Legislature(2009 - 2010)BELTZ 105 (TSBldg)

03/11/2010 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 63 TRANSFER RESTRICTIONS ON TRUSTS
Moved CSSB 63(STA) Out of Committee
= SB 278 LEAVE FOR MILITARY SPOUSES
Moved CSSB 278(STA) Out of Committee
= SB 190 BIOMETRIC INFORMATION FOR ID
Moved CSSB 190(STA) Out of Committee
              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