Legislature(1995 - 1996)

04/05/1995 01:12 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE JUDICIARY STANDING COMMITTEE                              
                         April 5, 1995                                         
                           1:12 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 10:           "An Act relating to payment for emergency services           
                  responding to certain motor vehicle accidents."              
                                                                               
                  PASSED OUT OF COMMITTEE                                      
                                                                               
 * HB 286:        "An Act providing an exemption from gambling and             
                  certain alcoholic beverage laws for gambling                 
                  conducted by cruise ships for their ticketed                 
                  passengers in the offshore water of the state;               
                  relating to promotions on board cruise ships;                
                  defining `cruise ship'; providing for                        
                  exemption procedures for certain cruise ships                
                  before they can conduct gambling in the offshore             
                  water of the state; providing an exemption from              
                  the coin-operated device tax for cruise ships                
                  exempted from the gambling laws;  and providing              
                  for an effective date."                                      
                                                                              
                  PASSED OUT OF COMMITTEE                                      
                                                                               
 CSSB 106(JUD):   "An Act prohibiting minors from patronizing                  
                  businesses that offer adult entertainment and                
                  prohibiting the employment of minors at businesses           
                  offering adult entertainment."                               
                                                                               
                  PASSED OUT OF COMMITTEE                                      
                                                                               
 CSSB 41(JUD):    "An Act relating to reports by fishing vessels               
                  that are not licensed under the laws of the                  
                  state."                                                      
                                                                               
                  PASSED OUT OF COMMITTEE                                      
                                                                               
 HB 285:          "An Act relating to the amount of the homestead              
                  exemption and to the method of changing amounts of           
                  exemptions."                                                 
                                                                               
                  BILL POSTPONED                                               
                                                                               
 HB 130:          "An Act relating to agency review of public                  
                  comment on the adoption, amendment, and repeal of            
                  regulations; relating to the examination of                  
                  proposed regulations, amendments of regulations,             
                  and orders repealing regulations by the                      
                  Administrative Regulation Review Committee and the           
                  Department of Law; relating to the submission to,            
                  and acceptance by, the lieutenant governor of                
                  proposed regulations, amendments of regulations,             
                  and orders repealing regulations; and requiring              
                  agencies to make certain determinations before               
                  adopting regulations, amendments of regulations,             
                  or orders repealing regulations."                            
                                                                               
                  BILL POSTPONED                                               
                                                                               
 (* First public hearing)                                                      
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 REPRESENTATIVE JOHN DAVIES                                                    
 Alaska State Legislature                                                      
 State Capitol, Room 422                                                       
 Juneau, AK 99801-1182                                                         
 Telephone:  (907)  465-4457                                                   
 POSITION STATEMENT:  Sponsor of HB 10                                         
                                                                               
 DAVE TYLER                                                                    
 Alaska Fire Chiefs Association                                                
 1610 Hans Way                                                                 
 Fairbanks, AK 99709                                                           
 Telephone:  (907)  479-5672                                                   
 POSITION STATEMENT:  Testified in favor of HB 10                              
                                                                               
 TOM DOW, Vice President                                                       
 Princess Cruise Lines                                                         
 2815 2nd Avenue, Suite 400                                                    
 Seattle, WA 98121                                                             
 Telephone:  Not Available                                                     
 POSITION STATEMENT:  Introduced HB 286                                        
                                                                               
 TERRY OTNESS, Legislative Assistant                                           
 Senator Robin Taylor                                                          
 Alaska State Legislature                                                      
 State Capitol, Room 30                                                        
 Juneau, AK 99801-1182                                                         
 Telephone:  (907)  465-3873                                                   
 POSITION STATEMENT:  Introduced SB 41                                         
                                                                               
 TERESA SAGER, Senate Rules Committee Aide                                     
 Senator Mike Miller                                                           
 Alaska State Legislature                                                      
 State Capitol, Room 125                                                       
 Juneau, AK 99801-1182                                                         
 Telephone:  (907)  465-4976                                                   
 POSITION STATEMENT:  Introduced SB 106                                        
                                                                               
 ANNE CARPENETI, House Judiciary Committee Aide                                
 Representative Brian Porter                                                   
 Alaska State Legislature                                                      
 State Capitol, Room 120                                                       
 Juneau, AK 99801-1182                                                         
 Telephone:  (907)  465-4990                                                   
 POSITION STATEMENT:  Provided information on SB 106                           
                                                                               
 CHARLES MCKEE                                                                 
 P.O. Box 143452                                                               
 Anchorage, AK 99514                                                           
 Telephone:  Not Available                                                     
 POSITION STATEMENT:  Testified on SB 106                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                              
 BILL:  HB  10                                                                
 SHORT TITLE: PAYMENT OF COSTS OF DWI ACCIDENTS                                
 SPONSOR(S): REPRESENTATIVE(S) DAVIES,Green                                    
                                                                               
 JRN-DATE     JRN-PG               ACTION                                      
 01/06/95        23    (H)   PREFILE RELEASED                                  
 01/16/95        23    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/16/95        23    (H)   STA, JUD, FIN                                     
 03/18/95              (H)   STA AT 10:00 AM CAPITOL 102                       
 03/18/95              (H)   MINUTE(STA)                                       
 03/20/95       802    (H)   STA RPT  4DP                                      
 03/20/95       803    (H)   DP: JAMES, GREEN, IVAN, ROBINSON                  
 03/20/95       803    (H)   2 ZERO FISCAL NOTES (DCED, LAW)                   
 03/20/95       824    (H)   COSPONSOR(S): GREEN                               
 03/22/95       835    (H)   CORRECTED STA RPT CS(STA) 4DP 1NR                 
 03/22/95       835    (H)   DP: GREEN, IVAN, JAMES, ROBINSON                  
 03/22/95       835    (H)   NR: PORTER                                        
 03/22/95       835    (H)   2 ZERO FISCAL NOTES (DCED, LAW)                   
                             3/20/95                                           
 03/31/95              (H)   JUD AT 01:00 PM CAPITOL 120                       
 03/31/95              (H)   MINUTE(JUD)                                       
 04/05/95              (H)   JUD AT 01:00 PM CAPITOL 120                       
                                                                              
 BILL:  HB 286                                                                
 SHORT TITLE: CRUISE SHIP GAMBLING & PROMOTIONS                                
 SPONSOR(S): REPRESENTATIVE(S) WILLIAMS,Toohey                                 
                                                                               
 JRN-DATE     JRN-PG               ACTION                                      
 03/28/95       955    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 03/28/95       955    (H)   JUDICIARY, FINANCE                                
 04/05/95              (H)   JUD AT 01:00 PM CAPITOL 120                       
                                                                              
 BILL:  SB 106                                                                
 SHORT TITLE: NO MINORS WORK/ATTEND ADULT BUSINESSES                           
 SPONSOR(S): SENATOR(S) MILLER, Pearce, Salo, Lincoln, Torgerson,              
 Green, Kelly, Leman, Frank, Halford, R.Phillips                               
                                                                               
 JRN-DATE     JRN-PG               ACTION                                      
 03/01/95       438    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 03/01/95       438    (S)   JUD                                               
 03/15/95              (S)   JUD AT 02:30 PM BELTZ ROOM 211                    
 03/17/95       678    (S)   COSPONSOR:  SALO                                  
 03/17/95              (S)   JUD AT 03:00 PM BELTZ ROOM 211                    
 03/17/95              (S)   MINUTE(JUD)                                       
 03/20/95       697    (S)   JUD RPT CS  3DP 2NR   NEW TITLE                   
 03/20/95       697    (S)   ZERO FNS (LABOR #1, LAW #2)                       
 03/22/95              (S)   RLS AT 12:30 PM FAHRENKAMP RM 203                 
 03/22/95              (S)   MINUTE(RLS)                                       
 03/23/95       766    (S)   RULES TO CALENDAR  3/23/95                        
 03/23/95       769    (S)   READ THE SECOND TIME                              
 03/23/95       769    (S)   JUD  CS ADOPTED UNAN CONSENT                      
 03/23/95       769    (S)   COSPONSOR(S): LINCOLN, TORGERSON,                 
                             GREEN,                                            
 03/23/95       769    (S)   KELLY, LEMAN, FRANK, HALFORD,                     
                             PHILLIPS                                          
 03/23/95       769    (S)   READ THE THIRD TIME  CSSB 106(JUD)                
 03/23/95       769    (S)   PASSED Y18 N- E2                                  
 03/23/95       772    (S)   TRANSMITTED TO (H)                                
 03/24/95       879    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 03/24/95       879    (H)   JUDICIARY                                         
 04/05/95              (H)   JUD AT 01:00 PM CAPITOL 120                       
                                                                             
 BILL:  SB  41                                                               
 SHORT TITLE: REPORTS BY OUT OF STATE FISHING VESSELS                          
 SPONSOR(S): SENATOR(S) TAYLOR; REPRESENTATIVE(S) Mackie                       
                                                                               
 JRN-DATE     JRN-PG               ACTION                                      
 01/20/95        58    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 01/20/95        58    (S)   RES, FIN                                          
 02/03/95              (S)   RES AT 03:30 PM BUTROVICH ROOM 205                
 02/03/95              (S)   MINUTE(RES)                                       
 02/06/95       181    (S)   RES RPT  4DP 1NR                                  
 02/06/95       181    (S)   ZERO FISCAL NOTE (F&G #1)                         
 02/06/95       181    (S)   JUD REFERRAL ADDED BEFORE FINANCE                 
 02/13/95              (S)   JUD AT 01:30 PM BELTZ ROOM 211                    
 02/13/95              (S)   MINUTE(JUD)                                       
 02/14/95       267    (S)   JUD RPT  CS  3DP      NEW TITLE                   
 02/14/95       267    (S)   ZERO FISCAL NOTE (F&G #1)                         
 02/28/95       425    (S)   FIN REFERRAL WAIVED                               
 03/02/95              (S)   RLS AT 11:25 AM FAHRENKAMP RM 203                 
 03/02/95              (S)   MINUTE(RLS)                                       
 03/08/95       537    (S)   RULES TO CALENDAR  3/8/95                         
 03/08/95       539    (S)   READ THE SECOND TIME                              
 03/08/95       539    (S)   JUD  CS ADOPTED UNAN CONSENT                      
 03/08/95       539    (S)   ADVANCED TO THIRD READING UNAN                    
                             CONSENT                                           
 03/08/95       539    (S)   READ THE THIRD TIME  CSSB 41(JUD)                 
 03/08/95       540    (S)   PASSED Y19 N- E1                                  
 03/08/95       544    (S)   TRANSMITTED TO (H)                                
 03/09/95       671    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 03/09/95       671    (H)   FISHERIES, JUDICIARY                              
 03/09/95       691    (H)   CROSS SPONSOR(S): MACKIE                          
 03/20/95       823    (H)   FSH REFERRAL WAIVED                               
 04/05/95              (H)   JUD AT 01:00 PM CAPITOL 120                       
                                                                             
 BILL:  HB 285                                                               
 SHORT TITLE: AMOUNT OF HOMESTEAD AND OTHER EXEMPTIONS                         
 SPONSOR(S): REPRESENTATIVE(S) MOSES                                           
                                                                               
 JRN-DATE      JRN-PG              ACTION                                      
 03/27/95       933    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 03/27/95       933    (H)   JUDICIARY                                         
 04/05/95              (H)   JUD AT 01:00 PM CAPITOL 120                       
                                                                              
 BILL:  HB 130                                                                
 SHORT TITLE: REGULATION ADOPTION PROCEDURES & REVIEW                          
 SPONSOR(S): REPRESENTATIVE(S) KELLY,James,                                    
                                                                               
 JRN-DATE      JRN-PG              ACTION                                      
 01/27/95       157    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/27/95       157    (H)   STA, JUD, FIN                                     
 02/14/95              (H)   STA AT 08:00 AM CAPITOL 519                       
 02/14/95              (H)   MINUTE(STA)                                       
 02/14/95              (H)   ARR AT 12:00 PM BUTROVICH ROOM 205                
 02/15/95       396    (H)   COSPONSOR(S): JAMES                               
 02/21/95              (H)   STA AT 08:00 AM CAPITOL 102                       
 02/21/95              (H)   MINUTE(STA)                                       
 02/21/95              (H)   ARR AT 12:00 PM BUTROVICH ROOM 205                
 02/22/95              (H)   ARR AT 04:00 PM BELTZ ROOM 211                    
 02/22/95              (H)   MINUTE(ARR)                                       
 02/22/95              (S)   MINUTE(ARR)                                       
 02/23/95              (H)   STA AT 08:00 AM CAPITOL 102                       
 02/23/95              (H)   MINUTE(STA)                                       
 03/09/95              (H)   STA AT 08:00 AM CAPITOL 102                       
 03/09/95              (H)   MINUTE(STA)                                       
 03/16/95              (H)   STA AT 08:00 AM CAPITOL 102                       
 03/16/95              (H)   MINUTE(STA)                                       
 03/18/95              (H)   STA AT 10:00 AM CAPITOL 102                       
 03/18/95              (H)   MINUTE(STA)                                       
 03/20/95       805    (H)   STA RPT  1DP 2NR 1AM                              
 03/20/95       805    (H)   DP: JAMES                                         
 03/20/95       805    (H)   NR: GREEN, IVAN                                   
 03/20/95       805    (H)   AM: ROBINSON                                      
 03/20/95       806    (H)   5 FISCAL NOTES (3-GOV, DHSS, DPS)                 
 03/20/95       806    (H)   INDETERMINATE FISCAL NOTE (LAW)                   
 03/20/95       806    (H)   3 ZERO FISCAL NOTES (ADM,GOV,DNR)                 
 03/22/95       840    (H)   CORRECTED STA RPT CS(STA) NT 2DP                  
                             2NR 1AM                                           
 03/22/95       841    (H)   DP: JAMES, PORTER                                 
 03/22/95       841    (H)   NR: GREEN, IVAN                                   
 03/22/95       841    (H)   AM: ROBINSON                                      
 03/22/95       841    (H)   5 FNS (3-GOV, DHSS, DPS) 3/20/95                  
 03/22/95       841    (H)   INDETERMINATE FISCAL NOTE (LAW)                   
                             3/20/95                                           
 03/22/95       841    (H)   3 ZERO FNS (ADM, GOV, DNR) 3/20/95                
 03/31/95              (H)   JUD AT 01:00 PM CAPITOL 120                       
 03/31/95              (H)   MINUTE(JUD)                                       
 04/05/95              (H)   JUD AT 01:00 PM CAPITOL 120                       
                                                                               
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 95-42, SIDE A                                                            
 Number 000                                                                    
                                                                               
 The House Judiciary Standing Committee was called to order at 1:12            
 p.m. on Wednesday, April 5, 1995.  All members were present.                  
 CHAIRMAN BRIAN PORTER stated that the following bills would be                
 heard:  CSHB 10, HB 286, CSSB 106, and CSSB 41.                               
                                                                               
 HB 10 - PAYMENT OF COSTS OF DWI ACCIDENTS                                 
                                                                               
 REPRESENTATIVE JOHN DAVIES, bill sponsor, introduced HB 10.  It               
 requires driving while intoxicated (DWI) offenders convicted of               
 causing a motor vehicle accident to pay for the cost of emergency             
 services responders to that accident.  The problems and associated            
 costs of driving while intoxicated are clear.  According to                   
 national statistics, 43 percent of all fatal motor vehicle                    
 accidents involve alcohol.  According to the Department of Public             
 Safety, 40 percent of all DWI arrests involve repeat offenders.               
 Furthermore, alcohol related accidents nationwide result in                   
 economic costs of $46.1 billion per year, according to United                 
 States Transportation Department in 1990.  HB 10 attempts to                  
 address these problems in two ways.  First, as a deterrent to those           
 who drive while intoxicated, by raising the financial penalty for             
 doing so.  By raising the financial burden to those breaking the              
 law, HB 10 emphasizes the seriousness of the crime.  Secondly, this           
 bill shifts the financial responsibility of emergency services from           
 the law abiding, tax paying citizens to the convicted DWI offender.           
 There are three states, California, Indiana, and Kansas that have             
 already enacted similar reimbursement laws.                                   
                                                                               
 Number 090                                                                    
                                                                               
 REPRESENTATIVE CYNTHIA TOOHEY asked what would happen if the person           
 was indigent.                                                                 
                                                                               
 REPRESENTATIVE DAVIES said what would happen is the same thing that           
 happens now in other types of cases.  If there is a court judgment            
 against a person who is unable to pay or has relatively small                 
 resources, the court will agree to a payment schedule of $10 per              
 month, or whatever the person can afford.                                     
                                                                               
 REPRESENTATIVE TOOHEY thought we should be able to attach the                 
 permanent fund to this.  They should be held responsible.                     
                                                                               
 REPRESENTATIVE AL VEZEY asked if they had looked into the process             
 of issuing a court order to pay a third party in a criminal                   
 proceeding, as opposed to a civil proceeding.                                 
                                                                               
 REPRESENTATIVE DAVIES said they did have lawyers look it over.                
 Some municipalities actually have a similar law now allowing courts           
 to issue a bench warrant, and so it would add a little bit of clout           
 behind the billing.                                                           
                                                                               
 DAVE TYLER testified via teleconference, representing the Alaska              
 Fire Chief's Association.  DWIs do create lots of types of                    
 tragedies, people are left crippled, and property is destroyed.               
 Other issues that do not generally come to light and are not so               
 obvious, are the risks to responders and the costs involved.  It is           
 quite hard on our responders.  For example, when a woman is killed            
 in an accident it is real hard to give an answer when a husband               
 comes up and asks how the wife is doing.  This really causes a lot            
 of stress.  We also have the physical hazards, such as fire hazards           
 when attending to vehicle accidents.  Another possibility that                
 exists is the exposure to bloodborne pathogens.  Emergency                    
 responders go through hours and hours of training to learn how to             
 handle these situations safely.  We realize this all goes with the            
 job, but the criminals should somehow be held accountable for their           
 actions.                                                                      
                                                                               
 Number 220                                                                    
                                                                               
 REPRESENTATIVE CON BUNDE said he was very supportive of what the              
 sponsor was trying to do and has little patience for DWI offenders.           
 He asked if Representative Davies could see this law broadening out           
 to include reckless driving.  Why should someone who is drunk and             
 cause this expense be more liable than someone who is reckless and            
 causes the expense?                                                           
                                                                               
 REPRESENTATIVE DAVIES said that was a good question.  We had                  
 thought about generalizing the bill, but as you know, this bill               
 only amends the drunk driving statute, and so it is limited to that           
 arena.  One might fairly consider those other things.  We wanted to           
 keep this particular bill focused narrowly on the DWI issue.  He              
 felt this reasoning was justified because of the very large number            
 of accidents that are caused by drunk drivers (40 - 50 percent of             
 fatal accidents).                                                             
                                                                               
 REPRESENTATIVE VEZEY made a motion to move CSHB 10(STA) out of                
 committee with individual recommendations and attached fiscal                 
 notes.  Hearing no objection, it was so ordered.                              
                                                                               
 HB 286 - CRUISE SHIP GAMBLING AND PROMOTIONS                                
                                                                               
 Number 275                                                                    
                                                                               
 TOM DOW, Vice President, Princess Cruise Lines, Seattle, presented            
 the following sponsor statement on behalf of the sponsor,                     
 Representative Bill Williams:                                                 
                                                                               
 "House Bill 286 gives the state authorization to offer an exemption           
 from gambling statutes to cruise ships.  This exemption would allow           
 cruise ships to operate their casinos in Alaska waters.                       
                                                                               
 "Casino gambling aboard cruise ships is an amenity needed to keep             
 Alaska on a par with other cruise destinations.  While gambling is            
 not the main attraction of cruises to other parts of the world, it            
 is an accepted and expected part of the experience.                           
                                                                               
 "In these times of strict budget discipline it is important to find           
 new sources of income.  Ships that take advantage of this exemption           
 will pay the state of Alaska fees ranging from $10,000 to $40,000             
 per year.  Initial projections suggest this could add an additional           
 $500,000 per year to state coffers.                                           
                                                                               
 "This bill supports the tourism industry and raises state revenues.           
 I ask you to support House Bill 286."                                         
                                                                               
 MR. DOW stated that this practice of operating on-board casinos has           
 been in place for over 20 years prior to a question being raised in           
 1993.  The result of that question being raised was an Attorney               
 General's Opinion stating that since there is nothing to exempt               
 these operations in Alaska law, they were not exempt.  We took that           
 as a clue that something should be done.  Last year, this committee           
 as well as the House Finance Committee, and the same committees on            
 the Senate side reviewed the bill.  There have been a couple of               
 changes this year.  One, is that under current law, there is a                
 prohibition against an employee of a casino from serving alcohol in           
 a casino.  There are bars and lounges in and adjacent to casinos.             
 Employees are commingled in those rooms, so the current bill                  
 reflects an exemption from that statute.  Secondly, under the                 
 charitable gaming laws, there is a requirement for a license for              
 video games, pinball machines, etc., which do not pay out cash, but           
 might offer prizes.  As the business evolves, we are finding more             
 and more teens and young adults on our cruises, so many cruise                
 lines are offering video arcade games.  The license fee is $25 per            
 year.  We have asked to be exempt from that fee.  We estimate that            
 the cruise ships will bring an estimated $575,000 in revenues to              
 the state this year.  This video game licensing fee would require             
 some auditing and calculation of the pro rata share of the time               
 these video machines were actually in the state.  It would be some            
 fraction of four months a year, perhaps half of that time.  So you            
 would be talking about 1/6 of $25 per machine.  The accounting for            
 that would eat up the fee.  This has nothing to do with the concern           
 over gift shop promotions that came up last year.  What we had                
 agreed to do in the previous bill would require full disclosure of            
 these on-board gift shop promotions.                                          
                                                                               
 Number 420                                                                    
                                                                               
 REPRESENTATIVE CYNTHIA TOOHEY asked about the shore excursion                 
 trips.  Are these trips solicited by you to sell?  Do you pick and            
 choose?                                                                       
                                                                               
 MR. DOW said they do pick and choose.  His company responds to                
 solicitations, and they look at the product and sample it.  We                
 examine the reliability, dependability, cost and cleanliness of the           
 operation.  We probably have 150 of these on-shore adventures in a            
 booklet for customers to pick from.                                           
                                                                               
 REPRESENTATIVE FINKELSTEIN asked about the on-shore excursion part            
 of the bill.  What is the difference between on-shore excursions              
 and gift shops?  The previous discussion was not just about gift              
 shops, it was about on-shore services.  In that scenario you just             
 described, you did not mention whether or not that on-shore company           
 is paying you to be in that catalog.                                          
                                                                               
 MR. DOW answered that the vendors absolutely do pay a commission              
 for the sale.  They are not paying a consideration cost to be                 
 listed in the book.  The gift shop promotion business differs a               
 little bit, in that these are usually verbal presentations and                
 there are a lot of possibilities for abuse by the employee giving             
 the lectures, perhaps giving a little extra body language to one              
 gift shop over another, because somebody is paying them on the side           
 to do it.  It is a system that has been abused in the past, and we            
 have never participated in it.  The cruise line's defense of on-              
 board promotions is that in some international venues, they believe           
 people are concerned about where they might be ripped off.  If                
 there is a problem, these people can come back and say, "Wait a               
 minute.  You recommended this gift shop, and I got some shoddy                
 merchandise, and they would not give me a refund."  The passengers            
 have some leverage in the deal.  We do not think that is a problem            
 in Alaska.                                                                    
                                                                               
 Number 550                                                                    
                                                                               
 REPRESENTATIVE TOOHEY asked for clarification on what the ship's              
 booklet included.  She did not like the idea of them sending people           
 to particular shops.                                                          
                                                                               
 MR. DOW said sending someone to a gift shop is different than                 
 putting them on a helicopter.  If we suggest a helicopter tour or             
 raft trip, we assume some liability there, just by offering it.  We           
 have on board, the equivalent of an in-flight magazine, such as               
 Alaska Airlines has.  People can buy advertising in those                     
 magazines.  We do not have promotions, but we do have printed                 
 advertising like you would find if you opened up your drawer at the           
 hotel room or in the front of your seat on the airplane.  Everybody           
 has an opportunity to advertise.                                              
                                                                               
 REPRESENTATIVE BUNDE asked what the commission was for advertising.           
                                                                               
 MR. DOW answered that it is somewhere from 15 to 20 percent.                  
                                                                               
 REPRESENTATIVE VEZEY asked what the distance from shore was for               
 allowing gambling in international waters.                                    
                                                                               
 MR. DOW said it is three miles.                                               
                                                                               
 Number 690                                                                    
                                                                               
 CHAIRMAN PORTER noted the point is that the three mile restriction            
 extends from the port to the cruise ship, rather than from the ship           
 to the shore, because while coming up the passage, the ships are              
 always within three miles of the shore.                                       
                                                                               
 REPRESENTATIVE FINKELSTEIN offered an amendment to page 4, line 8.            
 He wanted to insert "on a commission basis" after the word "sold."            
                                                                               
 CHAIRMAN PORTER objected and a roll call vote was taken.                      
 Representatives Finkelstein and Davis voted yes.  Representatives             
 Bunde, Toohey, Vezey, Green and Porter voted no.  The amendment               
 failed five to two.                                                           
                                                                               
 Number 800                                                                    
                                                                               
 REPRESENTATIVE GREEN asked if someone could quickly explain what an           
 unsworn falsification consists of, referring to page 3, line 7.               
                                                                               
 ANNE CARPENETI, House Judiciary Committee Aide, said it is when you           
 sign something certifying that it is true, but you do not take an             
 oath.                                                                         
                                                                               
 REPRESENTATIVE GREEN asked if there was any assurance for age                 
 restrictions for cruise ship gambling.                                        
                                                                               
 MR. DOW did not know.                                                         
                                                                               
 CHAIRMAN PORTER assumed that since the casinos are in general                 
 proximity to a lounge, which precludes anyone under 21, that the              
 gambling would also preclude anyone under 21.                                 
                                                                               
 REPRESENTATIVE BUNDE made a motion to move HB 286 out of committee            
 with individual recommendations and no fiscal notes.  Seeing no               
 objection, it was so ordered.                                                 
                                                                               
                                                                               
 TAPE 95-42, SIDE B                                                            
 Number 000                                                                    
                                                                               
 CSSB 106(JUD) - NO MINORS WORK/ATTEND ADULT BUSINESSES                    
                                                                               
 TERESA SAGER, Committee Aide, Senate Rules Committee, introduced              
 the bill.  Sponsor statement:                                                 
                                                                               
 "Senate Bill 106 would prohibit businesses that provide adult                 
 entertainment, such as strip tease establishments, from allowing              
 persons under 18 to patronize or be employed at such businesses.              
                                                                               
 "Most adult entertainment establishments in Alaska serve alcohol              
 which requires that employees be at least 19 and customers at least           
 21 years of age.  However, recently some adult entertainment                  
 businesses have opened in Anchorage and Fairbanks that do not serve           
 alcohol, therefore, the age limit rules that are usually imposed              
 because of the service of alcohol do not apply.                               
                                                                               
 "CSSB 106(JUD) aims to close that loophole, ensuring that minors              
 may not work in or patronize any such establishment, regardless of            
 the nature of the work and regardless of whether the business does            
 or does not serve alcohol.                                                    
                                                                               
 "The bill establishes the following penalties:                                
                                                                               
 Business allowing minors as patrons:                                        
                                                                               
 Class A Misdemeanor(up to $5,000 fine, up to 1 year                        
  jail)                                                                      
                                                                               
 Business employing minors, 1st offense:                                      
                                                                             
 Class A Misdemeanor (up to $5,000 fine, up to 1 year                        
 jail)                                                                         
                                                                               
 Business employing minors, 2nd & subsequent offenses:                        
                                                                               
 Class C Felony (up to $50,000 fine, up to 5 years jail)"                    
                                                                               
 REPRESENTATIVE VEZEY could not recall a single business venture               
 that has survived commercially, that has not served alcohol.  Do we           
 even need to worry about these businesses continuing?                         
                                                                               
 CHAIRMAN PORTER said one of the reasons these businesses providing            
 entertainment to minors do not work, is that the law enforcement              
 agencies in the communities are forced into monitoring these places           
 night after night after night.  This is the only way to disallow              
 the function of consuming alcohol on or near the premises.  This              
 bill would do away with the need to monitor these clubs, because it           
 would pretty well do away with the employers' ability to run them.            
                                                                               
 Number 080                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN asked about Section 3.  In (f) 1 and 2             
 we have set up a standard for what the violation is:  "dancing                
 partly or completely unclothed, removing clothes," and the                    
 penalties seem to make sense.  If you are caught doing it, you get            
 the lowest level of misdemeanor, a fine up to $500, and up to 90              
 days in jail.  Then the penalties go up from there.  None of that             
 makes any sense to me for (f) 3.  Here is a person who is                     
 participating in either actual or simulated sexual penetration, or            
 various categories of exhibition or bestiality.  It is like apples            
 and oranges in this section.  We have a little stiffer laws than              
 these already for someone who was to engage a minor in these kinds            
 of activities.  Am I missing something here?                                  
                                                                               
 MS. SAGER asked if Representative Finkelstein was saying that there           
 is a differentiation of penalties for the type of activity and for            
 the type of entertainment offered?                                            
                                                                               
 REPRESENTATIVE FINKELSTEIN answered no, but to clarify it, he                 
 completely understands the penalties and the provisions as they               
 would apply to numbers 1 and 2 under Section 3.  But when you get             
 to number 3 of Section 3, we have already got a whole variety of              
 laws that deal with an adult or individual who engages or hires a             
 minor to be involved in sexual penetration or some of these other             
 things.  It does not seem that we would want to apply these lower             
 penalties to something like this.  It does not necessarily relate             
 to what this bill is after.                                                   
                                                                               
 CHAIRMAN PORTER noted that Section 3 is a prohibition against                 
 allowing a minor to work in a premise that does this.  The                    
 presumption would be that this would be an adult premise,                     
 precluding minors from being patrons, but there are exceptions for            
 minors to work in places that have liquor licenses, for example.              
 He said he knows that there are jurisdictions within the United               
 States where they actually allow live sex acts.                               
                                                                               
 REPRESENTATIVE FINKELSTEIN said that is right but we do not allow             
 such acts.  That is the point.                                                
                                                                               
 CHAIRMAN PORTER answered that in case we ever do allow them, we are           
 saying that we are sure we do not want minors working there.                  
                                                                               
 REPRESENTATIVE FINKELSTEIN still felt that if it did occur, this is           
 way too small of a penalty for this kind of activity.                         
                                                                               
 CHAIRMAN PORTER said this would not be for the activity itself, it            
 would be just for allowing a minor to work there.                             
                                                                               
 REPRESENTATIVE FINKELSTEIN stated that Section 4 appears to be for            
 the minor, and Section 5 for the employer.                                    
                                                                               
 ANNE CARPENETI, House Judiciary Committee Aide, explained that all            
 of the penalties in this bill are for the employer, or his/her                
 agent.                                                                        
                                                                               
 REPRESENTATIVE FINKELSTEIN asked what the difference was between              
 Sections 4 and 5.                                                             
                                                                               
 MS. CARPENETI answered that Section 4 sets forth the penalty for              
 allowing a minor to be present at an establishment, whereas Section           
 5 sets the penalty for employing them at one.                                 
                                                                               
 REPRESENTATIVE FINKELSTEIN said that made sense.                              
                                                                               
 CHARLES MCKEE testified via teleconference from Anchorage.  He said           
 with what this bill is attempting to do, the penalties are not                
 stiff enough.  They are only misdemeanors.  He did not know if any            
 of the committee members would appreciate their 18-year-old                   
 daughters working in establishments such as these mentioned.  He              
 recommended these establishments be shut down.  They should not be            
 in business.  He talked to an operator last Sunday who was bragging           
 to another individual that he had 14 back rooms for activities                
 other than stage acts.  He realized who he was talking to, and they           
 do not have the appropriate liability coverage, nor does the state.           
 Under Senate Bill 53, they tried to violate his individual property           
 rights.  Seeing how they do not have the right to purchase                    
 appropriate liability coverage, they should not be in business at             
 all.                                                                          
                                                                               
 Number 270                                                                    
                                                                               
 REPRESENTATIVE CYNTHIA TOOHEY made a motion to move the bill out of           
 committee with individual recommendations and zero fiscal notes.              
 Seeing no objection, CSSB 106(JUD) moved.                                     
                                                                               
 CSSB 41(JUD) - REPORTS BY OUT OF STATE FISHING VESSELS                      
                                                                               
 Number 275                                                                    
                                                                               
 TERRY OTNESS, Legislative Assistant to Senator Robin Taylor,                  
 introduced CSSB 41(JUD).  Sponsor statement:                                  
                                                                               
 "This legislation would require foreign fishing vessels transiting            
 or lying in state waters to report their catch by species, quantity           
 and the area where harvested.                                                 
                                                                               
 "The bill was introduced at the request of the Ketchikan Trollers             
 Committee in response to the rapid expansion of the fishery off               
 Cape Muzon and Cape Chacon.  It has gone from a relatively minor              
 fishery with a dozen or so trollers, to a modern freezer fleet,               
 that is at times in excess of 100 vessels.  It will be possible to            
 monitor this fishery because a transit to Canadian harbors is some            
 30 miles across waters exposed to the ocean -- so the ships often             
 anchor in state waters until their holds are full.                            
                                                                               
 "The committee substitute changes the phrase `Foreign fishing                 
 vessels' to `unlicensed fishing vessels' and defines an unlicensed            
 fishing vessel as a vessel that is not licensed under AS 16.05.490            
 - 530.  This change eliminates possible confusion with federal                
 statutes which place a different definition on `foreign fishing               
 vessels.'                                                                     
                                                                               
 "In a letter to Senator Taylor and Representative Williams, the               
 trollers committee states, `Southeast Alaskan fishermen are                   
 suffering irreparable harm at the U.S./Canada Pacific Salmon Treaty           
 due to the inability or willingness of fishery managers in British            
 Columbia to monitor this growing fishery.'  The letter continues,             
 `these reporting requirements would result in better harvest                  
 information during the season.'                                               
                                                                               
 "While it would be ideal to have the Board of Fish implement this             
 for the upcoming season, timing considerations preclude this from             
 occurring until next year.  The Department of Fish and Game has               
 given this measure a zero fiscal note.  I encourage your support of           
 this measure."                                                                
                                                                               
 REPRESENTATIVE BUNDE said there was a problem earlier this spring             
 with scallop fisheries.  Will this have any impact on that problem?           
                                                                               
 MR. OTNESS said it would not, to his knowledge.  They were an                 
 unlicensed vessel, so they may be able to monitor that if they came           
 into state waters.                                                            
                                                                               
 REPRESENTATIVE BUNDE thought the problem was that they stayed                 
 outside, and did not come into state waters.                                  
                                                                               
 CHAIRMAN PORTER recalled that they fished outside, came inside, but           
 since they did not fish inside, they did not have to be licensed              
 inside.                                                                       
                                                                               
 REPRESENTATIVE CYNTHIA TOOHEY asked if this has happened with any             
 of the other countries other than Canada; perhaps the Taiwanese?              
                                                                               
 MR. OTNESS said not to his knowledge, but it is possible.                     
                                                                               
 REPRESENTATIVE FINKELSTEIN asked if we are certain that in the                
 meantime, the Board of Fish, or Fish and Game could not impose this           
 reporting requirement as an emergency measure or temporary measure            
 for the remainder of this season.                                             
                                                                               
 MR. OTNESS thought there were existing laws that would preclude               
 them from processing their fish in our state waters, but he had not           
 looked into that.                                                             
                                                                               
 REPRESENTATIVE FINKELSTEIN asked what the chance would be if this             
 went into effect, that this would discourage them from pulling into           
 Alaskan waters.                                                               
                                                                               
 MR. OTNESS said if you looked at the map, the 30 miles transit                
 distance would discourage them from coming into our waters.                   
                                                                               
 REPRESENTATIVE VEZEY asked if this would apply to sport fishing               
 vessels.                                                                      
                                                                               
 MR. OTNESS did not think so, but he would have to look at the                 
 statute.                                                                      
                                                                               
 REPRESENTATIVE VEZEY said he really would like to know.                       
                                                                               
 MR. OTNESS explained that the map indicated the areas in which the            
 fishing was actually occurring.  The idea is for the Department of            
 Fish and Game to be able to accurately obtain information on the              
 type of species caught, and the amount.  In order to obtain this              
 information, we need to have the fishing vessels in our                       
 jurisdiction.  We can do this by requiring them to report to us               
 when they are anchoring or transiting our waters.                             
                                                                               
 REPRESENTATIVE VEZEY asked if they are actually going back to                 
 Canada to market their fish.                                                  
                                                                               
 MR. OTNESS said yes, they are.                                                
                                                                               
 CHAIRMAN PORTER pointed out that this would not apply to sport                
 fishing, since the particular statute references are to commercial            
 fishing.                                                                      
                                                                               
 REPRESENTATIVE VEZEY felt it was unclear, because it refers to                
 licensed vessels under the particular statute, and sport fishing              
 boats are not licensed under the statute either.  He felt the bill            
 should make it very clear that they are NOT addressing sport                  
 fishing.                                                                      
                                                                               
 REPRESENTATIVE TOOHEY made a motion to move CSSB 41(JUD) out of               
 committee with individual recommendations and zero fiscal notes.              
 Seeing no objection, it was so ordered.                                       
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 The House Judiciary Committee adjourned at 2:35 p.m.                          
                                                                               

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