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.