05/03/2002 01:15 PM House JUD

SB 238 - PUBLIC RECORDS: STATE SECURITY & SAFETY                                                                              
                                                                                                                                
Number 1654                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG  announced that  the next  order of business  would                                                              
be CS  FOR SENATE BILL  NO. 238(RLS), "An  Act exempting  from the                                                              
category  of  public  records  certain   records  and  information                                                              
relating to state  safety plans, programs, and  procedures, and to                                                              
systems,  facilities,   and  infrastructure  in  the   state;  and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
Number 1668                                                                                                                     
                                                                                                                                
CAROL CARROLL,  Director, Central Office, Administrative  Services                                                              
Division,  Department  of  Military &  Veterans'  Affairs  (DMVA),                                                              
said that  SB 238  is the  result of  the Disaster Policy  Cabinet                                                              
(DPC)  having  reviewed  the  statutes in  an  effort  to  improve                                                              
Alaska's security.   This analysis took place  after the terrorist                                                              
attacks of  September 11, 2001 ("9/11").   Senate Bill  238 amends                                                              
the public  records statute, which,  she noted, is  currently very                                                              
broad in  that the public  has access to  almost everything.   She                                                              
suggested that  the public  should continue  to have broad  access                                                              
to public documents  with very few exceptions, one  of which would                                                              
include,  under certain  circumstances,  the  type of  information                                                              
listed  in SB  238.   She  mentioned  that decisions  to  withhold                                                              
specific information can be appealed.                                                                                           
                                                                                                                                
Number 1775                                                                                                                     
                                                                                                                                
MICHAEL  G.  MITCHELL, Assistant  Attorney  General,  Governmental                                                              
Affairs  Section, Civil  Division (Anchorage),  Department of  Law                                                              
(DOL), in  response to questions,  echoed that there is  an appeal                                                              
process  by  which an  individual  or  group could  challenge  the                                                              
decision to  keep certain information  confidential.   He remarked                                                              
that in  defending such a  challenge, conceivably the  state would                                                              
use the  standards set  forth in  proposed subparagraphs  (A),(B),                                                              
and (C),  and describe  - in  general  terms - the  nature of  the                                                              
information  being withheld.   In response  to further  questions,                                                              
he noted  that the standards  in the aforementioned  subparagraphs                                                              
are similar to  existing standards, and that there  are a "handful                                                              
of cases" regarding  public records, but none that  pertain to the                                                              
proposed standards.                                                                                                             
                                                                                                                                
CHAIR ROKEBERG asked  whether blueprints of public  facilities are                                                              
protected.                                                                                                                      
                                                                                                                                
MS. CARROLL  indicated that passage  of SB 238 would  protect such                                                              
documents.                                                                                                                      
                                                                                                                                
CHAIR ROKEBERG closed the public hearing on SB 238.                                                                             
                                                                                                                                
Number 1984                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MEYER  moved  to   report  CSSB  238(RLS)  out  of                                                              
committee  with individual  recommendations  and the  accompanying                                                              
fiscal  notes.    There being  no  objection,  CSSB  238(RLS)  was                                                              
reported from the House Judiciary Standing Committee.