SENATOR WIELECHOWSKI voiced interest in protecting Alaskans and
ensuring that there won't be an exemption if an organization is
reckless or negligent. He suggested that Legislative Legal
Services may be able to answer the questions.
MR. GREENSPAN stressed his interest in safety and privacy.
2:04:19 PM
SENATOR COSTELLO asked if a family that adopts a child from
China can request DNA testing.
MR. GREENSPAN answered in the affirmative describing efforts of
Vietnamese American and Korean American adults to locate lost
family. He noted that Alaska is uniquely progressive because it
has open birth records.
SENATOR COSTELLO asked if he and his competitors foresee federal
legislation relating to DNA testing for genealogical and
anthropological purposes.
MR. GREENSPAN related that just three companies in the U.S.
offer this type of DNA testing and Family Tree DNA is the only
company that offers the mitochondrial test. His two competitors
offer recombinant DNA testing, and his company allows those
people to move their records to the Family Tree DNA database for
genealogical purposes. He didn't know that there would ever be
one large database.
2:12:32 PM
SENATOR COGHILL asked if the Department of Justice ever
subpoenaed DNA information from his company.
MR. GREENSPAN said his company probably hasn't gotten those
requests because there is no chain of custody. He relies on what
his customers tell him about whose cheek scraping they're
sending and that may or may not be accurate.
SENATOR COGHILL commented that birth parents who don't want
contact after a closed adoption might be surprised if someone
did a DNA test and then showed up at their door.
MR. GREENSPAN agreed and added that each state regulates
adoptions a little differently.
2:17:10 PM
CHAIR MCGUIRE held SB 182 in committee for future consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB182 Sponsor Statement.pdf |
SJUD 3/9/2016 1:30:00 PM |
SB 182 |
| SB182 Supporting Documents-Family Tree DNA Letter.pdf |
SJUD 3/9/2016 1:30:00 PM |
SB 182 |
| SB182 ver H.PDF |
SJUD 3/9/2016 1:30:00 PM |
SB 182 |