Legislature(2003 - 2004)

02/17/2004 03:37 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
         SB 284-PF DIVIDEND APPLICATION RECORDS PRIVATE                                                                     
                                                                                                                              
CHAIR GARY STEVENS  announced SB 284 to be  up for consideration.                                                               
He asked Senator Guess to introduce her bill.                                                                                   
                                                                                                                                
SENATOR GRETCHEN  GUESS, sponsor  of SB  284, explained  that the                                                               
bill requires the  Permanent Fund Corporation to  provide a check                                                               
box  on  the permanent  fund  application  so the  applicant  can                                                               
choose to have their name and address kept private.                                                                             
                                                                                                                                
She  proposed the  legislation for  reasons of  safety and  basic                                                               
privacy and pointed out that  for victims of domestic violence it                                                               
is often  necessary to  shield their name  and address  to ensure                                                               
their  safety from  a batterer.  She used  police officers  as an                                                               
example of  other Alaskans  who may  not want  their names  to be                                                               
public  for safety  reasons. Another  reason for  introducing the                                                               
bill  is the  issue  of basic  privacy  because some  individuals                                                               
simply  don't   want  their  name   and  address  to   be  public                                                               
information. SB 284 helps to provide  safety to those who need it                                                               
and privacy to those who want it.                                                                                               
                                                                                                                                
SENATOR  GUESS noted  the Department  of  Revenue suggested  that                                                               
people who have safety or privacy  needs could use a post office,                                                               
but  that  costs  money  and it's  unreasonable  to  assume  that                                                               
someone  should  pay  for  his  or her  own  privacy.  The  other                                                               
drawback  to that  solution is  that  postal zip  codes in  small                                                               
communities  in particular  identify  specific  locations so  the                                                               
perception of anonymity may be false.                                                                                           
                                                                                                                                
In  response to  comments  from the  Department  of Revenue,  she                                                               
offered an amendment to include  local agencies to those that can                                                               
access records.  She explained that  page 1, line 12  would read,                                                               
"(1) to a  local, state or federal agency;" and  line 14 would be                                                               
deleted as a  corrective measure because she  never intended that                                                               
an  individual  could  change their  mind  about  confidentiality                                                               
between application periods.                                                                                                    
                                                                                                                                
CHAIR GARY STEVENS  remarked that her point on  post office boxes                                                               
in small communities is well taken.  He then asked her to comment                                                               
on why any  of this information should be made  available and why                                                               
anyone should have  a right to access information  taken from the                                                               
permanent fund application.                                                                                                     
                                                                                                                                
SENATOR GUESS explained  that the lists are used for  a number of                                                               
purposes and noted that she  has accessed the records for private                                                               
and  professional   reasons.  She  continued  to   say  that  her                                                               
philosophic attitude is to provide  options whenever possible and                                                               
SB 284 gives people the option  of keeping their name and address                                                               
private  or making  it public.  However, she  agreed to  consider                                                               
making the  list fully confidential if  that was the will  of the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR GARY STEVENS said the department  might be able to speak to                                                               
the  issue, but  he  questions why  the state  should  be in  the                                                               
business of  providing any  personal information  whatsoever. His                                                               
second question was how many people access this information.                                                                    
                                                                                                                                
SENATOR GUESS  advised the  entire database  is available  on the                                                               
Internet and the site might not mark hits.                                                                                      
                                                                                                                                
SENATOR HOFFMAN observed the list is used for jury pool.                                                                        
                                                                                                                                
SENATOR GUESS added  that the information is used  for jury pool,                                                               
child support enforcement and other matches.                                                                                    
                                                                                                                                
SENATOR HOFFMAN  made the point  that he would like  the database                                                               
to be unavailable  for the jury pool and  questioned whether that                                                               
should be clear in the bill.                                                                                                    
                                                                                                                                
SENATOR GUESS replied she would  consider that if he is committed                                                               
to the idea, but "It seems a small price to pay for jury duty."                                                                 
                                                                                                                                
SENATOR HOFFMAN rejoined, "Not in  Bethel." Because Bethel is the                                                               
service area  for 56 villages,  it's not uncommon for  someone to                                                               
remain on  the jury pool for  three months once their  name comes                                                               
up  and then  they  are  called again  the  next  year. This  has                                                               
stopped  some  people from  signing  up  for the  permanent  fund                                                               
dividend, he said.                                                                                                              
                                                                                                                                
CHAIR GARY  STEVENS asked if this  is the primary way  jury pools                                                               
are formed.                                                                                                                     
                                                                                                                                
SENATOR GUESS clarified  it is the only way. The  State of Alaska                                                               
doesn't use  voter registration information  as all  other states                                                               
do; it draws from the permanent fund application database only.                                                                 
                                                                                                                                
CHAIR GARY STEVENS called Sharon Barton forward.                                                                                
                                                                                                                                
SHARON  BARTON,  director,   Permanent  Fund  Dividend  Division,                                                               
Department  of  Revenue,  stated  that  they  have  not  taken  a                                                               
position on the  legislation because it is not  their business to                                                               
do  so. Nonetheless,  to  the  extent that  they  are able,  they                                                               
acknowledge that the sponsor's goal  of protecting the vulnerable                                                               
is worthy.                                                                                                                      
                                                                                                                                
The  division posts  just  names and  mailing  addresses and  she                                                               
acknowledged  that  frequently  that  is  the  person's  physical                                                               
address.  Given  the  option, the  division  believes  that  most                                                               
applicants would opt to keep their information private.                                                                         
                                                                                                                                
Because the  information has been  available on the  Internet for                                                               
several  years, they  don't have  a complete  list of  the users.                                                               
They  do know  that  government  agencies, Native  organizations,                                                               
process   servers,  private   business,  and   high  school   and                                                               
university students comprise a partial list.                                                                                    
                                                                                                                                
Logistically,  adding  a  check  box  to  the  application  isn't                                                               
problematic  and  because the  division  is  in  the midst  of  a                                                               
rewrite  of their  programs  and upgrade  of  their old  computer                                                               
system,  a request  for  an adjustment  is  timely. However,  the                                                               
caveat is that  implementation of the rewrite is  contingent on a                                                               
pending  CIP  [Capital  Improvement   Project]  request.  If  the                                                               
request  is  not funded  in  FY05,  accommodation would  be  more                                                               
difficult, but  they would work  with the Legislature  to achieve                                                               
the end.                                                                                                                        
                                                                                                                                
To explain  the fiscal  note, she said  about half  is associated                                                               
with  the  computer  change  and  most of  the  rest  relates  to                                                               
processing   garnishments  if   the  list   isn't  available   to                                                               
government agencies.  Finally, about $3,500 reflects  the cost of                                                               
making  changes for  applicants  throughout the  year. She  noted                                                               
that  implementing  the  proposed amendment  would  decrease  the                                                               
fiscal note by half.                                                                                                            
                                                                                                                                
CHAIR GARY  STEVENS asked if, in  her view, the check  box is the                                                               
best solution to protect the  privacy of violent crime victims in                                                               
particular.                                                                                                                     
                                                                                                                                
MS.  BARTON replied  this isn't  her area  of expertise,  but the                                                               
consensus in  the department is that  this would "be one  hole in                                                               
the dike that is plugged." Because  there are a number of sources                                                               
for addresses, this wouldn't solve the problem.                                                                                 
                                                                                                                                
CHAIR GARY STEVENS asked for an accounting of the other sources.                                                                
                                                                                                                                
MR.  BARTON  named  the  election database  and  those  that  are                                                               
available for purchase around the state.                                                                                        
                                                                                                                                
SENATOR HOFFMAN  asked whether it  wouldn't be preferable  to use                                                               
"and"  rather than  the conjunction  "or" when  referring to  the                                                               
different agencies.                                                                                                             
                                                                                                                                
CHAIR GARY  STEVENS asked  Senator Guess if  she objected  to the                                                               
suggestion.                                                                                                                     
                                                                                                                                
SENATOR GUESS  replied the  amendment hadn't  been moved  and she                                                               
had no objection.                                                                                                               
                                                                                                                                
SENATOR  HOFFMAN  asked  whether  the database  could  be  sorted                                                               
according to zip code, community or any other criteria.                                                                         
                                                                                                                                
MS.  BARTON  replied  the  information  is  on  the  Internet  so                                                               
individuals that  want to  sort the list  would have  to download                                                               
the information and use an  Excel program or something similar to                                                               
accomplish their goal.                                                                                                          
                                                                                                                                
MELISSA  WYATT  testified via  teleconference  to  read a  letter                                                               
relating  her  personal  domestic violence  story.  After  taking                                                               
numerous  steps to  ensure their  safety,  she and  her son  were                                                               
finally forced  to change names  and location to  free themselves                                                               
from "the man  who will kill us  if he finds us."  [Her letter is                                                               
available in the bill file.]                                                                                                    
                                                                                                                                
She asked  the committee  members whether she  and her  son might                                                               
some day be  able to collect the permanent  fund dividend without                                                               
endangering their  lives. She said  she no longer hides,  but she                                                               
must still be  prudent. She closed saying, "I doubt  that I'm the                                                               
only woman in this situation."                                                                                                  
                                                                                                                                
CHAIR  GARY STEVENS  thanked her  for her  moving testimony  then                                                               
asked whether she  would attempt to suppress her  name from other                                                               
databases.                                                                                                                      
                                                                                                                                
MS. WYATT  replied she guards her  personal information carefully                                                               
and isn't aware that she is on any other database.                                                                              
                                                                                                                                
JENNIFER RUDINGER, executive director  of the ACLU, testified via                                                               
teleconference  to  express  strong   support  for  SB  284.  She                                                               
recounted what  she learned  from a  privacy summit  she attended                                                               
several years ago.  She suggested that it is  astounding how many                                                               
ways personal  data is  available on line.  She urged  members to                                                               
pass SB  284 because it allows  people a choice, which  is a step                                                               
in the right direction.                                                                                                         
                                                                                                                                
The  ACLU doesn't  favor use  of a  post office  box because  you                                                               
shouldn't  have  to pay  a  fee  for  your privacy,  they  aren't                                                               
necessarily  convenient, and  the box  number indicates  the post                                                               
office where you receive your mail  so it's not as private as you                                                               
might want it to be. She  emphasized there are safety and privacy                                                               
reasons for the bill and they  would prefer that the check box be                                                               
an opt-in  rather than an opt-out.  Unless you check the  box, it                                                               
would be assumed that you don't want your information public.                                                                   
                                                                                                                                
CHAIR  GARY STEVENS  asked for  questions or  comments and  there                                                               
were none.  He asked Senator  Guess to make her  amendment number                                                               
1.                                                                                                                              
                                                                                                                                
SENATOR GUESS made a motion to amend  on page 1, line 12 to read,                                                               
"(1) to  a local, state and  federal agency;" and delete  line 14                                                               
on page 1.                                                                                                                      
                                                                                                                                
CHAIR GARY  STEVENS asked  if there was  any objection  and there                                                               
was none. He then asked if  there was any objection to moving the                                                               
CSSB  284(STA) forward.  There was  no  objection and  it was  so                                                               
ordered.                                                                                                                        

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