Legislature(2003 - 2004)

03/23/2004 08:01 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SB 201-HOME & RESPITE CARE: CRIMINAL RECORDS                                                                                  
Number 1700                                                                                                                     
CHAIR WEYHRAUCH announced that the  next order of business was CS                                                               
FOR SENATE BILL  NO. 201(HES), "An Act relating to  home care and                                                               
respite care; and providing for an effective date."                                                                             
Number 1710                                                                                                                     
[AN UNIDENTIFIED SPEAKER  moved to adopt CSSB 201(HES)  as a work                                                               
CHAIR WEYHRAUCH objected for discussion purposes.                                                                               
Number 1725                                                                                                                     
BRIAN  HOVE,  Staff  to  Senator   Ralph  Seekins,  Alaska  State                                                               
Legislature,  presented  SB 201  on  behalf  of Senator  Seekins,                                                               
sponsor.   He  turned to  the  sponsor statement,  which read  as                                                               
follows [original punctuation provided]:                                                                                        
     Senate  Bill  201  corrects errors  identified  by  the                                                                    
     Revisor of Statutes in Chapters 45 and 118, SLA 1994.                                                                      
     Specifically,  Chapter  45 enacted  various  provisions                                                                    
     containing a  reference to a  section that at  the same                                                                    
     time was  repealed by  Section 4 of  Chapter 118.   The                                                                    
     section in  question was former AS  12.62.035, relating                                                                    
     to  access   to  certain  crime  information.     As  a                                                                    
     consequence  of  the  enactment  of  these  two  bills,                                                                    
     various sections contain a  reference to something that                                                                    
     no longer exists.                                                                                                          
     Senate Bill  201 corrects this  error by  replacing the                                                                    
     repealed  information  with   criminal  history  record                                                                    
     information  permitted  by   "Public  Law  105-277  and                                                                    
     Alaska Statute 12.62".                                                                                                     
Number 1749                                                                                                                     
CHAIR WEYHRAUCH asked, "Why wasn't this in the revisor's bill."                                                                 
MR. HOVE offered his understanding  that the revisor thought that                                                               
the change [proposed  in SB 201] was substantive  and warranted a                                                               
stand-alone  vehicle  rather than  be  "rolled  into a  revisor's                                                               
Number 1811                                                                                                                     
REPRESENTATIVE GRUENBERG  pointed to a handout  [in the committee                                                               
packet,   entitled   "Federal   Statutes   Authorizing   Criminal                                                               
Background  Checks  for  Nursing   Facility  Job  Applicants  and                                                               
Employees"].  He  then turned to the memorandum  to Senator Robin                                                               
Taylor from  [Assistant Revisor] James Crawford,  [dated December                                                               
18, 2002  and included in  the committee  packet].  In  the fifth                                                               
paragraph, he  noted, the term "criminal  justice information" is                                                               
used, as opposed to "history  record information".  He also noted                                                               
that   in  the   next  paragraph,   the  term   "past  conviction                                                               
information" was  used.  He asked  why that term was  used rather                                                               
than  "criminal justice  information."   He  said the  memorandum                                                               
seems to state that "criminal  justice information" would include                                                               
the terms  of sentences and  information of conviction  and would                                                               
perhaps be more appropriate.                                                                                                    
MR. HOVE deferred the question to Mr. Luckhaupt.                                                                                
Number 1900                                                                                                                     
GERALD   LUCKHAUPT,   Attorney,    Legislative   Legal   Counsel,                                                               
Legislative  Legal  and  Research Services,  indicated  that  Mr.                                                               
Crawford was  pointing out that  there are  various alternatives.                                                               
He said,  "This could be  a judgment that the  legislature should                                                               
be making as to what term to use."  He continued as follows:                                                                    
     The criminal  justice information term is  not one that                                                                    
     we  usually use  for ...  any employment  screening for                                                                    
     noncriminal  justice  purposes.   The  term  we use  is                                                                    
     "criminal  history record  information."    As you  may                                                                    
     know, there are a lot  of times people are arrested and                                                                    
     nothing ever  comes of  that arrest.   And so,  for the                                                                    
     most  part,   ...  that  information  is   usually  not                                                                    
     available  to  employers   where  the  legislature  has                                                                    
     chosen to give out that information.                                                                                       
     Where we have  chosen to give out  information is using                                                                    
     the term  "criminal history record  information," which                                                                    
     means  a record  of  conviction.   It includes  current                                                                    
     offender information  and current arrests that  are out                                                                    
     there.    Criminal   history  record  information  also                                                                    
     includes  identification  information  -  you  know,  a                                                                    
     photo  or  something so  they  can  identify that  this                                                                    
     person is who they are.                                                                                                    
     ...   In Alaska, the  way we use  that term -  and also                                                                    
     the  feds for  that matter  - ...  you limit  access to                                                                    
     correctional  information and  the  record  of how  the                                                                    
     person did in a penitentiary  and things like that; you                                                                    
     don't allow that out to the public.                                                                                        
Number 1995                                                                                                                     
REPRESENTATIVE BERKOWITZ  read from a one-page  handout [included                                                               
in  the  committee  packet,  labeled  "SB 201  -  Notes  for  the                                                               
record"],  which read  [original punctuation  provided, but  some                                                               
formatting changed]:                                                                                                            
     Criminal  justice information  provided under  AS 12.62                                                                    
     is  generally limited  to the  information that  may be                                                                    
     released under 12.62.160(b)(8) and (9).                                                                                    
     AS 12.62.160(b):   Subject to the  requirements of this                                                                    
     section, and except as  otherwise limited or prohibited                                                                    
     by  other  provision of  law  or  court rule,  criminal                                                                    
     justice information                                                                                                        
     (8)  may  be provided  to  a  person for  any  purpose,                                                                    
     except  that information  may not  be  released if  the                                                                    
     information    is    nonconviction    information    or                                                                    
     correctional treatment information;                                                                                        
     (9)  including   information  relating  to   a  serious                                                                    
     offence,  may be  provided to  an interested  person if                                                                    
     the  information  is  requested   for  the  purpose  of                                                                    
     determining whether  to grant  a person  supervisory or                                                                    
     disciplinary power over a minor or dependent adult.                                                                        
     "interested  person" means  a person  as defined  in AS                                                                    
     01.10.060 that  employs, appoints, or permits  a person                                                                    
     to  serve with  or without  compensation in  a powetion                                                                    
     [sic] in  which the  employed, appointed,  or permitted                                                                    
     person has  or would  have supervisory  or disciplinary                                                                    
     power   over  a   minor  or   dependent  adult."     AS                                                                    
REPRESENTATIVE  BERKOWITZ  stated,  "In essence,  ...  you  can't                                                               
release   information  if   it's  nonconviction   information  or                                                               
correctional  treatment information."   He  said he  thinks those                                                               
are the most relevant factors  for [the legislature] to consider.                                                               
He  said,  "To  try  and  modify the  proposed  language  in  the                                                               
proposed bill  is a huge, huge  effort; it connects to  all kinds                                                               
of  other statutes  and, cumbersome  that  it might  be, this  is                                                               
probably   the   simplest   way   of   addressing   the   issue."                                                               
Representative  Berkowitz   suggested  that   the  aforementioned                                                               
handout could be incorporated into  a letter of intent that would                                                               
accompany the bill.                                                                                                             
Number 2029                                                                                                                     
REPRESENTATIVE GRUENBERG said he wants  to know why it's "limited                                                               
to information under  PL 105-277, rather than  also including the                                                               
National Child  Protection Act of  1993, and possibly  Public Law                                                               
[SB 201 was held until later the same day.]                                                                                     
SB 201-HOME & RESPITE CARE: CRIMINAL RECORDS                                                                                  
TAPE 04-43, SIDE A                                                                                                            
Number 0001                                                                                                                     
CHAIR WEYHRAUCH announced  that the committee would  return to CS                                                               
FOR SENATE BILL  NO. 201(HES), "An Act relating to  home care and                                                               
respite care; and providing for an effective date."                                                                             
Number 0015                                                                                                                     
REPRESENTATIVE  BERKOWITZ moved  to report  CSSB 201(HES)  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSSB  201(HES)  was                                                               
reported out of the House State Affairs Standing Committee.                                                                     

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