Legislature(1995 - 1996)
03/06/1995 02:07 PM JUD
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
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.