Legislature(1995 - 1996)

03/06/1995 02:07 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               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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