Legislature(2005 - 2006)HOUSE FINANCE 519
01/31/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB245 | |
| HB326 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 245 | TELECONFERENCED | |
| += | HB 326 | TELECONFERENCED | |
HOUSE FINANCE COMMITTEE
January 31, 2006
1:38 P.M.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 1:38:47 PM.
MEMBERS PRESENT
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Richard Foster
Representative Mike Hawker
Representative Jim Holm
Representative Mike Kelly
Representative Beth Kerttula
Representative Carl Moses
Representative Bruce Weyhrauch
MEMBERS ABSENT
Representative Mike Chenault, Co-Chair
Representative Reggie Joule
ALSO PRESENT
Representative Bob Lynn; Mike Pawlowski, Staff,
Representative Kevin Meyer; Marc Antrim, Commissioner,
Department of Corrections; Anne Carpeneti, Assistant
Attorney General, Legal Services Section-Juneau, Criminal
Division, Department of Law
PRESENT VIA TELECONFERENCE
Duane Bannock, Director, Division of Motor Vehicles,
Department of Administration, Anchorage; Gordon Severson,
Anchorage Municipal Military & Veterans Commission, Chapter
675, Anchorage; Ed Knoebel, Glennallen
SUMMARY
HB 245 An Act relating to registration and license plate
fees for Purple Heart recipients, prisoners of
war, Congressional Medal of Honor recipients, and
spouses of current prisoners of war.
HB 245 was HEARD and HELD in Committee for further
consideration.
HB 326 An Act relating to harassment.
CS HB 326 (JUD) was reported out of Committee with
a "do pass" recommendation and with three zero
notes by the Alaska Court System, the Department
of Law and the Department of Public Safety.
1:39:42 PM
HOUSE BILL NO. 245
An Act relating to registration and license plate fees
for Purple Heart recipients, prisoners of war,
Congressional Medal of Honor recipients, and spouses of
current prisoners of war.
REPRESENTATIVE BOB LYNN, SPONSOR, stated that the bill would
allow the Division of Motor Vehicles (DMV) to design and
issue special registration plates for one noncommercial
motor vehicle to a person who has been awarded the
Congressional Medal of Honor. He stated that those people
have already paid a high price and should receive that
honor.
Representative Lynn added that the spouses also serve in a
different way. The plate would be for both parties. He
urged favorable consideration of the bill.
1:42:59 PM
DUANE BANNOCK, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,
DIVISION OF MOTOR VEHICLES (DMV), DEPARTMENT OF
ADMINISTRATION, ANCHORAGE, offered to answer questions
regarding the impact of the legislation.
1:44:33 PM
Vice Chair Stoltze asked if there were any Pearl Harbor
survivors still alive. Mr. Bannock thought that there were
seven registered survivors in Alaska; that information was
taken from 2004 data. In 2004, there were a total of 18
vehicles registered with that classification.
1:45:55 PM
GORDON SEVERSON, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE
MUNICIPAL MILITARY & VETERANS COMMISSION, CHAPTER 675,
ANCHORAGE, encouraged passage of the legislation. He noted
that he already has a Purple Heart license plate but that
the legislation would benefit other Purple Heart recipients
within the State. Additionally, the legislation recognizes
wounded Iraqi veterans. He suggested that those people
would be privileged to be recognized in such a manner. He
urged passage of HB 245.
1:48:34 PM
ED KNOEBEL, (TESTIFIED VIA TELECONFERENCE), GLENNALLEN,
encouraged passage of the legislation and offered to help
with design of the plates. He indicated that he was a World
War II veteran with a Purple Heart. He stated that there
are a total of 6,000 Purple Heart members throughout the
country with 30 or 40 living in Alaska.
1:51:06 PM
Co-Chair Meyer asked if there would be a one-time charge of
$5,000 dollar for the new plate. Representative Lynn said
that was correct and thought that cost was excessive.
1:52:18 PM
Mr. Bannock explained that the $5,000 dollars would include
a couple different items. He added that any change made to
the current computer system requires many hours of work.
The system is very old and every license plate is assigned
for every type of classification of automobile. The system
is not easily amended and the proposed cost includes
redesign charges. Those license plates are designed and
ordered on an individual basis, which increases a little,
the per plate cost.
1:53:55 PM
Co-Chair Meyer pointed out that there are no Prisoners of
War (POW) or spouses of current POW's at this time in
Alaska. He asked if the plate must be designed at this
time. Mr. Bannock informed members that currently, there
are a POW license plate. What is being proposed is who
would be entitled to receive free registration. Those
persons would qualify for the free registration if they were
a spouse of a current prisoner of war. Representative Lynn
acknowledged that was the intent.
Representative Holm inquired if there already exists a metal
of honor plate.
1:55:22 PM
Mr. Bannock replied that there is not one and would need to
be designed. That person would not pay for both the plate
and/or the vehicle registration.
Representative Holm inquired if there were current metal of
honor residents in Alaska. Mr. Bannock did not know.
1:55:56 PM
Representative Holm asked how much it would cost to design a
plate. Mr. Bannock replied that number was variable
depending on the rendition. He recommended that a group be
assigned to design the plate, keeping the cost around $500
dollars for a sample plate.
1:56:56 PM
AT EASE: 1:57:22 PM
RECONVENE:1:57:55 PM
1:57:58 PM
Co-Chair Meyer noted that the bill would be held in
Committee in order to research the fiscal costs.
Representative Lynn said he would cooperate with the wishes
of the Committee.
HB 245 was HELD in Committee for further consideration.
1:58:47 PM
HOUSE BILL NO. 326
An Act relating to harassment.
MICHAEL PAWLOWSKI, STAFF, REPRESENTATIVE KEVIN MEYER,
commented that HB 326 includes the publishing, posting or
distribution of material described as lewd and/or obscene in
the definition of harassment. He noted that the issue arose
from a constituent whose photos were taken from a consensual
situation and then as the relationship ended, those pictures
were used to harass that person.
It is obvious that the Alaska Statutes are not keeping up
with technology. With the availability of small digital
cameras & phones has changed the way that photos can be
taken and used to harass individuals. He reiterated that HB
326 changes current statute to include the publishing or
posting of lewd or obscene pictures in the definition of
harassment.
Mr. Pawlowski noted the attached three zero notes.
2:01:12 PM
Co-Chair Meyer reiterated that a constituent of his had
brought the legislation forward.
2:01:29 PM
Representative Holm asked if the zero note would create a
potential problem for the Department of Law. He questioned
if there was an indication of prosecution coming forward and
asked if the note should be classified as indeterminate.
2:02:08 PM
Mr. Pawlowski understood that the departments could absorb
any change to the definition. He clarified that harassment
is not happening as much as they believe it will be in the
future.
Co-Chair Meyer pointed out it would be classified as a Class
B misdemeanor. Representative Holm asked more information
regarding how the impact will be handled.
2:03:05 PM
Representative Kerttula indicated the she had questions for
Ms. Carpeneti, Department of Law.
2:03:59 PM
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW,
offered to answer questions of the Committee.
Representative Kerttula asked about the information
attempting to be outlawed by passage of the bill and if
conduct and speech were included. She thought that the
State would be creating problems [inaudible]. She inquired
about the limited jury option and how difficult would it be
to show if infringement were substantial. She asked if it
would be dependant upon each case.
Ms. Carpeneti acknowledged that was correct. She noted that
the case that brought the legislation forward also involved
anonymous phone calls. The legislation is less speech and
more conduct oriented.
2:05:26 PM
Representative Kerttula emphasized that it could happen, and
wanted it noted for the record. Ms. Carpeneti agreed.
2:05:58 PM
Vice Chair Stoltze questioned if it could become a free
speech issue.
Mr. Pawlowski interjected that there had been discussion
regarding that in the House Judiciary Committee. The
distinction is that the conduct is not judged and based on
the interpretation of the person who the picture is of, but
rather the intent of the person publishing it. He stressed
that would be when conduct crosses the line. The proposed
legislation is intended to address that place.
2:07:27 PM
MARC ANTRIM, COMMISSIONER, DEPARTMENT OF CORRECTIONS, noted
that the Administration does support the legislation. He
provided comments on a case that happened within the
Department of Corrections in the late 1990's at the Lemon
Creek Correctional Center. In that case, an employee was
accused of "guy cruising". The mystery was unsolved. The
Department noticed a website called "My Fantasy Rape", which
was created by a student on campus in Colorado. He
emphasized that these are "serious" concerns.
2:14:54 PM
Representative Kerttula inquired what change that person had
been prosecuted under. Commissioner Antrim replied that
Colorado is one of seven states that has a criminal liable
statute. Those statutes have been attached on the basis of
free speech. Not many accused have been prosecuted under
it, however, that person was charged with impersonating a
police officer and falsifying documents. Alaska was not
able to file charges on that person in Colorado.
2:15:50 PM
Representative Kerttula advised that the proposed statute
would not change that and that Alaska still would not be
able to "take" that person with passage of this bill.
Commissioner Antrim agreed.
2:16:20 PM
Representative Hawker referenced the proposed new language:
"(6) publishes, posts, or distributes electronic or
printed photographs, pictures, depictions, or films
that show the genitals, anus, or female breast of the
other person or show that person engaged in a sexual
act".
Representative Hawker asked what would happen if it were a
composite photograph adjusted digitally and could that
provide an affirmative defense.
Ms. Carpeneti advised that behavior could not be covered
under the proposed language.
Representative Hawker asked if it was the intent that it not
be covered in the bill.
2:18:10 PM
Co-Chair Meyer thought that it would be covered someplace
else in the bill. Mr. Pawlowski interjected that it is not
covered in the House Judiciary Committee version. The
issued addressed by Legislative Legal is free speech and how
it becomes more problematic reaching away from the actual
person. HB 326 attempts to walk a "fine line" between
addressing free speech issues and staying on the correct
line. Legislative legal warned about "going to that place"
using the actual composite pictures.
2:19:04 PM
Representative Hawker observed that with the ability used in
digital imagery, there could be a loophole. Co-Chair Meyer
agreed, noting that the only intent with the proposed
legislation was to prevent using current technology to
harass. Ms. Carpeneti advised that the legislation is a
st
limited approach because of 1 Amendment concerns.
2:19:50 PM
Representative Kerttula pointed out that it could fall into
the indecent photography statute.
2:20:13 PM
Representative Hawker mentioned "consensual behavior"
st
related to the 1 Amendment. He asked if a prosecutor could
accuse someone engaged in consensual behavior. Co-Chair
Meyer pointed out that issue was addressed in the House
Judiciary Committee.
Ms. Carpeneti stated that the photos in the proposal would
have been taken consensually, which is how it differs from
indecent photographic viewing, photos taken without consent.
These are taken with consent and then used without consent.
Representative Hawker stated that the critical element is
that the burden of proof must be established in order to
determine harassment.
2:21:27 PM
Representative Stoltze asked if there had been discussion of
the depictions. Mr. Pawlowski said there has been no
discussion in Committee. He recalled that Legislative Legal
Services agreed to include the language as a definition of
photograph versus how a picture can be printed. That is
standard language and was lifted from the Alaska Statute
(AS) 11.61.123 definition.
2:22:17 PM
Mr. Pawlowski commented that the language key to
Representative Hawker reference is that it would have to be
limited to what is actually on that person's body. The
proposed legislation is limited, but the behavior exists and
must be stopped.
2:22:48 PM
Representative Foster MOVED to REPORT CS HB 326 (JUD) out of
Committee with individual recommendations and with the
accompanying zero notes. There being NO OBJECTION, it was
so ordered.
CS HB 326 (JUD) was reported out of Committee with a "do
pass" recommendation and with three zero notes by the Alaska
Court System, the Department of Law and the Department of
Public Safety.
ADJOURNMENT
The meeting was adjourned at 2:24 P.M.
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