Legislature(2009 - 2010)BELTZ 105 (TSBldg)
03/11/2010 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB63 | |
| SB278 | |
| SB190 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| = | SB 63 | ||
| = | SB 278 | ||
| = | SB 190 | ||
SB 190-BIOMETRIC INFORMATION FOR ID
10:08:46 AM
CHAIR MENARD announced the next order of business to come before
the committee would be SB 190.
SENATOR FRENCH moved to adopt the proposed committee substitute
(CS) for SB 190, labeled 26-LS0332\C, as the working document of
the committee. There being no objection, version C was before
the committee.
SENATOR WIELECHOWSKI said his office has worked to address
issues raised by committee members and industry.
MR. ASCOTT, aide to Senator Wielechowski, said the first change
in the committee substitute addresses the concerns of the
American Council of Life Insurance that the definition of
"biometric information" was overly broad. The language "an
individual's unique behavior or physiological characteristics
including" was deleted. Page 3, lines 6-8, amends AS 18.13.100
and says specifically what biometrics are: "fingerprints, hand
geometry, voice recognition, facial recognition, iris scan,
retinal scan, or DNA".
Page 2, lines 11-12 amends AS 18.13.010(2)(b) by adding
paragraph (6) reading: "for the collection of fingerprints when
specifically provided for by state statute." This allows the
state to continue fingerprinting in ways that already occur in
state statute.
10:11:47 AM
MR. ASCOTT said page 1, line 9 clarifies that the consent given
to turning over biometric information must be willing.
CHAIR MENARD asked if the other modifiers, "informed" and
"written" imply the same consent as "willing".
MS. TERRY BANISTER, attorney, Legal Services, said willingness
is suggested by "informed" and "written" but has a slightly
different meaning. She did not see the addition of "willing" as
being superfluous.
MR. ASCOTT said page 2, line 21 through page 3, line 4, of
Version C, removed the Class A misdemeanor for the unwilling
collection of biometric information and made it simply a private
right of action. It is still a misdemeanor for DNA. The Attorney
General's (AG's) office said this would make the fiscal note
zero because no further prosecutions would be caused by SB 190.
10:14:02 AM
SENATOR PASKVAN asked if the AG's office has the authority to
investigate, for example, if someone obtained broad categories
of Alaskan's information. The ability to investigate should not
be limited to a private right of action.
MR. ASCOTT said Anne Carpeneti, the liason for the AG's office,
has said the AG's office has some interest in SB 190 that they
would like to address in the judiciary committee.
SENATOR PASKVAN said he felt that the AG's powers should be
exercised if a private company came into Alaska and started
assembling information.
SENATOR WIELECHOWSKI said it is a great suggestion and SB 190
goes to judiciary next.
SENATOR FRENCH suggested something that gives the AG authority:
not "shall" but "may."
10:16:29 AM
CHAIR MENARD closed public testimony.
SENATOR PASKVAN said he likes SB 190 and felt providing the AG's
office with the ability to investigate would help to protect
Alaskan's right to privacy.
10:17:28 AM
SENATOR PASKVAN moved to report CS for SB 190 [26-LS0332\C] from
committee with individual recommendations and accompanying
fiscal notes. There being no objection CSSB 190(STA) moved from
the Senate State Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|