Legislature(1993 - 1994)

01/24/1994 01:15 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
               HOUSE JUDICIARY STANDING COMMITTEE                              
                        January 24, 1994                                       
                            1:15 p.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Jeannette James, Vice Chair                                             
  Rep. Pete Kott                                                               
  Rep. Gail Phillips                                                           
  Rep. Joe Green                                                               
  Rep. Cliff Davidson                                                          
  Rep. Jim Nordlund                                                            
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Rep. Brian Porter, Chairman                                                  
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HB 75:    "An Act relating to qualifications for permanent                   
            fund dividends; and providing for an effective                     
            date."                                                             
                                                                               
            CSHB 75 (JUD) PASSED OUT WITH INDIVIDUAL                           
            RECOMMENDATIONS                                                    
                                                                               
  *HB 315:  "An Act relating to the unauthorized use of or                     
            unauthorized interference with transmission and                    
            delivery of subscription cable services; and                       
            amending the definition of the offense of theft of                 
            services and the penalties for its violation."                     
                                                                               
            HEARD AND HELD                                                     
                                                                               
  *HB 350:  "An Act requiring that all official interviews                     
            with children who are alleged to have been abused                  
            or neglected be videotaped."                                       
                                                                               
            NOT HEARD                                                          
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  REP. ELDON MULDER                                                            
  Alaska State Legislature                                                     
  State Capitol, Room 116                                                      
  Juneau, Alaska  99801-1182                                                   
  Phone:  465-2647                                                             
  POSITION STATEMENT:  Prime Sponsor of HB 75                                  
                                                                               
  TOM WILLIAMS, Director                                                       
  Permanent Fund Dividend Division                                             
  Department of Revenue                                                        
  P.O. Box 110460                                                              
  Juneau, Alaska  99811-0460                                                   
  Phone:  465-2323                                                             
  POSITION STATEMENT:  Answered questions                                      
                                                                               
  ERIC MUSSER, Legislative Aide                                                
  Representative Brian Porter                                                  
  Alaska State Legislature                                                     
  State Capitol, Room 118                                                      
  Juneau, Alaska  99801-1182                                                   
  Phone:  465-4930                                                             
  POSITION STATEMENT:  Rep. Porter Prime Sponsor of HB 315                     
                                                                               
  GARY HAYNES                                                                  
  Vice President of Operations                                                 
  Prime Cable of Alaska                                                        
  5151 Fairbanks Street                                                        
  Anchorage, Alaska  99503                                                     
  Phone:  786-9326                                                             
  POSITION STATEMENT:  Testified in favor of HB 315                            
                                                                               
  MIKE ROBERGE, President                                                      
  Alaska Cable Television Association                                          
  5808 Lake Washington Boulevard, Suite 400                                    
  Kirkland, Washington  98033                                                  
  Phone:  (206) 822-0252                                                       
  POSITION STATEMENT:  Testified in favor of HB 315                            
                                                                               
  DANIELLA LOPER                                                               
  House Judiciary Counsel                                                      
  Alaska State Legislature                                                     
  State Capitol, Room 118                                                      
  Juneau, Alaska  99811                                                        
  Phone: 465-6841                                                              
  POSITION STATEMENT:  Answered legal questions regarding HB
  315                                                                          
                                                                               
  MARGO KNUTH                                                                  
  Assistant Attorney General                                                   
  Criminal Division                                                            
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, Alaska  99811-0300                                                   
  Phone:  465-3428                                                             
  POSITION STATEMENT:  Testified on HB 315                                     
                                                                               
  MARY HUGHES, Attorney                                                        
  Hughes Thorsness Gantjz Powell & Brundin                                     
  509 W. Third Avenue                                                          
  Anchorage, Alaska  99501                                                     
  Phone:  274-7522                                                             
  POSITION STATEMENT:  Answered questions regarding HB 315                     
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB  75                                                                
  SHORT TITLE: QUALIFICATIONS FOR PFD'S BY MILITARY                            
  SPONSOR(S): REPRESENTATIVE(S) MULDER,Martin                                  
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/20/93       114    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/20/93       114    (H)   MLV, JUDICIARY, FINANCE                          
  02/25/93              (H)   MLV AT 10:00 AM CAPITOL 17                       
  03/03/93              (H)   MLV AT 05:00 PM CAPITOL 17                       
  03/03/93              (H)   MINUTE(MLV)                                      
  03/05/93       545    (H)   MLV RPT  2DP  3NR                                
  03/05/93       545    (H)   DP: MULDER, FOSTER                               
  03/05/93       545    (H)   NR: WILLIS, NAVARRE, KOTT                        
  03/05/93       545    (H)   -FISCAL NOTE  (REV)  3/5/93                      
  01/19/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
  01/19/94              (H)   MINUTE(JUD)                                      
  01/26/94      2149    (H)   JUD RPT  CS(JUD) NEW TITLE                       
                              2DP 2NR 2AM                                      
  01/26/94      2150    (H)   DP:  JAMES, NORDLUND                             
  01/26/94      2150    (H)   NR:  DAVIDSON, PHILLIPS                          
  01/26/94      2150    (H)   AM:  KOTT, GREEN                                 
  01/26/94      2150    (H)   -ZERO FISCAL NOTE (REV) 1/26/94                  
  01/26/94      2150    (H)   REFERRED TO FINANCE                              
                                                                               
  BILL:  HB 315                                                                
  SHORT TITLE: THEFT OF SUBSCRIPTION TV SERVICES                               
  SPONSOR(S): REPRESENTATIVE(S) PORTER,Green,Toohey                            
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/03/94      2009    (H)   PREFILE RELEASED                                 
  01/10/94      2009    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/10/94      2009    (H)   JUDICIARY, FINANCE                               
  01/24/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
  01/24/94      2139    (H)   COSPONSOR(S):  GREEN, TOOHEY                     
  01/31/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
                                                                               
  BILL:  HB 350                                                                
  SHORT TITLE: VIDEOTAPE ALL INTERVIEWS OF ABUSED MINORS                       
  SPONSOR(S): REPRESENTATIVE(S) JAMES                                          
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/07/94      2019    (H)   PREFILE RELEASED                                 
  01/10/94      2019    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/10/94      2019    (H)   JUDICIARY, FINANCE                               
  01/24/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 94-7, SIDE A                                                            
  Number 000                                                                   
  The House Standing Judiciary Committee was called to order                   
  at 1:22 p.m. on January 24, 1994.  A quorum was present.                     
  Vice Chair James announced the committee would not be                        
  hearing HB 350 today and would address HB 75 first.                          
  HB 75 - QUALIFICATIONS FOR PFD'S BY MILITARY                                 
                                                                               
  Number 020                                                                   
                                                                               
  REP. ELDON MULDER, Prime Sponsor of HB 75, testified that he                 
  believed the concerns raised at the last meeting had been                    
  worked out, and he presented the committee with a new work                   
  draft.  He said the work draft codifies a lot of the                         
  regulations that were previously being implemented; however,                 
  HB 75 reenforces those actions in statute.  Rep. Mulder                      
  continued by saying it also resolves some of the concerns                    
  reflected by committee members about treating everybody                      
  equal.                                                                       
                                                                               
  REP. MULDER said the bill contains two issues now:                           
  resolving the piggyback question and answering the policy                    
  question.  He stated that the state of Alaska should not be                  
  discriminatory towards spouses of non-resident military                      
  personnel if they are traveling out-of-state.                                
                                                                               
  Number 080                                                                   
                                                                               
  REP. DAVIDSON asked Rep. Mulder if he was fully satisfied                    
  that, as far as measuring intent, the Permanent Fund                         
  Dividend (PFD) program is adequately addressing through HB
  75 the measure of intent to remain an "Alaskan resident."                    
                                                                               
  Number 098                                                                   
                                                                               
  REP. MULDER replied yes.                                                     
                                                                               
  Number 100                                                                   
                                                                               
  REP. DAVIDSON asked what the primary basis is for intent to                  
  be measured.                                                                 
                                                                               
  Number 118                                                                   
                                                                               
  TOM WILLIAMS, Director, Permanent Fund Dividend Division,                    
  Department of Revenue, testified that they had reviewed the                  
  revised committee substitute and it contained provisions                     
  which addressed the piggyback problem.  Mr. Williams said                    
  there was still language in Section 2 that the department                    
  had substantial concerns about which would allow a resident                  
  to remain eligible while accompanying a non-resident                         
  military member out-of-state.  Mr. Williams provided                         
  statistics to the committee regarding the amount of money                    
  going out-of-state to PFD recipients.  He concluded by                       
  saying the department still raises concerns about the intent                 
  of the program to individuals who maintain their residents                   
  here, and Section 3 precludes the department from even                       
  considering the residency of a spouse in trying to determine                 
  their intent to remain permanently in the state.                             
                                                                               
  Number 190                                                                   
                                                                               
  REP. DAVIDSON discussed a scenario whereby a non-resident                    
  marries a resident, becomes eligible for the PFD, moves,                     
  divorces, and the resident returns.  He asked what happens                   
  to the non-resident's eligibility.                                           
                                                                               
  Number 231                                                                   
                                                                               
  MR. WILLIAMS replied that he believes the scenario described                 
  was already covered in statute where the individual can                      
  remain eligible as long as he or she meets the criteria.  He                 
  explained the department's concern was over a non-resident                   
  marrying a resident, and the family leaves the state.  He                    
  said currently this would be a nonallowable absence, but                     
  under HB 75 it would be allowed.  The bigger concern,                        
  however, was two non-residents moving into the state and one                 
  declaring residency, obtaining eligibility for self and                      
  children, and then the whole family leaves the state.  Mr.                   
  Williams said at that juncture, under HB 75, the individual                  
  and children would retain their eligibility for dividends.                   
                                                                               
  Number 277                                                                   
                                                                               
  REP. DAVIDSON asked for the department's recommendations for                 
  plugging the leak.                                                           
                                                                               
  Number 281                                                                   
                                                                               
  MR. WILLIAMS said he didn't know if there was a way to do so                 
  under HB 75.  He concluded that the solution would be for                    
  both individuals to declare residency, and then under the                    
  current laws and regulations they could remain eligible                      
  while out-of-state.                                                          
                                                                               
  Number 296                                                                   
                                                                               
  REP. PHILLIPS stated that the department could charge people                 
  with fraud if they take the money and are gone with                          
  absolutely no intent to return.                                              
                                                                               
  Number 308                                                                   
                                                                               
  MR. WILLIAMS told the committee that Rep. Phillips was right                 
  except the department can only determine intent by an                        
  individual's external actions, and HB 75 was directing the                   
  department to ignore certain external signs of intent.                       
                                                                               
  Number 318                                                                   
                                                                               
  REP. PHILLIPS said it was a matter of weighing the balance:                  
  are more people going to be positively affected doing it                     
  this way versus the state having to file lawsuits for fraud.                 
                                                                               
  Number 323                                                                   
                                                                               
  MR. WILLIAMS said as a practical matter the department                       
  wouldn't be filing fraud if an individual leaves with a non-                 
  resident because intent could change at any time.  He                        
  explained that's why the department thinks HB 75 is                          
  inconsistent, because there is a likelihood that many of                     
  these people say they have the intent to return to Alaska,                   
  but they are leaving with a spouse who also doesn't have the                 
  intent to return.                                                            
                                                                               
  Number 345                                                                   
                                                                               
  REP. PHILLIPS stated that at the end of a two-year period,                   
  if the family has been gone with no external action on their                 
  part to return, wouldn't that be a strong determining factor                 
  for a fraud suit?                                                            
                                                                               
  Number 350                                                                   
                                                                               
  MR. WILLIAMS replied that intent can change at any time and                  
  that the individuals would lose their eligibility if they                    
  didn't come home to Alaska in that two-year period.                          
                                                                               
  Number 359                                                                   
                                                                               
  REP. GREEN asked if the department required proof that                       
  individuals return at the end of two years.                                  
                                                                               
  Number 366                                                                   
                                                                               
  MR. WILLIAMS replied yes.                                                    
                                                                               
  Number 380                                                                   
                                                                               
  REP. NORDLUND stated that the new list of allowable absences                 
  is greatly embellished from what it is now, and asked where                  
  the language came from.                                                      
                                                                               
  Number 396                                                                   
                                                                               
  MR. WILLIAMS responded that the allowable absences in HB 75                  
  are currently in regulations, and this moves them into the                   
  bill.                                                                        
                                                                               
  Number 409                                                                   
                                                                               
  REP. NORDLUND questioned Number 14, which says an individual                 
  actively participating in a U.S. athletic team as a                          
  nonprofessional is eligible, and he doesn't see that                         
  authority in statute.                                                        
                                                                               
  Number 414                                                                   
                                                                               
  MR. WILLIAMS replied that there is a provision in current                    
  statutory language that the commissioner may establish                       
  eligibility for other reasons by regulations.  He said this                  
  provision is deleted in HB 75, and the department supports                   
  the move.                                                                    
                                                                               
  Number 441                                                                   
                                                                               
  REP. KOTT discussed the requirement to return to the state                   
  every two years to retain eligibility, and asked if an                       
  individual could come back for the sole purpose of retaining                 
  the eligibility to receive the PFD, and if so, how long                      
  would they have to stay.                                                     
                                                                               
  Number 479                                                                   
                                                                               
  MR. WILLIAMS replied that an individual can come back solely                 
  to retain eligibility for PFD, and there is no time length;                  
  and it often happens that an individual just comes back,                     
  touches Alaska, and leaves.                                                  
                                                                               
  Number 485                                                                   
                                                                               
  REP. PHILLIPS asked at what point in time does it become                     
  uneconomical to do that, and do Alaska resident children                     
  have to accompany the individual?                                            
                                                                               
  Number 495                                                                   
                                                                               
  MR. WILLIAMS responded that the children do have to                          
  accompany the adult to qualify, but if just the parent                       
  comes, that parent is qualified.                                             
                                                                               
  Number 496                                                                   
                                                                               
  REP. PHILLIPS discussed a situation where an Alaskan gets an                 
  appointment to a joint state/federal task force and ends up                  
  spending more time in Washington, D.C., than in Alaska.  He                  
  said there is no provision for the individual to qualify for                 
  a PFD and wondered why.  She also asked if that had ever                     
  come up or a request been made on the matter.                                
                                                                               
  Number 506                                                                   
                                                                               
  MR. WILLIAMS replied that there is no provision unless they                  
  are a state employee.                                                        
                                                                               
  Number 515                                                                   
                                                                               
  Discussion ensued on the two-year rule.                                      
                                                                               
  Number 535                                                                   
                                                                               
  REP. DAVIDSON remarked that it would solve a lot of problems                 
  if the definition of a resident was a person physically in                   
  Alaska without exception.                                                    
                                                                               
  MR. WILLIAMS agreed that it would be easier for the                          
  department to administer.                                                    
                                                                               
  Number 562                                                                   
                                                                               
  REP. MULDER remarked that military personnel are serving                     
  Alaskans and it would be a punishment to deny them PFD's.                    
                                                                               
  The committee discussed eligibility and residency relating                   
  to military personnel.                                                       
                                                                               
  REP. PHILLIPS moved for passage of the Committee Substitute                  
  for HB 75, the version dated January 21, 1994.  There were                   
  no objections.                                                               
                                                                               
  REP. PHILLIPS moved or passage of CSHB 75(JUD) with                          
  individual recommendations.                                                  
                                                                               
  VICE CHAIR JAMES called for a roll call vote, as follows:                    
                                                                               
  Rep. Davidson       yes            Rep. Green     yes                        
  Rep. Kott           yes            Rep. Nordlund  yes                        
  Rep. Phillips       yes            Rep. James     yes                        
                                                                               
  VICE CHAIR JAMES declared CSHB 75(JUD) was moved from                        
  committee with individual recommendations.  She then brought                 
  HB 315 to the table.                                                         
  HB 315 - THEFT OF SUBSCRIPTION TV SERVICES                                   
                                                                               
  Number 710                                                                   
                                                                               
  ERIC MUSSER, Legislative Aide to Rep. Brian Porter, Prime                    
  Sponsor of HB 315, testified that HB 315 was introduced                      
  primarily to put in statute penalties for wrongful use or                    
  misuse or theft of subscription cable services.  He                          
  described Section 1, which amends the definition of the                      
  crime of theft to add theft of subscription cable service to                 
  the statute.  He said Section 2 amends the definition of the                 
  crime of theft in the third degree to add theft of cable                     
  services under the statute; Section 3 proposes dealing with                  
  actions taken knowingly in order to obtain the authorized                    
  interception receipt or use of a program or other service                    
  provided by a subscription service, and would also prohibit                  
  the unauthorized manufacturing and distribution or sale of                   
  like acts; and Section 4 essentially sets out the                            
  definitions used in the bill.                                                
                                                                               
  MR. MUSSER stated that two questions have come up regarding                  
  HB 315.  One is whether the term inductively was a term of                   
  art or actual necessity.  He explained that it is an                         
  industry term.  The second question regards redundancy in                    
  the language of the bill.                                                    
                                                                               
  Number 756                                                                   
                                                                               
  REP. PHILLIPS expressed surprise that legislation of this                    
  sort was necessary in Alaska, and said the sponsor statement                 
  refers to $1 million in theft a year.  He asked how that                     
  figure was justified.                                                        
                                                                               
  Number 772                                                                   
                                                                               
  MR. MUSSER explained that the value of the theft was                         
  determined by looking at the availability of pay per view,                   
  premium channel-type movies to a subscriber.  He cited                       
  figures that potentially cover the magnitude of the problem.                 
                                                                               
  Number 792                                                                   
                                                                               
  REP. PHILLIPS asked if the bill was consistent with                          
  legislation in other states.                                                 
                                                                               
  Number 795                                                                   
                                                                               
  MR. MUSSER replied yes, and said that Alaska is one of only                  
  three states without this type of statute.                                   
                                                                               
  REP. DAVIDSON questioned the need for the legislation.  He                   
  asked what the problem was with the enforcement gap, and                     
  what people are stealing.                                                    
                                                                               
  Number 820                                                                   
                                                                               
  MR. MUSSER replied that Alaska's current statute is very                     
  broad and too vague, and is unenforceable as currently                       
  written.  He said HB 315 would lay out the crime and                         
  penalties for theft of subscription services.                                
                                                                               
  Number 849                                                                   
                                                                               
  REP. KOTT asked if this legislation would prevent someone                    
  from using their own descrambler.                                            
                                                                               
  TAPE 94-7, SIDE B                                                            
  Number 000                                                                   
                                                                               
  GARY HAYNES, Vice President of Operations, Prime Cable of                    
  Alaska, displayed for the committee copies of electronic                     
  magazines he bought in Anchorage with articles showing how                   
  to unscramble and descramble cable.  He detailed the problem                 
  and cost to cable companies caused by theft of services.                     
  Mr. Haynes said the National Cable Television Association                    
  has published their best guest on cost of theft as $4.7                      
  billion nationally.                                                          
                                                                               
  Number 130                                                                   
                                                                               
  VICE CHAIR JAMES said she thought a cable system was                         
  connected to a cable and asked how the box gets the                          
  information off of the cable if you are not connected to the                 
  cable.                                                                       
                                                                               
  Number 143                                                                   
                                                                               
  MR. HAYNES described various ways of hooking into the cable,                 
  including subscribers that have a basic package and then                     
  hook into the other channels, and others hooking directly                    
  into the cable.                                                              
                                                                               
  Number 163                                                                   
                                                                               
  VICE CHAIR JAMES wondered if the law should go after the                     
  sellers of boxes rather than the user.                                       
                                                                               
  Number 170                                                                   
                                                                               
  MR. HAYNES explained that they are trying to do that through                 
  the FBI, but the FBI has told them if they can't prove                       
  anything $25,000 or higher they have to go to local                          
  enforcement.  He said current statute doesn't make it                        
  illegal for people to have the boxes, just to use them.  Mr.                 
  Haynes said HB 315 adds possession language so they can                      
  discourage consumer theft and shut down the source of                        
  customers for commercial users that are trying to sell the                   
  boxes, which is the intent.                                                  
                                                                               
  Number 197                                                                   
                                                                               
  REP. PHILLIPS told Mr. Haynes that she serves on a federal                   
  telecommunications commission committee dealing with federal                 
  legislation, and this is one of the biggest communications                   
  problems in the United States.  She indicated that there is                  
  legislation pending or has just been passed in Congress that                 
  affects this kind of control, and asked if Mr. Haynes could                  
  bring the committee up-to-date on that.  Rep. Phillips said                  
  she thought the federal legislation would put people at very                 
  high risk for jail sentences.                                                
                                                                               
  Number 214                                                                   
                                                                               
  MR. HAYNES said the Cable Regulation Act increased the                       
  fines, but the fed's are depending on local statutes to                      
  cover this type of theft.  Mr. Haynes then showed the                        
  committee a number of modified boxes being used in Anchorage                 
  and how they are used for cable theft.                                       
                                                                               
  Number 335                                                                   
                                                                               
  REP. PHILLIPS asked Mr. Haynes if he thought HB 315 would                    
  solve the problem.                                                           
                                                                               
  Number 340                                                                   
                                                                               
  MR. HAYNES replied that it would, and to solve the problem                   
  of getting rid of the boxes, he is working with the police                   
  department to have an amnesty program to turn them in.                       
                                                                               
  Number 357                                                                   
                                                                               
  VICE CHAIR JAMES asked, if the legislation passes, how would                 
  the cable company find the people who have illegal boxes?                    
  She also asked if the cable company could just knock on a                    
  person's door and ask to have a look at their box.                           
                                                                               
  Number 214                                                                   
                                                                               
  MR. HAYNES said a number of people are turned in by                          
  legitimate customers; and yes, their service agreement                       
  states they have reasonable access if they suspect there is                  
  a problem with their equipment, and they can at a reasonable                 
  hour knock on the door and ask to take a look.                               
                                                                               
  Number 407                                                                   
                                                                               
  MIKE ROBERGE, President, Alaska Cable Television                             
  Association, testified via teleconference from Kirkland,                     
  Washington.  He focused his comments on small system                         
  applications, such as small, rural or bush communities, and                  
  explained a number of ways for individuals to obtain cable                   
  services illegally.                                                          
                                                                               
  Number 573                                                                   
                                                                               
  REP. GREEN asked who does the enforcement in other states                    
  that have enacted this legislation.                                          
                                                                               
  Number 597                                                                   
                                                                               
  DANIELLA LOPER, House Judiciary Committee Counsel, answered                  
  that it would be enforced by the police because it is a                      
  criminal offense.                                                            
                                                                               
  Number 591                                                                   
                                                                               
  REP. GREEN asked about the zero fiscal note.                                 
                                                                               
  Number 602                                                                   
                                                                               
  MS. LOPER answered that there is already enforcement in this                 
  area, but that is being directed more to the area of sellers                 
  of boxes and this statute just makes it more explicit.                       
                                                                               
  Number 613                                                                   
                                                                               
  MARGO KNUTH, Assistant Attorney General, Criminal Division,                  
  Department of Law, testified that one of the greatest things                 
  HB 315 does is define theft of cable services as theft in                    
  the second degree without regard to the value of the                         
  services, because previously they had to prove a value of                    
  $500 or more to prosecute.  Ms. Knuth said she had two                       
  technical questions on page 3 of the bill where part of                      
  subsection 1 is repetitious of subsection 2, and the                         
  drafter, Mr. Chenoweth, has proposed a rewrite that takes                    
  out the replication.  Her other question was, what is an                     
  inductive connection?                                                        
                                                                               
  Number 663                                                                   
                                                                               
  MARY HUGHES, an Anchorage attorney, referred the second                      
  question to Gary Haynes.  Regarding the first question, Ms.                  
  Hughes asked if Ms. Knuth would agree that this problem                      
  would be resolved if we took out (undecipherable) on line 19                 
  and continuing on line 20, thereby not duplicating those                     
  words.                                                                       
                                                                               
  Number 704                                                                   
                                                                               
  MS. KNUTH said she understands now what Ms. Hughes' point                    
  is, and she would appreciate an opportunity to review Ms.                    
  Hughes' language and Mr. Chenoweth's language.  She said she                 
  understands the legislation wants to reach both the person                   
  who has the box and separately wants to reach whoever is a                   
  party to setting it up in the first place.                                   
                                                                               
  Number 712                                                                   
                                                                               
  REP. PHILLIPS asked that "inductively" be defined.                           
                                                                               
  Number 717                                                                   
                                                                               
  MS. KNUTH said that depending on what the answer to the                      
  question actually is, it may not be a matter that requires                   
  statutory definition if it's a common scientific principle.                  
                                                                               
  MS. KNUTH said she would also like to address the concern                    
  regarding fiscal impact, and the Department of Law                           
  anticipates handling a few of these prosecutions, and they                   
  expect that once the word is out, that will act as a                         
  deterrence to other people.                                                  
                                                                               
  Number 734                                                                   
                                                                               
  VICE CHAIR JAMES said she still has a problem with the                       
  person that sells it.  Is he or she in any kind of violation                 
  by this law?  And if so, how would that enforcement be                       
  handled?                                                                     
                                                                               
  Number 738                                                                   
                                                                               
  MS. KNUTH replied that 4(b) criminalizes the conduct.                        
                                                                               
  Number 752                                                                   
                                                                               
  REP. GREEN asked if the hammer would drop harder on the user                 
  than the seller.                                                             
  Number 757                                                                   
                                                                               
  MS. KNUTH replied no, the courts are forever making                          
  distinctions between, for example, furnishing alcohol to a                   
  minor versus minor consuming.                                                
                                                                               
  Number 762                                                                   
                                                                               
  REP. PHILLIPS discussed Section 11.46.200, the whole statute                 
  on theft of services, where the last Section (c) in the                      
  existing law states that a person may not be prosecuted                      
  under this section for theft of cable, microwave,                            
  subscription, etc.  Rep. Phillips said she thought it was in                 
  that section that changes would have to be made to the                       
  existing statute.  In addition, she asked if the committee                   
  needed to add at the end of this on Section 200, or what we                  
  are going to do here, and if that was going to be covered.                   
                                                                               
  Number 782                                                                   
                                                                               
  MS. KNUTH responded that she believes that 200 (c) will                      
  continue to be on the books, and as long as it's a part of                   
  the same statute, it should be o.k.  She indicated she would                 
  look at that section also.                                                   
                                                                               
  Number 786                                                                   
                                                                               
  MS. LOPER asked Ms. Knuth if the felonies are different,                     
  because any violation of this statute is a class C felony.                   
                                                                               
  Number 794                                                                   
                                                                               
  MS. KNUTH said what she was discussing was the probable                      
  sentence that would be imposed by the judge, and a judge in                  
  sentencing somebody on a class C felony will look at whether                 
  the person was a consumer or user, or seller, or                             
  distributor; and will judge more harshly within the judge's                  
  sentencing discretion the distributor rather than the                        
  consumer.                                                                    
                                                                               
  Number 800                                                                   
                                                                               
  Discussion ensued on how to interpret HB 315 relating to                     
  second and third degree felonies.  Rep. Phillips asked for a                 
  clear definition in the new draft.                                           
                                                                               
  TAPE 94-8, SIDE A                                                            
  Number 000                                                                   
                                                                               
  VICE CHAIR JAMES said it was her intention to carry the bill                 
  over.                                                                        
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  VICE CHAIR JAMES adjourned the meeting at 3:02 p.m.                          

Document Name Date/Time Subjects