Legislature(1995 - 1996)
03/06/1995 02:07 PM House JUD
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HOUSE JUDICIARY STANDING COMMITTEE
March 6, 1995
2:07 p.m.
MEMBERS PRESENT
Representative Brian Porter, Chairman
Representative Joe Green, Vice Chairman
Representative Con Bunde
Representative Bettye Davis
Representative Al Vezey
Representative Cynthia Toohey
Representative David Finkelstein
MEMBERS ABSENT
None
COMMITTEE CALENDAR
HB 188: "An Act creating the crime of indecent viewing and
photography."
HEARD AND HELD
HB 44: "An Act providing that a political use is not an
authorized use of charitable gaming proceeds;
prohibiting the contribution of charitable gaming
proceeds to candidates for certain public offices, their
campaign organizations, or to political groups;
providing that a political group is not a qualified
organization for purposes of charitable gaming; relating
to what is a qualified organization for the purpose of
charitable gaming permitting; and providing for an
effective date."
PASSED OUT OF COMMITTEE
HJUD 03/06/95
HB 47: "An Act relating to the crime of unlawful evasion."
SCHEDULED BUT NOT HEARD
WITNESS REGISTER
REPRESENTATIVE JERRY MACKIE
Alaska State Legislature
State Capitol, Room 404
Juneau, AK 99801-1182
Telephone: (907) 465-4925
POSITION STATEMENT: Sponsor of HB 188
ANNE CARPENETI, Committee Aide
House Judiciary Committee
State Capitol, Room 120
Juneau, AK 99801-1182
Telephone: (907) 465-4990
POSITION STATEMENT: Provided information on CSHB 44
TOM ANDERSON, Aide
Representative Terry Martin
Alaska State Legislature
State Capitol, Room 502
Juneau, AK 99801-1182
Telephone: (907) 465-3783
POSITION STATEMENT: Testified in favor of CSHB 44
JEFF PRATHER, CHIEF
Charitable Gaming Division
Department of Revenue
P.O. Box 110440
Juneau, AK 99811-0440
Telephone: (907) 465-2229
POSITION STATEMENT: Provided information on CSHB 44
PREVIOUS ACTION
BILL: HB 188
SHORT TITLE: INDECENT PHOTOGRAPHY
SPONSOR(S): REPRESENTATIVE(S) MACKIE, Porter, Phillips, Robinson,
Navarre, Green
James,Kubina,Elton
JRN-DATE JRN-PG ACTION
02/20/95 419 (H) READ THE FIRST TIME - REFERRAL(S)
02/20/95 419 (H) JUDICIARY, FINANCE
02/22/95 456 (H) COSPONSOR(S): KUBINA
02/23/95 469 (H) COSPONSOR(S): ELTON
02/27/95 (H) JUD AT 01:00 PM CAPITOL 120
02/27/95 (H) MINUTE(JUD)
03/06/95 (H) JUD AT 01:00 PM CAPITOL 120
BILL: HB 44
SHORT TITLE: GAMING PROCEEDS/DEFINE CHARITABLE ORG'NS
SPONSOR(S): REPRESENTATIVE(S) MARTIN,Rokeberg,Porter,Bunde,Green
JRN-DATE JRN-PG ACTION
01/06/95 32 (H) PREFILE RELEASED
01/16/95 32 (H) READ THE FIRST TIME - REFERRAL(S)
01/16/95 32 (H) STATE AFFAIRS, JUDICIARY
01/19/95 90 (H) COSPONSOR(S): BUNDE
01/26/95 (H) STA AT 08:00 AM CAPITOL 102
01/26/95 (H) MINUTE(STA)
02/07/95 (H) STA AT 08:00 AM CAPITOL 102
02/07/95 (H) MINUTE(STA)
02/09/95 (H) STA AT 08:00 AM CAPITOL 102
02/09/95 (H) MINUTE(STA)
02/10/95 321 (H) COSPONSOR(S): GREEN
02/11/95 (H) STA AT 10:00 AM CAPITOL 102
02/11/95 (H) MINUTE(STA)
02/21/95 (H) STA AT 08:00 AM CAPITOL 102
02/21/95 (H) MINUTE(STA)
02/22/95 441 (H) STA RPT CS(STA) NEW TITLE 4DP 3NR
02/22/95 441 (H) DP: PORTER, GREEN, OGAN, JAMES
02/22/95 441 (H) NR: IVAN, ROBINSON, WILLIS
02/22/95 441 (H) FISCAL NOTE (REV)
02/27/95 509 (H) ADDITIONAL REFERRAL TO FIN
03/06/95 (H) JUD AT 01:00 PM CAPITOL 120
BILL: HB 47
SHORT TITLE: UNLAWFUL EVASIONS CLASS A MISDEMEANOR
SPONSOR(S): REPRESENTATIVE(S) BROWN,Robinson
JRN-DATE JRN-PG ACTION
01/06/95 33 (H) PREFILE RELEASED
01/16/95 33 (H) READ THE FIRST TIME - REFERRAL(S)
01/16/95 33 (H) STA, JUD, FIN
02/02/95 (H) STA AT 08:00 AM CAPITOL 102
02/02/95 (H) MINUTE(STA)
02/03/95 227 (H) STA RPT CS(STA) 4DP 2NR
02/03/95 228 (H) DP: JAMES, WILLIS, ROBINSON, IVAN
02/03/95 228 (H) NR: OGAN, PORTER
02/03/95 228 (H) 2 ZERO FISCAL NOTES (LAW, DOC)
02/03/95 228 (H) REFERRED TO JUDICIARY
03/06/95 (H) JUD AT 01:00 PM CAPITOL 120
ACTION NARRATIVE
TAPE 95-25, SIDE A
Number 000
The House Judiciary Standing Committee was called to order at 2:07
p.m. on Monday, March 6, 1995. Members present at the call to
order were Representatives Bunde, Green, Porter and B. Davis.
Members absent were Representatives Vezey, Toohey and Finkelstein.
A quorum was present. CHAIRMAN BRIAN PORTER stated that the
following bills would be heard: HB 188, CSHB 44 and CSHB 47. He
announced HB 188 would be heard first.
HJUD - 03/06/95
HB 188 - INDECENT PHOTOGRAPHY
REPRESENTATIVE BETTYE DAVIS made a motion to accept the committee
substitute, dated 3/1/95 Version F, as the working document.
REPRESENTATIVE JERRY MACKIE, bill sponsor, explained Version F.
He said on page 2, lines 7, 8 and 9, subsection (d) was rewritten,
which makes it more clear. On line 12, the word "magnetic" is
inserted after the word "electronic" and on lines 14, 15, 16 and
17, language was offered by the Chair that actually makes that
section read better and be more clear. He said the changes made in
the committee substitute were all acceptable to him, and he was in
support of the new draft.
CHAIRMAN PORTER said the wording in Section (d) on page 2, was what
they had discussed regarding setting policy calls for businesses.
The trade off was that most businesses would not have the ability
to employ people of different sexes for security system viewing.
He said the amendment did mean that businesses could not use these
tapes for any other purpose than for crime prevention and
prosecution. One consideration is the issue of the first amendment
constitutionality of the viewing. The wording we have used,
restricting someone's ability to view, meets every constitutional
challenge he had ever heard of in this area.
Number 120
REPRESENTATIVE MACKIE hoped this would not give the green light to
a clothing store owner to have hidden surveillance cameras in the
women's dressing rooms, being viewed by men.
CHAIRMAN PORTER mentioned that the legislature did not have the
right to tell the businesses under what policies they should
operate; but any business that allowed different sex monitoring of
this nature would be in trouble anyway.
REPRESENTATIVE MACKIE'S concern is that this could be used as an
affirmative defense, giving some guy the ability to hide
surveillance cameras in all of the dressing rooms of a clothing
store, because of the concern about shoplifting. He wanted
statutes to be clear that was not allowed.
CHAIRMAN PORTER explained that the language continued on to say,
"and any viewing or use of pictures is done only in the interest of
crime prevention, and prosecution."
REPRESENTATIVE MACKIE said crime prevention could include
prevention of shoplifting.
CHAIRMAN PORTER agreed.
REPRESENTATIVE MACKIE said viewing would be allowed to take place,
as long as the owner said he was doing it for crime prevention.
CHAIRMAN PORTER noted it would be an element to be determined by
the jury, whether he was or was not doing it for the purpose of
crime prevention. He suspected if the employee's superiors did not
know about it, and had not told him to set up surveillance cameras,
he would be found guilty, and the affirmative defense would be
overcome.
Number 185
REPRESENTATIVE CON BUNDE said he was not aware that this was an
ongoing common problem, and did not feel it would happen often,
since the risk of public condemnation against a business might be
self-policing.
Number 220
REPRESENTATIVE CYNTHIA TOOHEY mentioned there are other ways to
stop shoplifting in dressing rooms; such as having a dressing room
attendant limit the number of items allowed in a room at one time.
REPRESENTATIVE MACKIE felt that if surveillance cameras were to be
placed in a dressing room, or locker room, it should be required
that a notice be posted; so people who are in situations where they
expect privacy, have privacy; or else are forewarned that they are
being viewed. Otherwise this would be an invasion of privacy.
There are legitimate situations for surveillance systems, so the
affirmative defense serves a purpose. He feared they might be
allowing something that they are actually trying to prevent. When
a person has the right to expect a certain degree of privacy, they
should have that privacy.
CHAIRMAN PORTER said the only thing they were criminalizing here is
the nonsecurity use of viewing or of photographing the people in
the conditions we have described.
Number 375
REPRESENTATIVE TOOHEY did not believe a store would set up cameras
in dressing rooms. There would be a riot.
Number 440
REPRESENTATIVE DAVID FINKELSTEIN believed that if a person was to
be viewed, it needed to be made known that they will be filmed; so
they can make that decision whether or not they want to subject
themselves to that circumstance. It should be posted on the wall
in those instances.
Number 520
REPRESENTATIVE AL VEZEY felt that in the instances where video
surveillance is abused, there would be no judge or jury that could
be convinced that those circumstances were legitimate.
CHAIRMAN PORTER concluded the discussion on HB 188. He said they
would hold it over and come up with language they could agree on.
HJUD - 03/06/905
CSHB 44 - GAMING PROCEEDS/DEFINE CHARITABLE ORGN'S
Number 620
REPRESENTATIVE BUNDE made a motion to adopt Version G of the bill.
There was objection for discussion.
ANNE CARPENETI described the changes from the original bill to the
committee substitute. They are all on page 4, except for one on
page 5. Page 4, line 18, Version F, was changed to insert
subsection (C) in place of AS 05.15.159. There was a problem with
the bill drafter putting together a couple of versions, and the
references were made to the wrong draft. The Judiciary Committee's
version refers to subsection (C), rather than to AS 05.15.159. The
next change is on page 4, line 28. "Organization" was added to the
title of the section so that it read, "Political organization
raffles." This made it clear that we are talking about raffles by
political organizations, rather than raffles by other charitable
organizations holding raffles for political purposes.
MS. CARPENETI continued that in the State Affairs Committee
version, on line 28, it had a subsection (a), but there was no
subsequent subsection, so they took that out. They did not need an
(a) if there is no (b), et cetera. And then the "notwithstanding
AS 05.15.150" was removed, as not being necessary, because we are
really dealing with two different things here. It made it unclear
as to what was being talked about with the "notwithstanding AS
05.15.150."
MS. CARPENETI described the last change, on page 5, line 5. No
subsection reference is needed if there are no subsections.
Hearing no objection, CSHB 44 was adopted as the version before the
committee.
Number 680
TOM ANDERSON, Legislative Aide to Representative Terry Martin,
explained that what HB 44 is trying to do is eliminate politics
from gaming. This bill says that no political groups or districts
can hold a gaming permit, with the one exclusion of raffles. It
also disallows any money earned from charitable gaming to be
distributed to any political organization or candidate. Monies
raised shall also be disclosed. The account from which donations
were made to a political party must be disclosed.
Number 740
JEFF PRATHER, Chief, Charitable Gaming Division, Department of
Revenue, stated the Department is neutral in respect to this bill.
He explained what a Multiple Beneficiary Permit (MBP) was. It
allows up to six permittees to join together to operate as a
partnership. The idea was to cut overhead costs. This bill would
prohibit political organizations from joining one of these
organizations. There is currently nothing preventing political
organizations from joining an MBP for the purpose of holding a
raffle only. Apparently this legislation would prevent that.
CHAIRMAN PORTER thought banning them from MBPs would close up a
potential loophole, in which it could be argued that a political
organization could join an MBP.
TAPE 95-25, SIDE B
Number 000
MR. ANDERSON said our best bet is to eliminate the 11 political
groups that hold charitable gaming permits, and hopefully, in the
future, eliminate all entities that hold these permits, who really
shouldn't, under the guise of charitable gaming, including unions.
CHAIRMAN PORTER said the idea is that charitable gaming is supposed
to be for charity.
Number 100
There was a discussion on the location of the definition of
"political organization." It was determined to be found in Title
5 of the Alaska Statutes.
REPRESENTATIVE VEZEY wondered if they needed to put a definition in
the bill.
CHAIRMAN PORTER said the idea of the bill is to preclude money from
going to organizations and individuals they described. That is
pretty well defined, "No money may go, directly or indirectly as a
contribution of any portion of the net proceeds or charitable
gaming activity other than raffles, to a candidate for public
office of the state or political subdivision of the state to the
candidate's campaign organization, to a political party as defined,
or to an organization or club organized under a group formally
affiliated with a political party." There is not much left.
Number 190
REPRESENTATIVE DAVIS made the motion to move an amendment of
Representative Finkelstein's, who had to leave early.
CHAIRMAN PORTER objected for discussion.
REPRESENTATIVE DAVIS explained what the proposal would do is, on
page 1, lines 5 - 8, to delete: "provide that a political group is
not a qualified organization, for the purpose of charitable gaming,
other than raffles, related to what is qualified organization for
the purpose of charitable gaming permitting." Also, on page 3,
lines 9 - 19, he would like all of that material to be deleted.
The next proposed change is on page 4, lines 18 - 19. He wants to
delete "a political use as provided in AS 05.15.155," and insert,
"political uses other than political campaigns." On page 4, line
27, which is section (6), and ending at line 17 of Section (7), to
be deleted. The general idea is to say political groups can also
raise money, but the money has to be used for purposes other than
political campaigns.
MS. CARPENETI stated that the portion Representative Finkelstein
wants to change, on page 4, line 18 - 19, has already been done in
the State Affairs committee substitute.
REPRESENTATIVE BUNDE believed there were already provisions for
charitable, educational activities provided under raffles, and the
political uses other than political campaigns would probably fall
under "educational." That would be an easy line to draw between
what is educational, and what is actually promoting a political
campaign. Part of what Representative Finkelstein is trying to
amend is already covered.
After no further discussion, a roll call vote was taken.
Representatives Toohey, Bunde, Vezey, Green and Porter voted no.
Representative Davis voted yes. The amendment failed with a 1 to
5 vote.
Number 290
REPRESENTATIVE VEZEY made a motion to move the bill CSHB44(JUD) out
of committee with individual recommendations and fiscal notes.
Hearing no objection, it was so ordered.
CHAIRMAN PORTER announced HB 47 would have to be held over as some
committee members had other meetings to rush off to.
ADJOURNMENT
The House Judiciary Committee adjourned at 3:10 p.m.
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