05/07/2004 06:40 PM House JUD

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled

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ALASKA STATE LEGISLATURE HOUSE JUDICIARY STANDING COMMITTEE May 7, 2004 6:40 p.m. MEMBERS PRESENT Representative Lesil McGuire, Chair Representative Tom Anderson, Vice Chair Representative Jim Holm Representative Dan Ogg Representative Ralph Samuels Representative Les Gara Representative Max Gruenberg MEMBERS ABSENT All members present COMMITTEE CALENDAR CS FOR SENATE BILL NO. 338(STA) "An Act relating to actionable claims against state employees; and providing for an effective date." - MOVED CSSB 338(STA) OUT OF COMMITTEE CS FOR SENATE BILL NO. 179(FIN) "An Act relating to criminal history records and background checks; allowing persons to teach in the public schools for up to five months without a teaching certificate if the person has applied for a certificate and the application has not been acted upon by the Department of Education and Early Development due to a delay in receiving criminal history records; allowing teacher certification for certain persons based on a criminal history background check without fingerprints; and providing for an effective date." - MOVED HCS CSSB 179(JUD) OUT OF COMMITTEE; ADOPTED A HOUSE CONCURRENT RESOLUTION ALLOWING THE TITLE CHANGE CS FOR SENATE BILL NO. 217(JUD) "An Act relating to genetic privacy." - HEARD AND HELD CS FOR SENATE BILL NO. 284(FIN) am "An Act making information on a permanent fund dividend application, other than the applicant's name, confidential, and relating to disclosure of that confidential information; and relating to confidential information in voter registration records." - MOVED HCS CSSB 284(JUD) OUT OF COMMITTEE CS FOR SENATE BILL NO. 219(JUD) am "An Act relating to offenses against unborn children." - SCHEDULED BUT NOT HEARD CS FOR SENATE BILL NO. 269(CRA) "An Act relating to access to library records, including access to the library records of a child by a parent or guardian." - SCHEDULED BUT NOT HEARD CS FOR SENATE BILL NO. 354(STA) am(efd fld) "An Act relating to complaints filed with, and investigations, hearings, and orders of, the State Commission for Human Rights; and making conforming amendments." - SCHEDULED BUT NOT HEARD PREVIOUS COMMITTEE ACTION BILL: SB 338 SHORT TITLE: CLAIMS AGAINST STATE EMPLOYEES SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR 02/16/04 (S) READ THE FIRST TIME - REFERRALS 02/16/04 (S) STA, JUD 03/11/04 (S) STA AT 3:30 PM BELTZ 211 03/11/04 (S) Heard & Held 03/11/04 (S) MINUTE(STA) 03/18/04 (S) STA AT 3:30 PM BELTZ 211 03/18/04 (S) Moved CSSB 338(STA) Out of Committee 03/18/04 (S) MINUTE(STA) 03/19/04 (S) STA RPT CS 4NR NEW TITLE 03/19/04 (S) NR: STEVENS G, HOFFMAN, COWDERY, GUESS 03/24/04 (S) JUD AT 8:00 AM BUTROVICH 205 03/24/04 (S) Moved CSSB 338(STA) Out of Committee 03/24/04 (S) MINUTE(JUD) 03/24/04 (S) JUD RPT CS(STA) 3DP 2NR 03/24/04 (S) DP: SEEKINS, THERRIAULT, ELLIS; 03/24/04 (S) NR: FRENCH, OGAN 04/13/04 (S) TRANSMITTED TO (H) 04/13/04 (S) VERSION: CSSB 338(STA) 04/14/04 (H) READ THE FIRST TIME - REFERRALS 04/14/04 (H) JUD 04/26/04 (H) JUD AT 1:00 PM CAPITOL 120 04/26/04 (H) -- Meeting Canceled -- 04/28/04 (H) JUD AT 1:00 PM CAPITOL 120 04/28/04 (H) -- Meeting Canceled -- 05/03/04 (H) JUD AT 1:00 PM CAPITOL 120 05/03/04 (H) Scheduled But Not Heard 05/05/04 (H) JUD AT 1:00 PM CAPITOL 120 05/05/04 (H) Scheduled But Not Heard 05/06/04 (H) JUD AT 3:00 PM CAPITOL 120 05/06/04 (H) Scheduled But Not Heard 05/07/04 (H) JUD AT 6:15 PM CAPITOL 120 BILL: SB 179 SHORT TITLE: CRIMINAL BACKGROUND CHECKS/TEACHERS SPONSOR(S): SENATOR(S) THERRIAULT 04/08/03 (S) READ THE FIRST TIME - REFERRALS 04/08/03 (S) HES, FIN 04/16/03 (S) HES AT 1:30 PM BUTROVICH 205 04/16/03 (S) Moved CSSB 179(HES) Out of Committee 04/16/03 (S) MINUTE(HES) 05/10/03 (S) HES RPT CS 2DP 1NR NEW TITLE 05/10/03 (S) DP: DYSON, WILKEN; NR: DAVIS 05/13/03 (S) FIN AT 8:00 AM SENATE FINANCE 532 05/13/03 (S) <Above Item Removed from Agenda> 03/08/04 (S) FIN AT 9:00 AM SENATE FINANCE 532 03/08/04 (S) Moved CSSB 179(FIN) Out of Committee 03/08/04 (S) MINUTE(FIN) 03/08/04 (S) FIN RPT CS 5DP 2NR NEW TITLE 03/08/04 (S) DP: GREEN, WILKEN, DYSON, BUNDE, 03/08/04 (S) STEVENS B; NR: HOFFMAN, OLSON 03/15/04 (S) TRANSMITTED TO (H) 03/15/04 (S) VERSION: CSSB 179(FIN) 03/16/04 (H) READ THE FIRST TIME - REFERRALS 03/16/04 (H) EDU, HES, JUD 03/23/04 (H) EDU AT 11:00 AM CAPITOL 124 03/23/04 (H) Moved Out of Committee 03/23/04 (H) MINUTE(EDU) 03/24/04 (H) EDU RPT 4DP 1NR 1AM 03/24/04 (H) DP: WILSON, OGG, SEATON, GATTO; 03/24/04 (H) NR: KAPSNER; AM: WOLF 04/20/04 (H) HES AT 2:00 PM CAPITOL 106 04/20/04 (H) Moved HCS CSSB 179(HES) Out of Committee 04/20/04 (H) MINUTE(HES) 04/27/04 (H) HES AT 3:00 PM CAPITOL 106 04/27/04 (H) Moved CSSB 179(FIN) Out of Committee 04/27/04 (H) MINUTE(HES) 04/28/04 (H) HES RPT 2DP 3NR 04/28/04 (H) DP: SEATON, GATTO; NR: COGHILL, WOLF, 04/28/04 (H) WILSON 05/03/04 (H) JUD AT 1:00 PM CAPITOL 120 05/03/04 (H) Heard & Held 05/03/04 (H) MINUTE(JUD) 05/05/04 (H) JUD AT 1:00 PM CAPITOL 120 05/05/04 (H) Scheduled But Not Heard 05/06/04 (H) JUD AT 3:00 PM CAPITOL 120 05/06/04 (H) Scheduled But Not Heard 05/07/04 (H) JUD AT 6:15 PM CAPITOL 120 BILL: SB 217 SHORT TITLE: GENETIC PRIVACY SPONSOR(S): SENATOR(S) OLSON 05/09/03 (S) READ THE FIRST TIME - REFERRALS 05/09/03 (S) HES, JUD 01/28/04 (S) HES AT 1:30 PM BUTROVICH 205

01/28/04 (S) Moved CSSB 217 (HES) Out of Committee

01/28/04 (S) MINUTE(HES)

01/30/04 (S) HES RPT CS 1DP 1NR 2AM NEW TITLE

01/30/04 (S) DP: DYSON; NR: GUESS;

01/30/04 (S) AM: GREEN, WILKEN 02/06/04 (S) JUD AT 8:00 AM BUTROVICH 205 02/06/04 (S) Heard & Held 02/06/04 (S) MINUTE(JUD) 02/18/04 (S) JUD AT 8:00 AM BUTROVICH 205 02/18/04 (S) Scheduled But Not Heard 02/25/04 (S) JUD AT 8:00 AM BUTROVICH 205 02/25/04 (S) Heard & Held 02/25/04 (S) MINUTE(JUD) 03/03/04 (S) JUD AT 8:00 AM BUTROVICH 205 03/03/04 (S) Moved CSSB 217(JUD) Out of Committee 03/03/04 (S) MINUTE(JUD) 03/04/04 (S) JUD RPT CS 1DP 3NR NEW TITLE 03/04/04 (S) LETTER OF INTENT WITH JUD REPORT 03/04/04 (S) NR: SEEKINS, THERRIAULT, OGAN; 03/04/04 (S) DP: FRENCH 05/03/04 (S) TRANSMITTED TO (H) 05/03/04 (S) VERSION: CSSB 217(JUD) 05/04/04 (H) READ THE FIRST TIME - REFERRALS 05/04/04 (H) JUD 05/05/04 (H) JUD AT 1:00 PM CAPITOL 120 05/05/04 (H) Scheduled But Not Heard 05/06/04 (H) JUD AT 3:00 PM CAPITOL 120 05/06/04 (H) Scheduled But Not Heard 05/07/04 (H) JUD AT 6:15 PM CAPITOL 120 BILL: SB 284 SHORT TITLE: VOTER AND PERM FUND APP RECORDS PRIVATE SPONSOR(S): SENATOR(S) GUESS

01/28/04 (S) READ THE FIRST TIME - REFERRALS

01/28/04 (S) STA, FIN WITNESS REGISTER GAIL VOIGTLANDER, Chief Assistant Attorney General Statewide Section Supervisor Torts and Worker's Compensation Section Civil Division (Anchorage) Department of Law (DOL) Anchorage, Alaska POSITION STATEMENT: Presented ACTION NARRATIVE TAPE 04-80, SIDE A Number 0001 CHAIR LESIL McGUIRE called the House Judiciary Standing Committee meeting, which had been recessed on 5/6/04, back to order at [6:40 p.m., stated as 6:50 p.m.]. Representatives McGuire, Ogg, Samuels, and Gara were present at the call back to order. Representatives Anderson, Holm, and Gruenberg arrived as the meeting was in progress. SB Number 0039 CHAIR McGUIRE announced that the first order of business would be CS FOR SENATE BILL NO. 338(STA), "An Act relating to actionable claims against state employees; and providing for an effective date." Number 0073 GAIL VOIGTLANDER, Chief Assistant Attorney General, Statewide Section Supervisor, Torts and Worker's Compensation Section, Civil Division (Anchorage), Department of Law (DOL), explained that CSSB start of a lawsuit, to dismiss individually named state employees and substitute the state as the defendant. As a result, individual state employees would no longer be defendants in an action, and so they won't have to be concerned that their personal assets will be placed in jeopardy because of litigation that arises out of the scope of their employment. She noted that the Public Safety Employees Association (PSEA) has provided a letter of support for 338(STA), it to the public in a tort action. MS. VOIGTLANDER concurred with Representative Gara's understanding. Once the state is substituted as the defendant, whatever defense the state has can be pled in the case. She noted that there is a category of cases that do not go through the aforementioned certification process, and those include cases involving civil rights claims pursuant to federal law under [42 U.S.C. Sec. 1983]. REPRESENTATIVE GARA said he thinks SB [Contains adoption of what would become known as SB Number 1520 CHAIR McGUIRE indicated that the next order of business would be CS FOR SENATE BILL NO. 217(JUD), "An Act relating to genetic privacy." Number 1539 SENATOR DONNY OLSON, Alaska State Legislator, sponsor, by way of presenting SB useful DNA (deoxyribonucleic acid) identification has been for law enforcement and in paternity disputes. He remarked, though, that he is very concerned about genetic privacy because, currently, state laws restrict access to medical records but not to genetic information; SB biotechnology in DNA analysis while also giving Alaskans the right to keep their genetic information private. REPRESENTATIVE SAMUELS asked Senator Olson whether there were any possible exceptions that he considered but did not include in the bill. SENATOR OLSON indicated that there weren't, and highlighted the exceptions currently listed in the bill. He noted that requires informed consent before someone can collect, distribute, or use a person's genetic information. REPRESENTATIVE OGG asked whether SB Number 2021 CHAIR McGUIRE announced that the final order of business would be CS FOR SENATE BILL NO. 284(FIN) am, "An Act making information on a permanent fund dividend application, other than the applicant's name, confidential, and relating to disclosure of that confidential information; and relating to confidential information in voter registration records." Number 2048 SENATOR GRETCHEN GUESS, Alaska State Legislature, sponsor, indicated that SB application information, except for an applicant's name, is kept private with certain exceptions: (1) to a local, state, or federal government agency; (2) in compliance with a court order; (3) to the individual or agency who files an application on behalf of another; (4) to a banking institution to verify the direct deposit of a permanent fund dividend or correct an error in that deposit; and (5) as directed to do so by the applicant SENATOR GUESS relayed that through the committee process, was changed such that the current version also makes much of the information on voter registration records confidential, information such as: (1) the voter's age or date of birth; (2) the voter's social security number, or any part of that number; (3) the voter's driver's license number; (4) the voter's voter identification number; (5) the voter's place of birth; (6) the voter's signature The committee took an at-ease from 7:25 p.m. to 7:26 p.m. SENATOR GUESS pointed out that the current version of also allows a person to request that his/her residential address be kept confidential if he/she provides a different mailing address. The latter will accommodate victims of domestic violence who wish to keep their residential address confidential. She noted, however, that the bill also contains exceptions wherein confidential voter registration information may be disclosed, such as in situations involving elections. SENATOR GUESS offered her belief that when people fill out a PFD application, they do not realize that their name and address may be disclosed to the public. Although there are instances in which such information should be disclosed, it would be better public policy, she opined, if this information were kept confidential with only few exceptions. She noted that the provisions pertaining to PFD application information will apply to applications for the 2005 PFD. She mentioned that she would be willing to work during the interim with the people who have concerns with the bill, so long as its intent is maintained, that intent being that this information shouldn't be public except that access to it may be part of the governmental process. She indicated that she doesn't have any problems with a proposed amendment that members have before them. Number 2194 REPRESENTATIVE SAMUELS directed attention to Section 1, subsection (b), and asked whether it could generate problems such as allowing people to vote in one district though they are registered in another. SENATOR GUESS said she did not think so because although a person has the option of keeping residential address information from the public, it is still required on the voter registration form. The Division of Elections is still going to have the residential addresses of voters, and it will still have to verify where voters live. She mentioned, however, that the bill might impact the information a candidate gets about voters in his/her district. REPRESENTATIVE GARA mentioned that he'd provided members with information from the Division of Elections which confirms that there is a difference between a voter identification number and a voter ascension number, which many candidates use to correlate voting lists and which is not used to identify a voter. Currently and under the bill, the voter identification number is and will be kept confidential, but it may be helpful, he suggested, to clarify that a voter's ascension number may be released to the public. He indicated that he would be offering an amendment to that effect. TAPE 04-80, SIDE B Number 2354 SENATOR GUESS confirmed that the ascension number is randomly generated and is not a unique identifier. REPRESENTATIVE GRUENBERG directed attention to page 2, line 10, which says, "(3) the subject of a recall election if the voter voted in the recall election". SENATOR GUESS indicated that this language addresses a concern raised on the Senate floor. Currently, it is a requirement that a person voting in a recall election must reside in the district that is holding the recall election; the aforementioned language enables the subject of a recall election to check on whether the voters who voted in the recall election actually resided in the district. SENATOR GUESS, in response to a question regarding PFD applications, said that under the bill, the only information that the public will still have access to will be the names of those who submit PFD applications. One reason for this is that a PFD payment is an expenditure, and there should be a public accounting of expenditures. Another reason is to assist in the prevention of fraud. In response to another question, she reiterated that local, state, or federal government agencies would still have access to the confidential information on a person's PFD application, and that that information could still be released in compliance with a court order. REPRESENTATIVE GRUENBERG, returning to the issue of recall elections, offered his belief that current statute says that where a voter should vote is conclusively determined by his/her voter registration card. In other words, if a person moves, he/she is still considered a member of the district that is listed on his/her voter registration card until he/she submits a change to the division of elections. Because of this, he opined, the language on page 2, line 10, isn't relevant. Additionally, he questioned why the subject of a recall election should be treated differently than the subject of a regular election; in other words, shouldn't any candidate be able to verify that only voters registered in his/her district voted at an election. SENATOR GUESS opined, however, that recall elections are different than regular elections, since they come about because the people of a district sign a petition that says a person holding office should be recalled; therefore, it is reasonable to allow the subject of a recall election to have access to residential address information. REPRESENTATIVE GRUENBERG remarked that perhaps the stipulation should be that the person signing such a petition must live in the district. SENATOR GUESS mentioned that the language currently in the bill pertaining to this issue is what the drafter recommended. Number 2048 LORI DAVEY, President, Motznik Information Services, Inc., said she would be testifying in opposition to SB information from PFD applications should not be something that can simply be downloaded from the division's web site; however, she remarked, "I would encourage you to oppose this bill at this point, and give us a chance to work it out and come up with language that's more favorable and fair for everybody." She thanked the committee for the opportunity to testify. Number 1892 CHAIR McGUIRE directed attention to what became known as Amendment 1, labeled 23-LS1596\VA.1, Kurtz, 5/6/04, which read: Page 3, line 1: Delete "and" Page 3, line 2: Delete "." Insert "; and" Page 3, following line 2: Insert a new paragraph to read: "(6) to a contractor who has a contract with a person entitled to obtain the information under (1) - (5) of this section to receive, store, or manage the information on that person's behalf; a contractor receiving data under this paragraph may only use the data as directed by and for the purposes of the person entitled to obtain the information." CHAIR McGUIRE indicated that [Amendment 1] would add an exception to the list of those that could still access and make use of confidential PFD application information. MS. DAVEY offered her belief, however, that [adoption of Amendment 1] would require that her company maintain a separate database for local, state, and federal government agencies, but doing so would not be feasible or cost effective; furthermore, banks, attorneys, title companies, and process servers, for example, would not have access to information that they can currently get from her company. CHAIR McGUIRE acknowledged that a few extra steps might be necessary. MS. DAVEY noted that title companies are required by [federal law] to use a person's last known address when foreclosing on property; as currently written, CSSB Committee. ADJOURNMENT Number 1550 The House Judiciary Standing Committee meeting was recessed at 7:55 p.m., to be continued at 9:00 a.m. on May 8, 2004. [This meeting did not reconvene before the next scheduled House Judiciary Standing Committee meeting.]

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