Legislature(2023 - 2024)BUTROVICH 205

03/08/2023 01:30 PM Senate JUDICIARY

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Audio Topic
01:31:40 PM Start
01:32:28 PM SB12
01:55:44 PM Presentation(s): Alaska Bar Rule 43.5 and the Community Justice Worker Program by Nikole Nelson, Executive Director Alaska Legal Services Corporation
02:15:17 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Heard & Held
-- Invited & Public Testimony --
Presentation: Alaska Bar Rule 43.5 and the
Community Justice Worker Program by
Nikole Nelson, Executive Director
Alaska Legal Services Corporation
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
             SB  12-ADDRESS CONFIDENTIALITY PROGRAM                                                                         
1:32:28 PM                                                                                                                    
CHAIR CLAMAN  announced the consideration  of SENATE BILL  NO. 12                                                               
"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                                                               
[Before the committee was CSSB 12(STA), work order 33-LS0162/U]                                                                 
SENATOR  JESSE  KIEHL,  District  B,  Alaska  State  Legislature,                                                               
Juneau,  Alaska,  Sponsor  of  SB   12  paraphrased  the  sponsor                                                               
     SB  12  creates  an   address  protection  program  for                                                                    
     victims of sexual assault  and domestic violence, peace                                                                    
     officers   and   correctional   officers,   and   their                                                                    
     families.  Alaska is  one of  only nine  states without                                                                    
     any form of address  protection program. A person needs                                                                    
     an address  to vote, drive,  work and send  children to                                                                    
     school. When an address shows  up in a public record, a                                                                    
     person seeking  safety from a  stalker or  abuser faces                                                                    
     unnecessary    danger.     Alaska    law    enforcement                                                                    
     professionals  also  face  threats of  retribution.  An                                                                    
     address protection program gives  those Alaskans a tool                                                                    
     to stay  safe. Under  SB 12, the  state would  retain a                                                                    
     post office box and  confidentially forward mail to the                                                                    
     persons  true  address. He stressed that  Alaskans with                                                                    
     a  protective order,  public safety  professionals, and                                                                    
     their families deserve a chance to live safely.                                                                            
SENATOR  KIEHL shared  the impetus  for the  proposed legislation                                                               
with a  story about  a former legislator  who described  her pre-                                                               
legislative   work  in   victim   services.   He  remarked   that                                                               
participation in  public life creates  public records  that often                                                               
contain an address.                                                                                                             
Senator Tobin joined the hearing.                                                                                               
SENATOR KIEHL  furthered that  the proposed  legislation provides                                                               
those  with a  protective  order against  a  stalker or  domestic                                                               
violence assailant the opportunity to  use a State of Alaska post                                                               
office  box. The  victims  official  mail is  forwarded to  their                                                               
true mailing  address with confidentiality protections.  The bill                                                               
enables a victim  to bypass the creation of a  public record that                                                               
could lead an assailant to them.                                                                                                
SENATOR KIEHL stated that the  bill also includes a provision for                                                               
Peace  Officers  and  Correction   Officers.  The  provision  was                                                               
included  in the  bill because  of  an illegal  online effort  to                                                               
disclose  police   officer  addresses  and  locations   of  their                                                               
childrens  schools. He  added that SB 12 does not  have the power                                                               
to  erase a  presence from  the  internet. The  bill language  is                                                               
directed  at cases  where a  person truly  restarted their  lives                                                               
after  surviving domestic  violence  or has  a  career in  public                                                               
safety. The address  protection registry under SB 12  can be used                                                               
to keep families safe.                                                                                                          
CHAIR CLAMAN asked about the  sectional analysis and changes made                                                               
in the Senate State Affairs Standing Committee.                                                                                 
1:37:06 PM                                                                                                                    
ELLA   ADKINSON,   Staff   for  Senator   Kiehl,   Alaska   State                                                               
Legislature, Juneau, Alaska provided a sectional analysis.                                                                      
              SB 12 version U: Address Protection                                                                               
                       Sectional Analysis                                                                                       
         Sec. 1: Puts the program in the Department of                                                                        
     Sec. 2: Creates the program.                                                                                             
          (b)  requires a  Post Office  Box as  a substitute                                                                    
          mailing  address for  enrollees and  instructs the                                                                    
          department  to forward  mail  to participants.  It                                                                    
          charges    the    department    with    protecting                                                                    
          confidentiality   and   requires  regulations   to                                                                    
          govern enrollment and withdrawal.                                                                                     
          (c)  describes  eligible  participants  as  people                                                                    
          sheltered   by  a   protective  order   and  their                                                                    
          parents,   guardians,   children,  and   household                                                                    
          members.  It   also  admits  peace   officers  and                                                                    
          correctional officers.                                                                                                
          (d)  requires  state  and  municipal  agencies  to                                                                    
          accept the P.O. Box.                                                                                                  
          (e) describes the eligibility period.                                                                                 
          (f) forbids the department from charging a fee.                                                                       
          (g)  allows   access  to   confidential  addresses                                                                    
          subject to a search warrant.                                                                                          
          (h)    establishes   penalties    for   unlawfully                                                                    
          revealing a protected individual's address.                                                                           
          (i) defines certain terms.                                                                                            
     Sec.  3:  Establishes  a   transition  period  for  the                                                                  
     department  to  adopt   regulations  to  implement  the                                                                    
     Sec.  4:  Lets  the  department  begin  its  regulation                                                                  
     process immediately.                                                                                                       
     Sec. 5:  Sets an  effective date of  Jan. 1,  2024, for                                                                  
     the rest of the bill.                                                                                                      
SENATOR KIEHL  reviewed the changes in  the committee substitute.                                                               
The  root version  of the  bill  placed strictures  on the  court                                                               
system for Peace Officer and  Correctional Officer addresses. The                                                               
court  system  has  a long-standing  system  of  allowing  police                                                               
officers to list their work address  when they are asked to be in                                                               
court.  Learning this  prompted the  removal of  those provisions                                                               
from  the bill.  He mentioned  another deletion  of a  protective                                                               
order   that  involves   protecting   minors   and  people   with                                                               
disabilities from the financial  dissipation of assets, which are                                                               
not  safety   concerns.  Lastly,   the  changes   fine-tuned  the                                                               
definition  of household  members  who might  participate in  the                                                               
       Summary of Changes for SB 12  Bill Version B to U                                                                      
     1. Section 1, page 1 line 5-11 has been deleted                                                                            
     2. Section  2, page 1 line  12-page 2 line 11  has been                                                                    
     3. Section  3, page 2  line 12-page  3 line 2  has been                                                                    
     4. Section 4, page 3 line 3-16 has been deleted                                                                            
     5. Section 6(c)(3), page 4 line 30-31 has been deleted                                                                     
     6. Section 6(i)(4),  page 6 line 18,  has been amended,                                                                    
     removing  "another individual"  and  replacing it  with                                                                    
     "an individual enrolled in the program"                                                                                    
1:39:53 PM                                                                                                                    
CHAIR  CLAMAN recalled  concerns  about the  fiscal  note in  the                                                               
Senate State Affairs Standing Committee hearing on SB 12.                                                                       
SENATOR  KIEHL  replied  that the  Department  of  Administration                                                               
refined their fiscal note. The  fiscal impact to the bill relates                                                               
to  personal  services as  the  new  program requires  two  staff                                                               
SENATOR TOBIN was interested in  the definition of Peace Officer.                                                               
She read that the definition  includes United States Marshal. She                                                               
wondered  if the  program would  apply to  a federal  law officer                                                               
commissioned as a state trooper.                                                                                                
1:41:32 PM                                                                                                                    
SENATOR KIEHL responded  that the bill uses  the broad definition                                                               
of the statutes  in Title 1. He offered to  provide concrete data                                                               
but  believed that  all  police officers  would  qualify for  the                                                               
1:42:02 PM                                                                                                                    
SENATOR KAUFMAN asked about  commercial mail forwarding services.                                                               
He wondered  if a  forwarding service  might provide  a different                                                               
1:42:41 PM                                                                                                                    
SENATOR  KIEHL  responded that  the  bill  addresses the  minimal                                                               
provision of  forwarding mail necessary to  participate in public                                                               
life.  He pointed  out  that  the program  does  not  serve as  a                                                               
forwarding  service  for  Amazon  packages.  The  effort  of  the                                                               
legislation is  to enable  people to  live life  without creating                                                               
public records. He remarked that  the legislation matches that of                                                               
41  other states.  The  precise implementation  was  left to  the                                                               
Department of Administration who was  unable to find a commercial                                                               
service that could offer the needed protection at this time.                                                                    
SENATOR KAUFMAN  appreciated the response. He  has family members                                                               
who  use  commercial  mail forwarding  services,  and  he  looked                                                               
forward to discussing it further with the sponsor offline.                                                                      
1:45:08 PM                                                                                                                    
CHAIR CLAMAN moved to invited testimony.                                                                                        
1:45:27 PM                                                                                                                    
SUZI PEARSON, Director, Abused Women's  Aid In Crisis, Anchorage,                                                               
Alaska, testified  in support  of SB 12.  She stated  that people                                                               
living  in domestic  violence shelters  require alternative  mail                                                               
options to protect safety.                                                                                                      
1:47:08 PM                                                                                                                    
KEELEY   OLSON,  Director,   Standing   Together  Against   Rape,                                                               
Anchorage, Alaska, testified  in support of SB  12. She mentioned                                                               
working  with a  similar  program in  Washington. The  accessible                                                               
programs  are  available  in  up to  40  states  nationwide.  She                                                               
advocated for public servants and law enforcement officers.                                                                     
1:49:34 PM                                                                                                                    
MICHAEL   RADGOSKY,  President,   Police  Officers   Association,                                                               
Fairbanks, Alaska, testified in support  of SB 12. He opined that                                                               
the proposed  legislation benefits  law enforcement  officers. He                                                               
appreciated knowing that his loved  ones at home are protected by                                                               
having their personal location secured from exposure.                                                                           
1:50:24 PM                                                                                                                    
RANDY   MCLELLAN,   President,   Alaska   Correctional   Officers                                                               
Association, Anchorage,  Alaska, testified  in support of  SB 12.                                                               
He  stated   that  Alaska  had  approximately   950  correctional                                                               
officers spread  among 12 different facilities  across the state.                                                               
He  noted  that physical  assault  and  threats of  harm  against                                                               
correctional  officers and  their  families  are commonplace.  He                                                               
stated that  SB 12  helps ensure  that correctional  officers and                                                               
their   families   personal   information  remains   private  and                                                               
1:51:32 PM                                                                                                                    
CHAIR   CLAMAN  opened   public   testimony  on   SB  12.   After                                                               
ascertaining  that  no  one  in  the room  or  online  wished  to                                                               
testify, he closed public testimony.                                                                                            
CHAIR CLAMAN held SB 12 in committee for further review.                                                                        

Document Name Date/Time Subjects
SB 12 version U 3.1.2023.PDF SJUD 3/8/2023 1:30:00 PM
SJUD 3/15/2023 1:30:00 PM
SB 12
SB 12 Sponsor Statement version U 2.28.2023.pdf SJUD 3/8/2023 1:30:00 PM
SJUD 3/15/2023 1:30:00 PM
SB 12
SB 12 Sectional Analysis version U 2.28.2023.pdf SJUD 3/8/2023 1:30:00 PM
SJUD 3/15/2023 1:30:00 PM
SB 12
SB 12 Summary of Changes version B to version U 3.8.2023.pdf SJUD 3/8/2023 1:30:00 PM
SJUD 3/15/2023 1:30:00 PM
SB 12
SB 12 Supporting Document - Letters Received as of 2.8.2023.pdf SJUD 3/8/2023 1:30:00 PM
SB 12
SB 12 Fiscal Note DOA-SSOA 1.27.2023.pdf SJUD 3/8/2023 1:30:00 PM
SJUD 3/15/2023 1:30:00 PM
SB 12
SCO 1994 - Adopting Bar Rule 43.5 concerning waivers for non-lawyers trained and supervised by Alaska Legal Services Corporation 3.8.2023.pdf SJUD 3/8/2023 1:30:00 PM
Introduction to Proposed Bar Rule 43.5 3.8.2023.pdf SJUD 3/8/2023 1:30:00 PM
Alaska Legal Services Corporation Community Justice Worker Program Map Handout 3.8.2023.pdf SJUD 3/8/2023 1:30:00 PM
Alaska Legal Services Corporation Community Justice Worker Presentation to Senate Judiciary 3.8.2023.pdf SJUD 3/8/2023 1:30:00 PM