05/02/2001 05:17 PM Senate JUD

                                                                                                                                
                 SB 210-LIMITS ON RIGHT TO PRIVACY                                                                          
                                                                                                                              
SENATOR  PETE KELLY, bill  sponsor, testified  that the legislation                                                             
gives the court direction  in addressing issues in areas of privacy.                                                            
                                                                                                                                
CHAIRMAN  TAYLOR  asked  whether  Senator  Kelly  had  reviewed  the                                                            
amendment Senator Therriault had prepared.                                                                                      
                                                                                                                                
SENATOR KELLY  acknowledged he had  and he supported the  amendment.                                                            
                                                                                                                                
SENATOR THERRIAULT  moved draft  A.1 of amendment  1 for SB  210 for                                                            
the committee consideration.                                                                                                    
                                                                                                                                
CHAIRMAN  TAYLOR   explained  that   Section  1  provides   for  the                                                            
implementation of the right  to privacy within Alaska Statute 01.10.                                                            
In the beginning of the  statute books there is a general provisions                                                            
section  that  provides guidance  to  the  three branches  on  those                                                            
generic items  such as how to repeal  or affect an amendment.  These                                                            
general provisions  have an effect  on all the laws the legislature                                                             
passes as well as the interpretation  of those laws by the executive                                                            
and judicial  branches. Therefore,  if the  legislature is  amending                                                            
the statutes  to  provide for  the implementation  of  the right  to                                                            
privacy,   then  it  is   appropriate  to   provide  for  the   same                                                            
implementation  language  in the generic  section  of statutes  that                                                            
provide guidance to the executive and judicial branches.                                                                        
                                                                                                                                
He thanked  Senator Kelly  for bringing the  legislation before  the                                                            
committee and Senator Therriault for offering the amendment.                                                                    
                                                                                                                                
He  asked  for  further  discussion.   There  was  no  response  and                                                            
amendment 1 passed.                                                                                                             
                                                                                                                                
He then offered  the following as amendment 2: On  page 1, lines 4-5                                                            
strike the  words "to benefits  for unmarried  partners." On  line 6                                                            
strike  "extend to"  and insert "create".  Strike  the last word  on                                                            
line  6 and  all  of lines  7  and  8. On  line  6, after  the  word                                                            
"receive"  insert  "public  money, a  public  benefit,  or a  public                                                            
service. On  lines 13-14, strike "to  state funding for abortions."                                                             
On line 15, strike the  words "extend to" and insert "create". After                                                            
the word "receive" strike  "state funding" and insert "public money,                                                            
a public  benefit, or a public  service." On  page 2, line  1 strike                                                            
"for abortion."                                                                                                                 
                                                                                                                                
SENATOR KELLY  said he understood  the amendment. He added  that, in                                                            
light of  the Duke  Law Review finding  the Alaska  Courts the  most                                                            
liberal in  the United States,  there is no  way to anticipate  what                                                            
the courts will do when  it comes to implementing social change that                                                            
he finds unacceptable.                                                                                                          
                                                                                                                                
The  language  inserted  in amendment  2  is  less specific  but  it                                                            
anticipates "further outrages by the court."                                                                                    
                                                                                                                                
CHAIRMAN  TAYLOR called for  additional discussion  or objection  to                                                            
amendment 2 and received no response.                                                                                           
                                                                                                                                
There being no objection, amendment 2 passed.                                                                                   
                                                                                                                                
There being no additional testimony, he asked for a motion.                                                                     
                                                                                                                                
SENATOR  COWDERY  moved SB  210,  as amended,  from  committee  with                                                            
individual recommendations.                                                                                                     
                                                                                                                                
There being  no objection, CSSB 210(JUD)  moved from committee  with                                                            
individual recommendations.