Legislature(2005 - 2006)

04/01/2005 02:09 PM JUD


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02:09:06 PM Start
02:09:14 PM HB54
02:10:07 PM HB184
02:52:15 PM HB12
03:05:42 PM Presentation on Sex Trafficking by Leslie R. Wolfe, Ph.d., President, Center for Women Policy Studies
03:45:55 PM HB148
03:56:20 PM HB101
04:13:46 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 1, 2005                                                                                          
                           2:09 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Lesil McGuire, Chair                                                                                             
Representative Tom Anderson                                                                                                     
Representative John Coghill                                                                                                     
Representative Nancy Dahlstrom                                                                                                  
Representative Pete Kott                                                                                                        
Representative Les Gara                                                                                                         
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Berta Gardner                                                                                                    
Representative Ralph Samuels                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 54                                                                                                               
"An Act relating to bail review."                                                                                               
                                                                                                                                
     - MOVED CSHB 54(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 184                                                                                                              
"An Act relating to firearms."                                                                                                  
                                                                                                                                
     - MOVED CSHB 184(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 12                                                                                                               
"An Act relating to televisions and monitors in motor vehicles."                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PRESENTATION ON SEX TRAFFICKING BY LESLIE R. WOLFE, PH.D.,                                                                      
PRESIDENT, CENTER FOR WOMEN POLICY STUDIES                                                                                      
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 148                                                                                                              
"An Act relating to trafficking of persons."                                                                                    
                                                                                                                                
     - MOVED CSHB 148(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 101                                                                                                              
"An Act relating to sex trafficking and tourism."                                                                               
                                                                                                                                
     - MOVED CSHB 101(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 94                                                                                                               
"An Act  relating to  qualifications of  voters, requirements  and                                                              
procedures  regarding  independent  candidates for  President  and                                                              
Vice-President  of  the  United  States,  voter  registration  and                                                              
voter  registration records,  voter registration  through a  power                                                              
of attorney,  voter  registration using  scanned documents,  voter                                                              
residence,  precinct boundary  and polling  place designation  and                                                              
modification,  recognized political  parties, voters  unaffiliated                                                              
with   a  political   party,   early  voting,   absentee   voting,                                                              
application for absentee  ballots through a power  of attorney, or                                                              
by scanned  documents, ballot design,  ballot counting,  voting by                                                              
mail,   voting   machines,   vote   tally   systems,   initiative,                                                              
referendum, recall,  and definitions in the Alaska  Election Code;                                                              
relating  to   incorporation  elections;  and  providing   for  an                                                              
effective date."                                                                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  54                                                                                                                  
SHORT TITLE: BAIL REVIEW                                                                                                        
SPONSOR(S): REPRESENTATIVE(S) SAMUELS, STOLTZE                                                                                  
                                                                                                                                
01/10/05       (H)       PREFILE RELEASED 1/7/05                                                                                
01/10/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/10/05       (H)       JUD, FIN                                                                                               
03/30/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/30/05       (H)       Heard & Held                                                                                           
03/30/05       (H)       MINUTE(JUD)                                                                                            
04/01/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 184                                                                                                                  
SHORT TITLE: MUNICIPAL FIREARM ORDINANCES                                                                                       
SPONSOR(S): REPRESENTATIVE(S) CHENAULT                                                                                          
                                                                                                                                
02/28/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/05       (H)       CRA, JUD                                                                                               
03/22/05       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
03/22/05       (H)       Moved Out of Committee                                                                                 
03/22/05       (H)       MINUTE(CRA)                                                                                            
03/22/05       (H)       CRA RPT 3DP 1DNP 3AM                                                                                   
03/22/05       (H)       DP: SALMON, NEUMAN, OLSON;                                                                             
03/22/05       (H)       DNP: CISSNA;                                                                                           
03/22/05       (H)       AM: LEDOUX, KOTT, THOMAS                                                                               
04/01/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB  12                                                                                                                  
SHORT TITLE: TVS AND MONITORS IN MOTOR VEHICLES                                                                                 
SPONSOR(S): REPRESENTATIVE(S) GRUENBERG, LYNN, GARDNER, MCGUIRE                                                                 
                                                                                                                                
01/10/05       (H)       PREFILE RELEASED 12/30/04                                                                              
01/10/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/10/05       (H)       STA, JUD, FIN                                                                                          
03/01/05       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/01/05       (H)       Scheduled But Not Heard                                                                                
03/05/05       (H)       STA AT 9:30 AM CAPITOL 106                                                                             
03/05/05       (H)       Heard & Held                                                                                           
03/05/05       (H)       MINUTE(STA)                                                                                            
03/17/05       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/17/05       (H)       Moved CSHB 12(STA) Out of Committee                                                                    
03/17/05       (H)       MINUTE(STA)                                                                                            
03/18/05       (H)       STA RPT CS(STA) NT 6DP                                                                                 
03/18/05       (H)       DP: GARDNER, LYNN, GATTO, GRUENBERG,                                                                   
                         ELKINS, SEATON                                                                                         
04/01/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 148                                                                                                                  
SHORT TITLE: TRAFFICKING OF PERSONS                                                                                             
SPONSOR(S): REPRESENTATIVE(S) KERTTULA                                                                                          
                                                                                                                                
02/14/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/05       (H)       JUD, FIN                                                                                               
03/07/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/07/05       (H)       Heard & Held                                                                                           
03/07/05       (H)       MINUTE(JUD)                                                                                            
03/18/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/18/05       (H)       Heard & Held                                                                                           
03/18/05       (H)       MINUTE(JUD)                                                                                            
04/01/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 101                                                                                                                  
SHORT TITLE: SEX TRAFFICKING AND TOURISM                                                                                        
SPONSOR(S): REPRESENTATIVE(S) CROFT                                                                                             
                                                                                                                                
01/21/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/05       (H)       JUD, FIN                                                                                               
03/07/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/07/05       (H)       Heard & Held                                                                                           
03/07/05       (H)       MINUTE(JUD)                                                                                            
03/18/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/18/05       (H)       Heard & Held                                                                                           
03/18/05       (H)       MINUTE(JUD)                                                                                            
04/01/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SARA NIELSEN, Staff                                                                                                             
to Representative Ralph Samuels                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During discussion of HB 54, explained the                                                                  
proposed amendment on behalf of Representative Samuels, one of                                                                  
the bill's prime sponsors.                                                                                                      
                                                                                                                                
ERICH DeLAND, Staff                                                                                                             
to Representative Mike Chenault                                                                                                 
House Finance Committee                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 184 on behalf of the sponsor,                                                                 
Representative Chenault.                                                                                                        
                                                                                                                                
WALT MONEGAN, Chief                                                                                                             
Anchorage Police Department (APD)                                                                                               
Municipality of Anchorage (MOA)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During discussion of HB 184, expressed                                                                     
concerns with the bill and responded to questions.                                                                              
                                                                                                                                
BRIAN JUDY, Alaska State Liaison                                                                                                
Institute for Legislative Action                                                                                                
National Rifle Association of America (NRA)                                                                                     
Sacramento California                                                                                                           
POSITION STATEMENT:  During discussion of HB 184, provided                                                                      
comments and asked for the committee's support of the bill.                                                                     
                                                                                                                                
FRED PIKE, Interim Manager                                                                                                      
Bristol Bay Borough                                                                                                             
Naknek, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in opposition to HB 184.                                                                         
                                                                                                                                
JERRY CASTLEBERRY, Chief                                                                                                        
Bristol Bay Borough Police Department                                                                                           
Bristol Bay Borough                                                                                                             
Naknek, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in opposition to HB 184.                                                                         
                                                                                                                                
JENNIFER YUHAS, Executive Director                                                                                              
Alaska Outdoor Council (AOC)                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 184.                                                                            
                                                                                                                                
CARY R. GRAVES, City Attorney                                                                                                   
City of Kenai                                                                                                                   
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  During discussion of HB 184, expressed                                                                     
concern with language in the bill and suggested a change.                                                                       
                                                                                                                                
SCOTT HAMANN                                                                                                                    
Nikiski, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of HB 184.                                                                            
                                                                                                                                
KATHLEEN WASSERMAN                                                                                                              
Alaska Municipal League (AML)                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided comments during discussion of HB                                                                  
184.                                                                                                                            
                                                                                                                                
FREDERICK H. BONESS, Municipal Attorney                                                                                         
Department of Law                                                                                                               
Municipality of Anchorage (MOA)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During discussion of HB 184, expressed                                                                     
concerns with the bill and suggested a change.                                                                                  
                                                                                                                                
DAVID WEIZER                                                                                                                    
(Address not provided)                                                                                                          
POSITION STATEMENT:   Testified  in support of  HB 12  and relayed                                                              
his personal  experience regarding  family members  who died  in a                                                              
vehicle accident  caused by someone  who was watching a  DVD while                                                              
driving.                                                                                                                        
                                                                                                                                
DEBORAH CHORMANSKI HULL-JILLY, Acting Chief                                                                                     
Community Health & Emergency Medical Services                                                                                   
Division of Public Health                                                                                                       
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified  in support of  HB 12  and offered                                                              
statistics.                                                                                                                     
                                                                                                                                
REPRESENTATIVE BETH KERTTULA                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:     Introduced  Leslie   R.  Wolfe,   Ph.D.,                                                              
President,  Center   For  Women  Policy  Studies,   who  gave  the                                                              
presentation  on sex  trafficking,  and responded  to a  question;                                                              
spoke as the sponsor of HB 148.                                                                                                 
                                                                                                                                
LESLIE R. WOLFE, Ph.D., President                                                                                               
Center For Women Policy Studies                                                                                                 
Washington D.C.                                                                                                                 
POSITION  STATEMENT:   Gave the  presentation  on sex  trafficking                                                              
and responded to questions.                                                                                                     
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section-Juneau                                                                                                   
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Responded to questions during  discussion of                                                              
HB 148.                                                                                                                         
                                                                                                                                
MARK GNADT, Staff                                                                                                               
to Representative Eric Croft                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During discussion  of HB 101,  presented the                                                              
proposed committee  substitute (CS), Version  G, on behalf  of the                                                              
sponsor, Representative Croft.                                                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR   LESIL  McGUIRE   called  the   House  Judiciary   Standing                                                            
Committee  meeting  to  order  at  2:09:06  PM.    Representatives                                                            
McGuire,  Anderson, Coghill,  and  Dahlstrom were  present at  the                                                              
call  to  order.    Representatives   Kott,  Gruenberg,  and  Gara                                                              
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
HB 54 - BAIL REVIEW                                                                                                           
                                                                                                                                
CHAIR McGUIRE  announced that  the first  order of business  would                                                              
be HOUSE BILL NO.  54, "An Act relating to bail  review."  [Before                                                              
the committee  was the proposed  committee substitute (CS)  for HB                                                              
54,  Version  24-LS0271\Y,  Luckhaupt,  3/21/05,  which  had  been                                                              
adopted as the work draft on 3/30/05.]                                                                                          
                                                                                                                                
2:09:14 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE, after  ascertaining that no one  wished to testify,                                                              
closed  public  testimony  on HB  54.    She noted  that  member's                                                              
packets  included  a  proposed  amendment  labeled  24-LS0271\Y.2,                                                              
Luckhaupt, 3/30/05, which read:                                                                                                 
                                                                                                                                
     Page 2, following line 27:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "*  Sec. 7.    The uncodified  law  of  the State  of                                                               
     Alaska is amended by adding a new section to read:                                                                         
          CONDITIONAL EFFECT.  AS 12.45.015, added by sec.                                                                      
     3 of this Act,  takes effect only if sec. 5  of this Act                                                                   
     receives  the two-thirds  majority  vote  of each  house                                                                   
     required  by  art.  IV, sec.  15,  Constitution  of  the                                                                   
     State of Alaska.                                                                                                           
        *  Sec.  8.   The  uncodified  law  of the  State  of                                                                 
     Alaska is amended by adding a new section to read:                                                                         
          CONDITIONAL EFFECT.  AS 47.12.110(f), added by                                                                        
     sec.  4 of  this Act,  takes effect  only if  sec. 6  of                                                                   
     this Act receives  the two-thirds majority vote  of each                                                                   
     house  required by  art. IV,  sec.  15, Constitution  of                                                                   
     the State of Alaska."                                                                                                      
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
SARA  NIELSEN,  Staff  to  Representative  Ralph  Samuels,  Alaska                                                              
State Legislature,  one of the prime  sponsors of HB 54,  said, on                                                              
behalf  of Representative  Samuels,  that  the proposed  amendment                                                              
simply states  that the  court rule changes  would require  a two-                                                              
thirds vote.                                                                                                                    
                                                                                                                                
CHAIR  McGUIRE  made a  motion  to  adopt the  foregoing  proposed                                                              
amendment as Amendment  1.  There being no objection,  Amendment 1                                                              
was adopted.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDERSON moved to  report the  proposed CS  for HB                                                              
54, Version  24-LS0271\Y, Luckhaupt,  3/21/05, as amended,  out of                                                              
committee  with individual  recommendations  and the  accompanying                                                              
zero fiscal  notes.   There being no  objection, CSHB  54(JUD) was                                                              
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
HB 184 - MUNICIPAL FIREARM ORDINANCES                                                                                         
                                                                                                                                
2:10:07 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE announced  that the next order of  business would be                                                              
HOUSE BILL NO. 184, "An Act relating to firearms."                                                                              
                                                                                                                                
2:10:56 PM                                                                                                                    
                                                                                                                                
ERICH  DeLAND,  Staff  to  Representative   Mike  Chenault,  House                                                              
Finance  Committee, Alaska  State  Legislature,  sponsor, said  on                                                              
behalf  of  Representative  Chenault   that  HB  184  prohibits  a                                                              
municipality from overriding state law on the issue of firearms.                                                                
                                                                                                                                
WALT   MONEGAN,   Chief,  Anchorage   Police   Department   (APD),                                                              
Municipality of Anchorage  (MOA), said he has two  issues to raise                                                              
regarding  HB 184, one  of them  being that  the bill could  cloud                                                              
existing  law  and  policy  as  they  pertain  to  weapons.    For                                                              
example, if a group  of youths are driving down  the road shooting                                                              
firearms  out  of  their  vehicle,   that  behavior  is  currently                                                              
covered by  local municipal  law - discharging  a weapon  within a                                                              
municipality -  but state law  stipulates that the  behavior would                                                              
have to take place  on a highway and that the  behavior would have                                                              
to endanger someone before it would be covered.                                                                                 
                                                                                                                                
MR.  MONEGAN  said that  similarly,  there  is a  local  Anchorage                                                              
ordinance prohibiting  firearms in  municipal buildings,  and that                                                              
that ordinance  might no longer  be enforceable after  the passage                                                              
of HB  184, since  no such  prohibition  exists in  state law.   A                                                              
bigger issue,  however, is that passage  of HB 184 could  affect a                                                              
local government's  ability to govern itself, which  in turn could                                                              
complicate  the  issue of  rural  law  enforcement staffing.    If                                                              
local governments  decide to  do away with  local laws and  opt to                                                              
follow only state  laws, then the state will end  up having to pay                                                              
for expanded  law enforcement into  Bush areas, and there  will be                                                              
less money  available for education  and other items  that promote                                                              
peaceful  communities.   He asked  the committee  to consider  the                                                              
possible  unintended  consequences,  the backlash,  of  mitigating                                                              
local governments' rights.                                                                                                      
                                                                                                                                
2:14:49 PM                                                                                                                    
                                                                                                                                
BRIAN  JUDY,  Alaska  State  Liaison,  Institute  for  Legislative                                                              
Action, National  Rifle Association  of America  (NRA), urged  the                                                              
committee to  support HB 184, adding  that it will  strengthen and                                                              
broaden the  existing "Alaska  state firearm preemption  statute."                                                              
He  offered  his  understanding  that  current  [state]  law  only                                                              
narrowly limits a  local government's ability to  impose two types                                                              
of restrictions,  one pertaining  to the right  to own  or possess                                                              
firearms   within  a  residence,   and  one   pertaining   to  the                                                              
transportation   of  unloaded  firearms.     Any  other   type  of                                                              
restriction  may be  imposed by  local  municipalities.   Further,                                                              
existing   [state]  law   allows  local   governments  to   create                                                              
restrictions   in  the  aforementioned   two  categories   if  the                                                              
restrictions are  ratified by  the voters.   He said that  the NRA                                                              
doesn't think  that this  stipulation is  right; the  fundamental,                                                              
constitutional  rights of a  minority should  not be limited  just                                                              
because  a  majority   of  voters  support  the   ratification  of                                                              
limitations.                                                                                                                    
                                                                                                                                
MR. JUDY  opined that  HB 184 will  provide for a  standardization                                                              
of  all firearms  laws throughout  the state,  based upon  current                                                              
and future  statutes enacted  by the legislature.   The  bill will                                                              
make null  and void  any local  ordinances that  are more  or less                                                              
restrictive than  current state law.   He attempted to  assure the                                                              
committee that HB  184 would in no way lessen the  current body of                                                              
federal and  state firearms  laws., and  mentioned that  there are                                                              
"at least  seven and  half pages of  specific state  laws" dealing                                                              
with  misconduct  involving  weapons.    The  problem  with  local                                                              
firearm ordinances,  he opined, is one of sheer  variety; where no                                                              
uniform  state laws  are in  place, the  result can  be a  complex                                                              
patchwork   of   restrictions   that   change   from   one   local                                                              
jurisdiction to the next.                                                                                                       
                                                                                                                                
MR. JUDY  offered his  belief that  it is  unreasonable to  expect                                                              
people,  whether  they  are  residents  or visitors  from  out  of                                                              
state,  to know  a myriad  of varying  laws.   Where  inconsistent                                                              
laws are  in place, law-abiding  citizens with no  criminal intent                                                              
are  placed in  jeopardy  of running  afoul  of restrictions  they                                                              
don't even  know exist.  Further,  he remarked,  antigun proposals                                                              
and  restrictive ordinances  at  the local  level threaten  honest                                                              
firearm owners'  rights and the fundamental American  principle of                                                              
equal protection  under the law.   Necessary criminal  laws should                                                              
be enacted  at the state level,  because a uniform  application of                                                              
law treats  all citizens fairly  and because all citizens  in this                                                              
state should benefit  from and be protected equally  by those laws                                                              
which are determined to be needed.                                                                                              
                                                                                                                                
MR.  JUDY,  in  conclusion,  said  that  HB  184  will  allow  law                                                              
enforcement to  concentrate on "the  real criminal  element," that                                                              
enforcement  of  unwitting  violations  by  otherwise  law-abiding                                                              
citizens  diverts scarce  law enforcement  resources.  To  prevent                                                              
the  problems associated  with  restrictive  local ordinances,  44                                                              
states  have enacted  "firearm  preemption  laws"  similar to  [HB                                                              
184], he  remarked, adding that  existing Alaska law is  among the                                                              
weakest.  He urged the committee to support HB 184.                                                                             
                                                                                                                                
2:18:02 PM                                                                                                                    
                                                                                                                                
FRED  PIKE,  Interim  Manager,  Bristol  Bay  Borough,  said  that                                                              
notwithstanding  the fact  that  he is  a lifetime  member of  the                                                              
NRA,  he is  opposed  to HB  184.   The  Bristol  Bay Borough,  he                                                              
explained, has successfully,  for the past 20 years,  kept an area                                                              
near  Naknek closed  to  the use  of  high-powered  rifles in  the                                                              
hunting  of  big  game,  on  the grounds  that  the  use  of  such                                                              
firearms  near  that village  presents  a  safety hazard  to  both                                                              
villagers and other hunters in the field.                                                                                       
                                                                                                                                
JERRY CASTLEBERRY,  Chief, Bristol Bay Borough  Police Department,                                                              
Bristol Bay  Borough, said he opposes  HB 184 for  safety reasons.                                                              
(indisc. - teleconference static).                                                                                              
                                                                                                                                
CHAIR  McGUIRE   asked  Mr.  Castleberry  whether   his  testimony                                                              
mirrors that of Mr. Pike's.                                                                                                     
                                                                                                                                
MR. CASTLEBERRY said it does.                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked for  a copy  of  the Bristol  Bay                                                              
Borough ordinance that HB 184 would invalidate.                                                                                 
                                                                                                                                
MR. CASTLEBERRY  agreed to  provide the committee  with a  copy of                                                              
that ordinance.                                                                                                                 
                                                                                                                                
2:21:24 PM                                                                                                                    
                                                                                                                                
JENNIFER  YUHAS,   Executive  Director,  Alaska   Outdoor  Council                                                              
(AOC), testified in support of HB 184.  She said:                                                                               
                                                                                                                                
     On  behalf  of the  board  of  directors of  the  Alaska                                                                   
     Outdoor  Council -  representing  over  54 member  clubs                                                                   
     and  nearly 4,000  associate members,  for a  collective                                                                   
     membership  of  nearly  12,000 individuals  -  which  is                                                                   
     also the  recognized state association for  the National                                                                   
     Rifle    Association,   I    would    like   to    thank                                                                   
     Representative Chenault  for his sponsorship  of HB 184,                                                                   
     and   offer    our   enthusiastic   support    of   this                                                                   
     legislation.                                                                                                               
                                                                                                                                
     First  of  all,  we support  the  testimony  offered  by                                                                   
     Brian  Judy of  the  NRA.   House  Bill  184 more  fully                                                                   
     recognizes  the  constitutionally  guaranteed  right  of                                                                   
     private  individuals to  lawfully  exercise their  right                                                                   
     to keep  and bear  arms, and  reduces current  confusion                                                                   
     faced  by law-abiding  citizens  as they  attempt to  do                                                                   
     so.     The   proposed  legislation   before  you   only                                                                   
     addresses   municipal   ordinances  with   [regard]   to                                                                   
     current Alaska firearm statutes.                                                                                           
                                                                                                                                
     While many  decisions should  be left to local  control,                                                                   
     it  is  unacceptable  to allow  a  governing  entity  to                                                                   
     unnecessarily  restrict the constitutionally  guaranteed                                                                   
     right  of our  law-abiding  citizens.   In passing  this                                                                   
     legislation  today,  the committee  will  be  validating                                                                   
     the constitutionally  guaranteed right to keep  and bear                                                                   
     arms  of   all  law-abiding  Alaskans,  and   [will  be]                                                                   
     supporting  the fact  that any right  guaranteed by  our                                                                   
     founding document should not be infringed.                                                                                 
                                                                                                                                
     Three   years   ago   this   body   passed   legislation                                                                   
     eliminating  the  requirement for  Alaska's  law-abiding                                                                   
     citizens to  obtain a special  permit to exercise  their                                                                   
     right  to  carry  concealed  firearms as  well  as  open                                                                   
     ones.    Currently, six  municipalities  throughout  our                                                                   
     state have  not recognized  this change [via]  ... their                                                                   
     own  ordinances.   These  municipal ordinances  are  not                                                                   
     well  publicized,   and  this  current   discrepancy  is                                                                   
     confusing    to   well-intended,   law-abiding    Alaska                                                                   
     citizens,   and  creates  an   unnecessary  dictum   for                                                                   
     enforcement authorities.                                                                                                   
                                                                                                                                
     By  passing   this  legislation   today,  you   will  be                                                                   
     recognizing   the   constitutionality  of   the   Second                                                                   
     Amendment  [of  the  U.S.  Constitution]  and  rewarding                                                                   
     Alaska's law  abiding citizens by eliminating  confusion                                                                   
     and  removing an  unnecessary  burden  from the  already                                                                   
     lengthy duties  of our valuable enforcement  staff.  The                                                                   
     Alaska  Outdoor Council strongly  advocates the  passage                                                                   
     of this legislation, and thanks you for your support.                                                                      
                                                                                                                                
MS. YUHAS concluded:                                                                                                            
                                                                                                                                
     I'd  also  like   to  add,  ...  with  regard   to  [Mr.                                                                   
     Monegan's]  comments, that  state law already  prohibits                                                                   
     the  discharge of  a  firearm or  other  weapon from  or                                                                   
     across  a  highway.    And,   as  I've  personally  been                                                                   
     involved in  the debate surrounding firearm  legislation                                                                   
     over the last  few years, we've consistently  heard from                                                                   
     our  enforcement  personnel  on  the  front  lines  that                                                                   
     while we may  hear from certain chiefs in  opposition to                                                                   
     the  ability  of  the  private  individual  to  exercise                                                                   
     [his/her]  Second Amendment  rights,  ...  those on  the                                                                   
     front  line   do  not  consider   the  removal   of  the                                                                   
     imposition of  a permit requirement to be  burdensome on                                                                   
     their ability to do their job.                                                                                             
                                                                                                                                
2:24:26 PM                                                                                                                    
                                                                                                                                
CARY  R. GRAVES,  City  Attorney,  City  of Kenai,  expressed  the                                                              
Kenai  City Council's  concern with  the  portion of  HB 184  that                                                              
would  prohibit  a  municipality  from enacting  or  enforcing  an                                                              
ordinance regulating  the use of  a firearm if it  is inconsistent                                                              
with state  law.   The City of  Kenai feels  that that  portion of                                                              
the bill  would, in  effect, repeal  Kenai's local ordinance  that                                                              
outlines what parts  of the city a person can  or cannot discharge                                                              
a firearm  in.  Currently the  city code allows for  the discharge                                                              
of guns in  the rural parts of  the city, but prohibits  it in the                                                              
residential parts  of the city.   "It's  a public safety  issue to                                                              
us,"  he  remarked,  adding  that  there  has  been  an  ordinance                                                              
regulating  the discharge  of firearms  on the  books since  1963,                                                              
and that it has been amended over the years.                                                                                    
                                                                                                                                
MR.  GRAVES  said  that  two years  ago,  the  city  adjusted  the                                                              
shooting boundaries  to reflect  new residential areas  within the                                                              
city,  and  adopted  a very  clear,  definitive,  color-coded  map                                                              
outlining  those boundaries.   Those  maps are  available at  City                                                              
Hall  and in  the city  code.   He  relayed that  when he's  shown                                                              
those  maps to  citizen's  asking about  the  shooting areas,  the                                                              
citizens  have told  him  that they  thought  the boundary  limits                                                              
were  very clear  and very  well defined.   "I  want to  emphasize                                                              
that  the city  is  not  anti gun  or  anti  hunting -  quite  the                                                              
contrary; however,  the city  council feels  that the  city should                                                              
have  the ability  to regulate  the discharge  of firearms  within                                                              
its boundaries," he added.                                                                                                      
                                                                                                                                
MR. GRAVES said  that the city does not currently,  nor intends in                                                              
the future to,  regulate the sale, transfer, or  transportation of                                                              
firearms; nor does  the city oppose the portions of  the bill that                                                              
speak to  the sale, transfer, or  transportation of firearms.   In                                                              
conclusion,  he asked  that the  word  "use" be  removed from  the                                                              
bill so  that a municipality can  maintain its ability  to control                                                              
the discharge of firearms within its boundaries.                                                                                
                                                                                                                                
2:26:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked Mr.  Graves to send  the committee                                                              
a copy of any ordinances that would be invalidated by HB 184.                                                                   
                                                                                                                                
MR. GRAVES agreed to do so.                                                                                                     
                                                                                                                                
2:28:05 PM                                                                                                                    
                                                                                                                                
SCOTT HAMANN  said he strongly supports  HB 184, and  relayed that                                                              
he generally  carries a  firearm when  traveling and doesn't  want                                                              
to  have to  worry  about violating  local  ordinances and,  thus,                                                              
have  his firearm  confiscated  or  be hauled  off  to  jail.   He                                                              
characterized   the  concept   of   making  [firearm   regulation]                                                              
consistent throughout the state as a good idea.                                                                                 
                                                                                                                                
REPRESENTATIVE  GARA asked Mr.  Hamann whether  he's ever  taken a                                                              
firearm into a municipality  and then found out that  doing so was                                                              
illegal.                                                                                                                        
                                                                                                                                
MR. HAMANN said  he had not, but is worried about  possible future                                                              
municipal laws.                                                                                                                 
                                                                                                                                
2:30:36 PM                                                                                                                    
                                                                                                                                
KATHLEEN WASSERMAN,  Alaska Municipal League (AML),  said that the                                                              
AML believes that  most local decisions should be  left with local                                                              
municipalities.   She  posited that  whether one  packs a  firearm                                                              
into a municipality  is not as much  of an issue as is  the use to                                                              
which  one puts  that  firearm, and  noted  that many  communities                                                              
across the state  have ordinances currently on the  books that are                                                              
intended to  keep people from  discharging guns within  their city                                                              
limits.   She  offered her  belief that  most municipalities  have                                                              
the right  and duty  to protect the  people of their  communities,                                                              
and  that  ensuring  that  municipalities   retain  the  right  to                                                              
establish ordinances for that purpose is the right thing to do.                                                                 
                                                                                                                                
MS. WASSERMAN  indicated that to  [establish a state  law] because                                                              
of the fear  that a municipality  might adopt an ordinance  in the                                                              
future is  a dangerous  route to take;  rather, people  should act                                                              
at  the local  level  if  they feel  that  a local  government  is                                                              
attempting  to  establish  an  ordinance  with  which  they  don't                                                              
agree.  She said  that the AML thinks that local  communities need                                                              
to  have  a  local  say  with  regard  to  the  use  of  firearms.                                                              
Additionally, with  regard to the  fiscal note, she  surmised that                                                              
if  municipalities no  longer had  the right  to prosecute  anyone                                                              
for discharging  a firearm, then  the state would bear  the burden                                                              
of prosecuting people for that behavior.                                                                                        
                                                                                                                                
2:32:58 PM                                                                                                                    
                                                                                                                                
FREDERICK  H.  BONESS,  Municipal  Attorney,  Department  of  Law,                                                              
Municipality  of  Anchorage  (MOA),   relayed  that  the  MOA  has                                                              
concerns with  HB 184, and that  he's provided the  committee with                                                              
copies  of  the  municipal  ordinances  that he  thinks  would  be                                                              
impaired by the bill.  He went on to say:                                                                                       
                                                                                                                                
     I  think  the law  is  quite  clear that  any  municipal                                                                   
     ordinance  which  is  in  conflict  with  state  law  is                                                                   
     invalid  and  would  not  be  affirmed  by  the  courts.                                                                   
     That's  already  the  law -  no  particular  legislative                                                                   
     action is required  to implement that - that  is the law                                                                   
     as  a  matter of  ...  supreme  court decisions.    This                                                                   
     [bill]  uses  the  language  "inconsistent",  which,  in                                                                   
     light  of the existing  law with  respect to  conflicts,                                                                   
     will undoubtedly  have to be read by the  courts to mean                                                                   
     something  broader.  And  that has serious  implications                                                                   
     because  the   amount  of  state  law   which  addresses                                                                   
     municipal-specific  problems or  concerns from a  safety                                                                   
     point of view is really nonexistent.                                                                                       
                                                                                                                                
     So,  for example,  there's  nothing  in state  law  that                                                                   
     addresses the  question of whether  you can bring  a gun                                                                   
     into a  municipal building,  whereas there is,  in state                                                                   
     law,  a  specific  prohibition against  bringing  a  gun                                                                   
     into a  state courthouse.  ... Were we  to try  [to] ...                                                                   
     implement policies  or ordinances which  prohibit people                                                                   
     from bringing  guns into municipal buildings,  the court                                                                   
     is very  likely to conclude  that because the  state has                                                                   
     not prohibited  bringing guns  into municipal  buildings                                                                   
     ...  and  has   addressed  it  with  respect   to  state                                                                   
     courthouses,   our  ordinance  would  be   inconsistent.                                                                   
     That is  really an  untenable result  from the point  of                                                                   
     view of public  safety and the safety of  our employees,                                                                   
     and  for that  reason we  would very  much be  concerned                                                                   
     and  not   in  favor  of   language  that  simply   says                                                                   
     "inconsistent".                                                                                                            
                                                                                                                                
     One solution  from the point  of view of a  municipality                                                                   
     like  Anchorage,   which  has  many  urban-related   gun                                                                   
     issues that  aren't true for  other parts of  the state,                                                                   
     [would be]  ... to limit  the application of  [the bill]                                                                   
     ...  to   not  make   this  law   apply  to  home   rule                                                                   
     municipalities.   That would deal with the  larger urban                                                                   
     areas  and   allow  them  to  deal   with  urban-related                                                                   
     matters.    As  [Mr.  Monegan]   said,  this  would  ...                                                                   
     inhibit   our   ability,   significantly,   to   prevent                                                                   
     discharge.   One of  the witnesses  testified that  it's                                                                   
     already  against state law  to shoot  from a highway  or                                                                   
     across the  highway, but a  highway under state  law has                                                                   
     a specific definition,  and many of the  non-major roads                                                                   
     in the  municipality would  not qualify as highways  and                                                                   
     [so] would  not be governed  by state law.   And, again,                                                                   
     because  state  law  doesn't   address  the  issue,  the                                                                   
     language   of  "inconsistency"   would  result  in   our                                                                   
     inability to address the issue.                                                                                            
                                                                                                                                
CHAIR  McGUIRE,  characterizing  Mr.  Boness's  points  as  valid,                                                              
encouraged  Mr.  Boness  to  also  consider  possible  changes  to                                                              
current state firearm  laws that would further  the municipality's                                                              
goals  with regard  to public safety,  and predicted  that  HB 184                                                              
will  have the  support it  needs to  pass the  legislature.   She                                                              
said  she  is not  sure  how  a  judge would  interpret  the  word                                                              
"inconsistent".                                                                                                                 
                                                                                                                                
2:38:47 PM                                                                                                                    
                                                                                                                                
MR.  BONESS reiterated,  however,  that changing  the language  to                                                              
say,  "in conflict  with state  law",  would address  many of  the                                                              
concerns raised.   Because  of the  way courts interpret  statute,                                                              
he predicted,  use of  the term  "inconsistent with" could  result                                                              
in  the  court  saying that  the  legislature  already  knew  that                                                              
things that  were in  conflict couldn't be  part of  the municipal                                                              
code  and so  the word  "inconsistent" must  mean something  other                                                              
than "in conflict  with."  He mentioned that by  taking away local                                                              
control, the  legislature is basically  suggesting that  it should                                                              
pass what  amounts to ordinances,  as a  matter of state  law, for                                                              
each local jurisdiction.                                                                                                        
                                                                                                                                
CHAIR  McGUIRE surmised  that  the sponsor's  belief  is that  the                                                              
right to bear arms  is a constitutional right and  therefore it is                                                              
the  state's responsibility  to  generate policy  with respect  to                                                              
any restrictions that would govern that right.                                                                                  
                                                                                                                                
2:41:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  whether  the term  "inconsistent"                                                              
would  be  susceptible   to  sufficient  definition   to  avoid  a                                                              
constitutional challenge of void for vagueness.                                                                                 
                                                                                                                                
MR.  BONESS  offered   his  belief  that  in  order   to  maintain                                                              
ordinances  necessary for  regulatory  purposes,  the court  might                                                              
find that "inconsistent" is an acceptable term.                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG offered  his recollection that  Congress                                                              
attempted to legislate  "at this level" when it  prohibited people                                                              
from bringing  guns on or near school  yards, but it was  held, in                                                              
Lopez v.  United States, that that  violated state rights  - local                                                            
legislative  authority.   He asked  whether the  court might  also                                                              
find that [the  bill] violates the constitutional right  of a home                                                              
rule municipality to enact its own legislation.                                                                                 
                                                                                                                                
MR. BONESS acknowledged  that that could be the  case, but pointed                                                              
out that  the legislature has  the authority to  impose particular                                                              
state laws  on home  rule municipalities.   He offered  his belief                                                              
that home rule  municipalities don't have the  same constitutional                                                              
rights that states do vis-a-vis the federal government.                                                                         
                                                                                                                                
REPRESENTATIVE   GRUENBERG,   predicting   that  the   bill   will                                                              
initially be  litigated in the  context of somebody  being charged                                                              
with violating a  local ordinance, asked whether the  focus of the                                                              
trial will  become whether the defendant  should be released  on a                                                              
technicality,  that of  whether  the ordinance  is  "inconsistent"                                                              
with  state  law,  rather  than   whether  the  guilty  should  be                                                              
punished.                                                                                                                       
                                                                                                                                
MR. BONESS opined that that would be the case.                                                                                  
                                                                                                                                
2:43:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA  asked  whether  state law  lists  places  to                                                              
which firearms  can be  brought but to  which local  law prohibits                                                              
the bringing of firearms.                                                                                                       
                                                                                                                                
MR.  MONEGAN mentioned  licensed  premises, and  relayed that  his                                                              
officers are  trained to  make the  assumption that every  person,                                                              
every  home, and  every car  has a gun,  and that  those guns  are                                                              
always loaded.                                                                                                                  
                                                                                                                                
REPRESENTATIVE   GARA  asked   whether  the   MOA  currently   has                                                              
something  different  than  state  law  with  regard  to  bringing                                                              
firearms into  licensed premises, or  whether the thought  is that                                                              
the  MOA might  in  the future  enact  something  to address  such                                                              
situations.                                                                                                                     
                                                                                                                                
MR.  MONEGAN indicated  that a  problem arises  if someone  starts                                                              
drinking  in  a  licensed  premises   while  in  possession  of  a                                                              
firearm;  such  [compromises]  the   safety  of  everyone  in  the                                                              
establishment,   and  likened  that   behavior  to   drinking  and                                                              
driving.                                                                                                                        
                                                                                                                                
2:47:48 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE,  remarking on  a shortness  of time, closed  public                                                              
testimony on HB 184.                                                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG  made a motion  to adopt Amendment  1, to                                                              
delete  "inconsistent"  from  page  1,  line  5,  and  insert  "in                                                              
conflict".                                                                                                                      
                                                                                                                                
REPRESENTATIVE ANDERSON objected for the purpose of discussion.                                                                 
                                                                                                                                
MR. DeLAND indicated  that Amendment 1 would be  acceptable to the                                                              
sponsor.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG mentioned that  adoption of  Amendment 1                                                              
would eliminate the need for other amendments.                                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL  spoke in favor of Amendment  1.  He added,                                                              
"I  want our  constitution  to mean  something  when  you're in  a                                                              
community, but  I also want  communities to  be able to  take care                                                              
of whatever  unique things  that they  really have been  empowered                                                              
to  do under  our [Alaska  State]  Constitution, so  I think  that                                                              
would be consistent ..."                                                                                                        
                                                                                                                                
REPRESENTATIVE  ANDERSON interjected to  remove his  objection and                                                              
indicate that he supports Amendment 1.                                                                                          
                                                                                                                                
CHAIR  McGUIRE characterized  the  adoption of  Amendment  1 as  a                                                              
compromise position.                                                                                                            
                                                                                                                                
2:50:27 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  asked whether there  were any further  objection to                                                              
Amendment 1.  There being none, Amendment 1 was adopted.                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG,  characterizing  the title  as  awfully                                                              
broad, asked that it be narrowed.                                                                                               
                                                                                                                                
MR.  DeLAND offered  his  understanding that  the  title has  been                                                              
written as it is for a reason.                                                                                                  
                                                                                                                                
CHAIR McGUIRE  relayed that  the sponsor has  asked her  to oppose                                                              
any amendments that would change the title.                                                                                     
                                                                                                                                
The committee took an at-ease from 2:50 p.m. to 2:51 p.m.                                                                       
                                                                                                                                
2:51:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  indicated that he would  not be offering                                                              
an amendment to change the title.                                                                                               
                                                                                                                                
REPRESENTATIVE ANDERSON  moved to report  HB 184, as  amended, out                                                              
of   committee    with   individual   recommendations    and   the                                                              
accompanying zero  fiscal notes.   There being no  objection, CSHB                                                              
184(JUD)   was  reported   from  the   House  Judiciary   Standing                                                              
Committee.                                                                                                                      
                                                                                                                                
HB 12 - TVS AND MONITORS IN MOTOR VEHICLES                                                                                    
                                                                                                                                
2:52:15 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE announced  that the next order of  business would be                                                              
HOUSE BILL  NO. 12, "An Act  relating to televisions  and monitors                                                              
in motor vehicles."  [Before the committee was CSHB 12(STA).]                                                                   
                                                                                                                                
2:52:47 PM                                                                                                                    
                                                                                                                                
DAVID WEIZER  said he supports HB  12 on behalf of  [himself,] his                                                              
brother  Martin  Weizer,  sister-in-law Bethany  Weizer,  and  his                                                              
recently  deceased parents,  Bob  and Donna  Weizer.   He  relayed                                                              
that on October  12, 2002, his  parents were killed in  a horrible                                                              
vehicle accident  when they were hit head on  traveling southbound                                                              
on the Seward  highway, and that  there was nothing left  of their                                                              
vehicle after the  ensuing fire.  Charges of  second degree murder                                                              
were brought  against  the driver  of the other  vehicle when  the                                                              
Alaska  State  Troopers  determined  that  he  had  possibly  been                                                              
watching  a DVD movie  while driving.   The  driver, however,  was                                                              
acquitted  of  all   charges,  and  the  trial   was  of  interest                                                              
nationwide.   He characterized the  legislature as working  on the                                                              
vanguard of legislation  pertaining to a nonpartisan  issue - that                                                              
of  "our  collective safety  on  the  roads  of this  nation  with                                                              
drivers confronted  by increasing and, in many  ways, preposterous                                                              
distractions."                                                                                                                  
                                                                                                                                
MR. WEIZER  said the questions become:   what societal  benefit is                                                              
provided  by full-motion  video  in  the front  of  a vehicle  for                                                              
entertainment  purposes; what sane  individual makes  the argument                                                              
that  he/she  should  have  the  right  to  watch  a  video  while                                                              
driving; and  what corporate interest  would argue  against severe                                                              
penalties  for   violating  the  inherent  safety   features  they                                                              
themselves design  into their  own products.   In answer  to those                                                              
questions, he said,  "We would argue, 'None; we all  have to drive                                                              
the roads of our  nation together.'"  He noted that  the driver of                                                              
the other  vehicle  began his defense  in the  trial by  admitting                                                              
that he installed  a DVD player in the front of  his truck in such                                                              
a way that  it would play while  the truck was moving,  but argued                                                              
that there was nothing  wrong or illegal with having  done so, and                                                              
that he did  it because " it  was just easier."  Mr.  Weizer noted                                                              
that  in addition  to the  movie "Road  Trip" being  found in  the                                                              
driver's DVD  player, he  also had "a  gaming station  fully wired                                                              
into the floor" of his truck.                                                                                                   
                                                                                                                                
MR. WEIZER relayed  that the jury found reasonable  doubt that the                                                              
driver was watching  the DVD at the time of the  accident and that                                                              
such  was the  state's burden  to  prove in  a murder  trial.   He                                                              
opined  that the  legislators'  burden  is to  reasonably  believe                                                              
that the driver  was watching a DVD while driving  and that others                                                              
do  as  well  every  day.   In  reaching  such  a  conclusion,  he                                                              
remarked, the  legislature has  the power to  prevent the  type of                                                              
upheaval  that his  family suffered  in the wake  of the  driver's                                                              
acquittal of all  charges.  "You have the power to  set an example                                                              
for our nation,"  he said, adding,  "My parents were on  their way                                                              
to celebrate  their upcoming retirement,  but they never  made it;                                                              
they were 26-year  residents of Alaska, grandparents,  law-abiding                                                              
citizens, [and] over 450 people attended their funeral."                                                                        
                                                                                                                                
MR. WEIZER  concluded by saying that  it is common sense  that one                                                              
should  not drive  while watching  a  video, but  added that  when                                                              
that  which is  common  sense not  to do  becomes  common place  -                                                              
marketed by manufacturers  and idealized on certain  TV programs -                                                              
it  falls to  the  nation's  legislators  to influence  and,  when                                                              
necessary, severely  punish people's  actions, especially  when it                                                              
results  in  injury, serious  injury,  or  death.   He  asked  the                                                              
committee to support  HB 12, said that [passage] of  the bill will                                                              
lead the  way for legislators across  the nation to  enact similar                                                              
legislation, and  predicted that  members will find  support among                                                              
their constituents for the bill.                                                                                                
                                                                                                                                
CHAIR  McGUIRE, one  of the prime  sponsors of  the bill,  thanked                                                              
Mr. Weizer for  his testimony, relayed that she  knew Mr. Weizer's                                                              
family, and offered  that many members of the  legislature [did as                                                              
well and] are sorry for his loss.                                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG,  one of the prime sponsors  of the bill,                                                              
said  he  appreciated  Mr. Weizer's  testimony,  and  thanked  the                                                              
bill's other prime sponsors and co sponsors.                                                                                    
                                                                                                                                
2:59:51 PM                                                                                                                    
                                                                                                                                
DEBORAH CHORMANSKI  HULL-JILLY, Acting  Chief, Community  Health &                                                              
Emergency   Medical   Services,   Division   of   Public   Health,                                                              
Department  of Health and  Social Services  (DHSS), first  relayed                                                              
that the  DHSS supports HB  12.  She  characterized the  intent of                                                              
the bill  as one of  striving to  prevent motor vehicle  accidents                                                              
and their  related injuries  and deaths  of vehicle occupants  and                                                              
pedestrians by  giving law enforcement  agencies the  authority to                                                              
cite  drivers  who   are  viewing  entertainment   devices.    She                                                              
expressed  appreciation  of  Mr.   Weizer's  testimony,  and  then                                                              
offered statistics.   For example,  research has shown that  25 to                                                              
56 percent  of all  vehicle crashes in  the United States  involve                                                              
factors wherein the  driver was distracted or inattentive  in some                                                              
fashion.                                                                                                                        
                                                                                                                                
MS.  HULL-JILLY  relayed  that  in  2002,  a  Gallup  Poll  survey                                                              
regarding distracted  and drowsy  driving attitudes  and behaviors                                                              
found that 22 percent  of the causes that led to  a crash involved                                                              
dealing  with  some   form  of  technology  within   the  vehicle,                                                              
including  cell   phones,  beepers,  in-car   navigation  systems,                                                              
Global  Positioning Systems  (GPSs), Internet  and e-mail,  radio,                                                              
and  other technology.    Additionally,  the National  Center  for                                                              
Statistics  and  Analysis'  (NCSA)   Fatality  Analysis  Reporting                                                              
System  (FARS) listed  driver  inattention  or inattentiveness  as                                                              
the  primary  factor in  nearly  7  percent  of fatal  crashes  in                                                              
Alaska in 2003.                                                                                                                 
                                                                                                                                
MS. HULL-JILLY  noted that the  development of electronic  devices                                                              
for use  in motor  vehicles is  a rapidly  growing field,  and the                                                              
majority  of  manufacturers of  in-vehicle  entertainment  systems                                                              
have  reviewed  issues  pertaining to  driver  distractedness  and                                                              
have  included   features  to   minimize  distractions,   such  as                                                              
locating  the  screens   out  of  the  driver's   view,  providing                                                              
headphone jacks  for the [other] occupants, and  developing driver                                                              
interlock systems  that prohibit viewing  while the vehicle  is in                                                              
motion.   The need  for the development  of technology  minimizing                                                              
driver  distractions,  specifically  those  caused  by  in-vehicle                                                              
entertainment   systems,    has   been   acknowledged    by   auto                                                              
manufacturers.  Other  technological steps taken with  the goal of                                                              
minimizing driver  distractions include minimizing  hands-on/eyes-                                                              
off-the-road   time  for   adjusting   features,  simplifying   or                                                              
reducing the  number of steps  required to adjust  the technology,                                                              
and developing a common interface system for multiple devices.                                                                  
                                                                                                                                
MS.   HULL-JILLY  remarked,   however,  that   the  research   and                                                              
development  of   such  technology  is  lagging   behind  consumer                                                              
demand.   She noted that 38  states have some form  of legislation                                                              
banning  front-seat  entertainment  systems,  and that  12  states                                                              
have  similar  laws  pertaining  to televisions  and  monitors  in                                                              
motor  vehicles but  exempt  GPSs and  driving-direction  systems.                                                              
Consumers can  now purchase  and install in-vehicle  entertainment                                                              
systems  in vehicles  not already  equipped with  such, and  in so                                                              
installing  can   bypass  the   equipment's  safety   devices  and                                                              
manufacturer  recommendations.   Additionally, it  is possible  to                                                              
modify moving map  displays so that movies and DVDs  can be viewed                                                              
by the  driver; directions  for such  modifications are  available                                                              
on   the   Internet,   as  is   information   regarding   how   to                                                              
disengage/circumvent  an in-vehicle entertainment  system's built-                                                              
in safety  features.   In conclusion  she noted  that contrary  to                                                              
manufacturers' recommendations  to not engage in  certain activity                                                              
while driving,  it is  still possible to  use a portable  computer                                                              
for various  applications such as  listening to music  and viewing                                                              
GPS, "map" software, or movies.                                                                                                 
                                                                                                                                
[HB 12 was held over.]                                                                                                          
                                                                                                                                
^PRESENTATION  ON  SEX  TRAFFICKING  BY LESLIE  R.  WOLFE,  PH.D.,                                                            
PRESIDENT, CENTER FOR WOMEN POLICY STUDIES                                                                                    
                                                                                                                                
3:05:42 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE announced  that the next order of  business would be                                                              
the presentation  on sex  trafficking by  Leslie R. Wolfe,  Ph.D.,                                                              
President, Center For Women Policy Studies.                                                                                     
                                                                                                                                
3:06:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   BETH   KERTTULA,    Alaska   State   Legislature,                                                              
introduced Dr. Wolfe,  said Dr. Wolfe is a leader  in [the subject                                                              
of] international  human  rights, specifically  as they relate  to                                                              
the trafficking  of women,  and surmised that  Dr. Wolfe  would be                                                              
able to address  the issues and questions raised  during committee                                                              
discussion  regarding legislation  pertaining  to  the problem  of                                                              
human trafficking.                                                                                                              
                                                                                                                                
3:07:20 PM                                                                                                                    
                                                                                                                                
LESLIE  R.  WOLFE,  Ph.D.,  President,  Center  For  Women  Policy                                                              
Studies, relayed that  as a domestic policy issue,  the Center For                                                              
Women Policy  Studies has been  working with the  national network                                                              
of state legislators  on the issue of trafficking  women and girls                                                              
into the U.S.  since 1988/1989, when Senator Paul  Wellstone first                                                              
started crafting  what became  the Trafficking Victims  Protection                                                              
Act  of 2000.   She  went  on to  say that  the  Center For  Women                                                              
Policy  Studies is  currently working  state by  state to  promote                                                              
the  confrontation, by  state  leadership,  of human  trafficking,                                                              
and  offer  its  resources  to   states  crafting  legislation  in                                                              
response  to  this  international  crisis.    Unfortunately,  most                                                              
press coverage  and policy discussion addresses  human trafficking                                                              
as a problem  that occurs someplace else, in  other countries, but                                                              
the  United   States,  as  a  big,   rich  country,  is   a  major                                                              
destination  country  for  traffickers,   and  thus  the  U.S.  is                                                              
implicated  in what  the center  defines as a  major violation  of                                                              
women and girls' human rights.                                                                                                  
                                                                                                                                
DR.  WOLFE  explained that  the  trafficking  of women  and  girls                                                              
around the world  and into the U.S. is a huge  criminal enterprise                                                              
involving  both large  and small  criminal  groups; such  criminal                                                              
enterprise  results in  enormous  profit for  the traffickers  and                                                              
huge  oppressions  for  the  women  and  girls  trafficked.    She                                                              
characterized  the  numbers given  by  the  U.S. Depart  of  State                                                              
regarding human  trafficking as  totally inaccurate;  nonetheless,                                                              
even those  numbers indicate that  approximately 15,000  women and                                                              
girls are trafficked  into the U.S. every year,  though the Center                                                              
For  Women  Policy  Studies  believes that  the  number  might  be                                                              
closer to 100,000.   The women and girls who  are being trafficked                                                              
into the  U.S. are  from grievously  impoverished communities  all                                                              
over the  world, where they live  in extreme poverty,  poverty far                                                              
surpassing that  found anywhere  in the U.S.   And although  there                                                              
is a  tendency to blame  the parents and  other family  members of                                                              
those  that are trafficked  for  letting such  a thing occur,  one                                                              
must realize  that  such women and  girls and  their families  are                                                              
not faced  with easy choices and  are encouraged by the  lies told                                                              
to them  by those  trafficking them  to believe  that their  lives                                                              
will improve in countries like the U.S.                                                                                         
                                                                                                                                
DR. WOLFE raised  the issue of trafficking mail  order brides, who                                                              
are not  covered under the  Trafficking Victims Protection  Act of                                                              
2000,  characterized it  as "bride  trafficking," and  said it  is                                                              
not  the romanticized  version  of acquiring  a  mail order  bride                                                              
that  comes to  mind  for many  people when  they  hear the  term.                                                              
Instead it  is really a commercial  enterprise, and many  of these                                                              
women  end up  as battered  wives and  murdered wives,  or end  up                                                              
trapped  in  domestic  servitude  in  severe  isolation  in  rural                                                              
communities.   The  Center For  Women Policy  Studies defines  the                                                              
trafficking  of women and  girls as  the quintessential  violation                                                              
of women's  autonomy and  human rights, and  also as  the ultimate                                                              
reflection of  woman's status  in many parts  of the world  as the                                                              
property of men.                                                                                                                
                                                                                                                                
DR. WOLFE  said it  is distressing  to hear  the analogy  that the                                                              
trafficking  of human beings  is like  the trafficking  of illegal                                                              
commodities such  guns or  drugs.  On  the contrary,  human beings                                                              
are not a  commodity, so to define  them as such or  to liken them                                                              
to  such is  false  and  potentially  dangerous, allowing  one  to                                                              
distance  oneself  from such  women  and  girls and  negating  the                                                              
efforts   being  made   to  understand   the   problem  of   human                                                              
trafficking in a  women's human rights context rather  than from a                                                              
law enforcement perspective.                                                                                                    
                                                                                                                                
DR.  WOLFE noted  that  people also  use  the  analogy of  illegal                                                              
immigration,  and relayed,  for example,  that Arizona's  recently                                                              
passed  legislation regarding  trafficking  contained very  "anti-                                                              
immigrant smuggling"  provisions.   However, human trafficking  is                                                              
not the same  thing as immigration, she warned,  because those who                                                              
immigrate  come  by  choice,  and those  who  are  trafficked  are                                                              
victims  of  force, coercion,  and  deception,  all of  which  are                                                              
hallmarks   of   a  trafficked   woman   or   girl's   experience.                                                              
Traffickers are  not strangers  to a community,  and so  the women                                                              
and  girls and  their  families are  less likely  to  run away  or                                                              
refuse a trafficker's offer, she pointed out.                                                                                   
                                                                                                                                
3:19:50 PM                                                                                                                    
                                                                                                                                
DR. WOLFE added  that traffickers often offer the  women and girls                                                              
fake  employment  contracts  or  fake  visas,  or  will  allegedly                                                              
"marry" the  victim.   Traffickers will tell  the women  and girls                                                              
that they will  have a good job,  that they will be  a waitress or                                                              
a nanny or  a childcare or eldercare  worker, or - as  occurred in                                                              
the case in Alaska  - that they will be an ethnic  dancer, or that                                                              
they will get  to go to school.   All of these promises  are lies,                                                              
and  so when  they come  into the  country, they  are forced  into                                                              
sexual exploitation  and labor servitude.   She relayed  that most                                                              
of the  women trafficked into the  U.S. are trapped  in exploitive                                                              
labor  situations;  such  trafficking  is very  serious  and  very                                                              
hidden,  and she  surmised  that  94.8 percent  of  the women  and                                                              
girls trafficked  into the  U.S. for  exploitative labor  are also                                                              
sexually   abused,  raped,   sexually   assaulted,  and   sexually                                                              
exploited.                                                                                                                      
                                                                                                                                
DR. WOLFE  said that although  such abusive situations  can result                                                              
for American  women and  girls who  are trafficked between  states                                                              
or  communities,  when  international  trafficking  of  women  and                                                              
girls  from non-English  speaking  countries  occurs,  it has  far                                                              
different  qualities for  them.   They  arrive feeling  optimistic                                                              
that they will get  a good job in this new country  and be able to                                                              
support  their  families  back  home,  but  then  find  themselves                                                              
imprisoned  in  a brothel  or  a  sweatshop  or  a trailer  in  an                                                              
agricultural  field.   These  women and  girls  have no  recourse;                                                              
they are  completely frightened, they  don't even know  where they                                                              
are in this huge  country, they don't speak or  read the language,                                                              
they don't  know how to contact  anyone for help, they  don't know                                                              
that  there  are  things  like battered  women  shelters  or  rape                                                              
crises centers or  refugee and immigrant women  shelters, and they                                                              
fear the  local police because back  in their home  countries, the                                                              
police are in league  with the traffickers.  Such  women and girls                                                              
are deeply  frightened, they have  been threatened  and brutalized                                                              
and  told that  their  families  will be  killed  if  they try  to                                                              
escape  or tell  anyone  what  has happened;  additionally,  their                                                              
passports  have probably  been taken  away  and so  they have  the                                                              
fear that they will  be deported, since no one has  told them that                                                              
there is  such a thing as  the Trafficking Victims  Protection Act                                                              
of 2000, which  allows victims who cooperate with  law enforcement                                                              
an opportunity to stay in the U.S.                                                                                              
                                                                                                                                
DR. WOLFE relayed  that because many times, the  audiences she has                                                              
spoken to say that  they are horrified that such  things occur but                                                              
argue  that  such things  can't  actually  happen "here,"  she  is                                                              
obliged  to tell  them about  several federal  cases that  reflect                                                              
the reality  of trafficking  women  and girls  into the U.S.  from                                                              
other  countries.   One such  case  she relays  to such  audiences                                                              
involved teenage  Mexican girls  who were lured  to the  U.S. with                                                              
promises  of legitimate  jobs, but  who  were then  forced into  a                                                              
brothel in  Plainfield, New  Jersey.   Another such case  involved                                                              
young  women from  Uzbekistan who  were trafficked  into the  U.S.                                                              
and forced  into strip  clubs in  El Paso,  Texas.  Still  another                                                              
such  case involved  a young  woman  from Ghana  who was  smuggled                                                              
into  Maryland by  a well-to-do  and  very well-connected  married                                                              
couple from  Ghana and  was forced  to work for  them in  the U.S.                                                              
for  no or  minimal  pay  as a  domestic  servant  and nanny;  her                                                              
employers  hid her passport  and threatened  her with  deportation                                                              
and imprisonment.   The  wife's mother is  a member  of parliament                                                              
in Ghana and the United States is trying to extradite her.                                                                      
                                                                                                                                
DR.  WOLFE   said  that  the  latter   case  is  a   very  typical                                                              
trafficking  case,  and  offered  her belief  that  such  probably                                                              
happens  [frequently]  in  places  where  there are  quite  a  few                                                              
diplomats.  She went  on to relay that there are  also women - for                                                              
example, from  Honduras, Guatemala,  and El Salvador  - who  pay a                                                              
substantial  sum of  money  to be  brought  to the  U.S., and  had                                                              
these women just  paid their money and been brought  into the U.S.                                                              
and been  allowed to  go there own  way, that  would have  been an                                                              
issue  of illegal  immigration.    Instead, however,  these  women                                                              
were confined in  so-called safe houses where they  were forced to                                                              
cook and  do housework  without pay and  were repeatedly  raped by                                                              
the traffickers; in  other words, they were held in  bondage.  She                                                              
said she  also tells audiences about  the young Russian  women who                                                              
were  brought to  Alaska a  few years  ago under  the pretense  of                                                              
dancing  in ethnic  festivals  but  were then  forced  to work  in                                                              
strip clubs.                                                                                                                    
                                                                                                                                
DR. WOLFE characterized  these few cases as merely  the tip of the                                                              
iceberg, and  indicated that the  Center For Women  Policy Studies                                                              
believes that  state law on  this issue  has an important  role to                                                              
play, that it is  not enough to just have a federal  law in place,                                                              
and  so has  been  working with  elected  state  officials to  get                                                              
state  law enacted.   She  added, "We  take the  same position  we                                                              
took  in the  era  of civil  rights  laws, that  you  must pass  a                                                              
federal  civil rights  law  - it's  the first  thing  - but  every                                                              
state should  pass it's  own state  law; some  of them  are better                                                              
than the  federal law, some  of them aren't,  but the  states have                                                              
the right and the  responsibility to do that."  She  said that the                                                              
Center  For  Women  Policy  Studies   also  believes  that  it  is                                                              
important  to   create  federal-state  partnerships   in  fighting                                                              
trafficking, and  noted that even  the current assistant  attorney                                                              
general for civil  rights in the U.S. Department  of Justice (DOJ)                                                              
has  agreed that  there must  be  federal-state partnerships;  she                                                              
posited that this  means that the DOJ is supporting  the notion of                                                              
having state laws, as well, on this issue.                                                                                      
                                                                                                                                
DR.  WOLFE  opined  that states  must  make  individual,  domestic                                                              
responses to  this international  crises, and reiterated  that the                                                              
Center  For  Women  Policy  Studies  has  undertaken  the  job  of                                                              
helping  states  develop  legal  and policy  framework  that  will                                                              
enable  states to  prosecute  and  punish traffickers  while  also                                                              
meeting the  needs for protection  and services of  the trafficked                                                              
women/men and girls/boys.   She characterized existing  state laws                                                              
as  inadequate  to the  task,  requiring  that new  provisions  be                                                              
added.   In working  with state  legislatures around the  country,                                                              
the Center  For Women Policy Studies  has proposed three  types of                                                              
state  legislative   initiatives  as   well  as  very   aggressive                                                              
partnering  with federal  agencies.  The  first recommendation  is                                                              
for states to make  trafficking of women and girls  into the state                                                              
from other  countries a  state felony  offense with  appropriately                                                              
harsh punishments  for traffickers.   She characterized such  as a                                                              
standard criminalization  statute with  one exception,  that being                                                              
that it  should also include protections  for the women  and girls                                                              
who've been trafficked into the community.                                                                                      
                                                                                                                                
3:31:27 PM                                                                                                                    
                                                                                                                                
DR.  WOLFE said  that such  a state  statute  should also  include                                                              
provisions that allow  victims to sue for damages and  the cost of                                                              
bringing  the suit.   The  Center  For Women  Policy Studies  also                                                              
prefers   that  such   state   statutes   provide  for   mandatory                                                              
restitution  to  the victims,  particularly  absent  the right  to                                                              
sue.   She noted  that many  are under  the impression  that anti-                                                              
prostitution laws  are sufficient; however, such  laws provide for                                                              
the arrest  of the  victims, not the  perpetrators.   In contrast,                                                              
the  focus  of the  type  of  legislation  being promoted  by  the                                                              
Center  For  Women  Policy  Studies   is  one  of  arresting  only                                                              
perpetrators  - the  traffickers  - though  such individuals  will                                                              
lie  and assert  that  the  women  consented to  their  treatment.                                                              
Such an assertion,  she warned, must  never be allowed  to be used                                                              
as a  defense, since  legally binding consent  of this  kind can't                                                              
exist  in the  context of  the deception  and fraud  that are  the                                                              
hallmark of traffickers' promises and, thus, of the consent.                                                                    
                                                                                                                                
DR.  WOLFE said  that the  Center  For Women  Policy Studies  also                                                              
recommends  that state legislatures  create  task forces  or study                                                              
commissions   with  mandated   memberships   of  all   appropriate                                                              
officials,  non-profit organizations,  and  service providers,  to                                                              
really  study the  nature  and extent  of  trafficking within  the                                                              
state.  She mentioned  that the best bill in this  regard that she                                                              
has  seen   is  a  2004  Connecticut   statute  that   created  an                                                              
interagency   task   force   on  trafficking   in   persons,   and                                                              
characterized  this legislation  as the ideal  model.   California                                                              
went  a step  further  and created  a  select  committee on  human                                                              
trafficking.    Such task  forces  can  answer the  question,  "Is                                                              
international  trafficking a  problem in  my state."   She  opined                                                              
that any state with  an airport or an interstate  highway can be a                                                              
target  state for  traffickers,  adding that  Missouri  understood                                                              
this fact  and passed a  trafficking criminalization  statute just                                                              
last year.                                                                                                                      
                                                                                                                                
DR.  WOLFE  went on  to  say  that  the Center  For  Women  Policy                                                              
Studies  also recommends  creating  legislation  that would  begin                                                              
regulating  international matchmaking  organizations,  as well  as                                                              
legislation addressing  the issue of sex tourism.   She noted that                                                              
Hawaii has  gotten started on the  latter issue by passing  a bill                                                              
that  simply  regulates  travel  agencies,  and  opined  that  any                                                              
travel agency  that engages in  planning and organizing  sex tours                                                              
in other  countries needs to  be put out  of business or  at least                                                              
punished.   She said  that another  thing that can  be done  is to                                                              
encourage  Alaska's congressional  delegation  to support  funding                                                              
of local battered  women shelters, local rape crises  centers, and                                                              
other such local  organizations via appropriations  made under the                                                              
Trafficking  Victims  Protection  Act  of 2000  and  the  Violence                                                              
Against Women  Act; such funding  will enable local  organizations                                                              
to serve the needs of trafficking victims.                                                                                      
                                                                                                                                
3:36:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARA  thanked   Dr.   Wolfe  for   her  work   on                                                              
Representative Kerttula's bill.                                                                                                 
                                                                                                                                
DR.  WOLFE  relayed   that  rather  than  bringing   around  model                                                              
legislation, the  Center For Women  Policy Studies prefers  to let                                                              
individual state legislatures create their own state laws.                                                                      
                                                                                                                                
REPRESENTATIVE  GARA asked  which  strip club  the  aforementioned                                                              
women who  were trafficked  into Alaska ended  up being  forced to                                                              
work at.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  KERTTULA relayed  that it was  at the  Crazy Horse                                                              
[Saloon].                                                                                                                       
                                                                                                                                
DR.  WOLFE noted  that  this issue  has  recently  been raised  in                                                              
Denver because of a case involving massage parlors.                                                                             
                                                                                                                                
CHAIR  McGUIRE mentioned  that  she  and Representative  Gara  had                                                              
sponsored legislation  last year  that would have  regulated strip                                                              
clubs.                                                                                                                          
                                                                                                                                
DR.  WOLFE opined  that the  owners  of such  clubs probably  know                                                              
that their  workers are not there  of their own free will  and are                                                              
just not being honest about that knowledge.                                                                                     
                                                                                                                                
3:39:59 PM                                                                                                                    
                                                                                                                                
DR.  WOLFE, in  response  to a  question,  indicated  that to  her                                                              
knowledge  only Hawaii  and  Washington have  dealt  legislatively                                                              
with   the   issue   of   regulating   international   matchmaking                                                              
organizations.   Under such  legislation, which she  characterized                                                              
as mild,  an organization  must  inform a "recruit"  that  she can                                                              
request a  background check  on any man,  and the organization  is                                                              
restricted  from allowing  the participants  to  have any  contact                                                              
with each  other until the woman  receives that information.   The                                                              
entire burden  is on the  women, however,  and Dr. Wolf  said that                                                              
this  makes no  sense to  her, that  although  several groups  are                                                              
simply interested  in regulating  such organizations,  she herself                                                              
would prefer to see them stopped altogether.                                                                                    
                                                                                                                                
DR. WOLFE  offered an  example of a  young eastern European  woman                                                              
who came to  the U.S. as a mail  order bride but who  was murdered                                                              
by her husband,  and this was discovered when the  man applied for                                                              
a second eastern  European bride.  Dr. Wolfe relayed  that she met                                                              
the  parents  of   the  murdered  women  in  Seattle   at  a  2001                                                              
conference involving  legislators and the Center  For Women Policy                                                              
Studies; the  parents had come  to Seattle  just to be  near where                                                              
their child  was buried.   She said  that although the  Washington                                                              
legislation is  a good first  step, it  does not do  nearly enough                                                              
with  regard to  international  matchmaking  organizations.   Such                                                              
organizations  now  have  a [powerful]  industry  lobby,  and  the                                                              
Washington  state   legislators  who  sponsored   the  legislation                                                              
shared  with  Dr.  Wolfe  the  very   nasty,  scary  e-mails  they                                                              
received  from   supporters  of   the  international   matchmaking                                                              
organizations.                                                                                                                  
                                                                                                                                
3:43:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he is not very  satisfied with what                                                              
he  is hearing  about [international  matchmaking  organizations],                                                              
and asked  Dr. Wolfe to  discuss the issue  further with him  at a                                                              
later time.                                                                                                                     
                                                                                                                                
The committee took an at-ease from 3:44 p.m. to 3:55.                                                                           
                                                                                                                                
HB 148 - TRAFFICKING OF PERSONS                                                                                               
                                                                                                                                
3:45:55 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE announced  that the next order of  business would be                                                              
HOUSE BILL NO. 148, "An Act relating to trafficking of persons."                                                                
                                                                                                                                
REPRESENTATIVE  BETH KERTTULA, Alaska  State Legislature,  sponsor                                                              
of HB  148, said  that members  now have  in their  packets  a new                                                              
suggested draft from  the Department of Law (DOL)  which adds that                                                              
the conduct  would be a crime  if it involves deception,  which is                                                              
defined  in  statute.   The  suggested  draft keeps  the  language                                                              
regarding  bringing  a  person  into  the  state,  since  such  is                                                              
quantifiably  different  than  transporting  a person  within  the                                                              
state.   She offered  her belief  that most  people who  are being                                                              
brought  into the state  are from  foreign countries.   The  DOL's                                                              
suggested draft reads:                                                                                                          
                                                                                                                                
      "An Act relating to human trafficking; and providing                                                                    
     for an effective date."                                                                                                  
        * Section 1.  AS 11.41 is amended by adding new                                                                       
     sections to read:                                                                                                          
          Sec. 11.41.310.  Human trafficking in the first                                                                     
     degree.    (a)  A person  commits  the  crime  of  human                                                                 
     trafficking  in the first degree  if the person  compels                                                                   
     or  induces another  person  to come  to  this state  to                                                                   
     engage  in  sexual  conduct,   adult  entertainment,  or                                                                   
     labor in the  state by force or threat of  force against                                                                   
     any person, or by deception.                                                                                               
          (b) In this section,                                                                                                  
               (1) "adult entertainment" means the conduct                                                                      
               described in AS 23.10.350(f)(1) - (3);                                                                           
               (2) "deception" has the meaning given in                                                                         
               AS 11.46.180;                                                                                                    
               (3) "sexual conduct" has the meaning given                                                                       
               in AS 11.66.150.                                                                                                 
          (c) Human trafficking in the first degree is a                                                                        
     class A felony.                                                                                                            
          Sec. 11.41.315. Human trafficking in the second                                                                     
     degree.    (a)  A person  commits  the  crime  of  human                                                                 
     trafficking in  the second degree if the  person obtains                                                                   
     a  benefit  from the  commission  of  human  trafficking                                                                   
     under  AS 11.41.310,  with reckless  disregard that  the                                                                   
     benefit is a result of the trafficking.                                                                                    
          (b) Human trafficking in the second degree is a                                                                       
     class B felony.                                                                                                            
     * Sec. 2. This Act takes effect July 1, 2005.                                                                          
                                                                                                                                
CHAIR McGUIRE said  that although the suggested  draft is cleaner,                                                              
she liked the  original bill's narrow definition of  labor and the                                                              
fact that it included involuntary servitude.                                                                                    
                                                                                                                                
REPRESENTATIVE  KERTTULA  offered  her  belief  that  the  current                                                              
definition of  labor already  includes involuntary servitude,  and                                                              
therefore she didn't feel it was necessary to specify it.                                                                       
                                                                                                                                
3:48:09 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,   Assistant  Attorney  General,   Legal  Services                                                              
Section-Juneau,  Criminal  Division,   Department  of  Law  (DOL),                                                              
concurred.                                                                                                                      
                                                                                                                                
CHAIR  McGUIRE  asked about  the  language  that is  currently  in                                                              
proposed AS 11.41.350(b)(1)(A) of HB 148 that reads:                                                                            
                                                                                                                                
     any  scheme, plan, or  pattern of  behavior intended  to                                                                   
     cause a person  to believe that, if the  person does not                                                                   
     enter  into or continue  the servitude,  such person  or                                                                   
     another person will suffer serious physical injury or                                                                      
     physical restraint;                                                                                                        
                                                                                                                                
REPRESENTATIVE  KERTTULA  posited  that the  concept  embodied  in                                                              
that language is covered under the definition of "deception".                                                                   
                                                                                                                                
REPRESENTATIVE   GARA  referred   to  proposed   AS  11.41.315   -                                                              
regarding the  crime of human trafficking  in the second  degree -                                                              
in  the DOL's  suggested draft,  and  asked whether  it should  be                                                              
altered such  that it  would be  a crime only  if one  knew he/she                                                              
were engaging in  human trafficking; in other words,  the language                                                              
currently  has a  standard of  reckless disregard,  but should  it                                                              
instead have a standard of knowing disregard.                                                                                   
                                                                                                                                
REPRESENTATIVE KERTTULA acknowledged that point.                                                                                
                                                                                                                                
MS.  CARPENETI explained  that  when  the legislature  requires  a                                                              
culpable  mental  state  of  reckless   disregard,  "knowing"  and                                                              
"intentional" are  also included.   Thus it  is not a  defense for                                                              
one  to  say  he/she  did  something   intentionally  rather  than                                                              
recklessly.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GARA said he  is concerned  that someone  could be                                                              
charged with  this crime even  if he/she  did not know  he/she was                                                              
obtaining a benefit from human trafficking.                                                                                     
                                                                                                                                
MS.  CARPENETI  mentioned  that  there  are  different  levels  of                                                              
culpable mental states.                                                                                                         
                                                                                                                                
CHAIR McGUIRE  said her concern is  that it would be  difficult to                                                              
have  to  prove   that  people  were  intentionally   obtaining  a                                                              
benefit,  and referred  to  strip  club owners  as  an example  of                                                              
those who  could claim that  they didn't  know the women  were not                                                              
there of their own accord.                                                                                                      
                                                                                                                                
3:53:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA  opined that  his  suggestion  is worth  some                                                              
thought, however.                                                                                                               
                                                                                                                                
REPRESENTATIVE  KERTTULA  concurred  with  Chair  McGuire,  adding                                                              
that in order to  be prosecuted, one must have known  the risk and                                                              
consciously  disregarded  it.   She opined  that  someone who  has                                                              
hired a  woman from another  country has a  duty to ask  the woman                                                              
what her situation is.                                                                                                          
                                                                                                                                
CHAIR McGUIRE concurred,  reiterating her belief that  it would be                                                              
too hard to  prove a crime has  been committed if the  standard is                                                              
raised above reckless disregard.                                                                                                
                                                                                                                                
3:54:47 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  made a motion to  adopt Conceptual Amendment  1, to                                                              
replace  the  text in  HB  148  with  the language  in  the  DOL's                                                              
suggested  draft  [text  provided  previously].   There  being  no                                                              
objection, Conceptual Amendment 1 was adopted.                                                                                  
                                                                                                                                
3:55:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to report HB 148,  as amended, out                                                              
of   committee    with   individual   recommendations    and   the                                                              
accompanying zero  fiscal notes.   There being no  objection, CSHB                                                              
148(JUD)   was  reported   from  the   House  Judiciary   Standing                                                              
Committee.                                                                                                                      
                                                                                                                                
HB 101 - SEX TRAFFICKING AND TOURISM                                                                                          
                                                                                                                                
3:56:20 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that  the final  order of business  would                                                              
be HOUSE  BILL NO. 101,  "An Act relating  to sex trafficking  and                                                              
tourism."                                                                                                                       
                                                                                                                                
REPRESENTATIVE  DAHLSTROM moved  to adopt  the proposed  committee                                                              
substitute  (CS)  for  HB  101,  Version  24-LS0412\G,  Luckhaupt,                                                              
3/23/05, as the  work draft.  There being no objection,  Version G                                                              
was before the committee.                                                                                                       
                                                                                                                                
MARK  GNADT, Staff  to  Representative  Eric Croft,  Alaska  State                                                              
Legislature,  sponsor, noted  on  behalf of  Representative  Croft                                                              
that at  the bill's last  hearing, it became  obvious that  HB 101                                                              
has two  distinct parts,  one of which  is somewhat  duplicated in                                                              
other legislation  and has therefore been removed  from Version G.                                                              
Version G  now contains only the  other part of the  original bill                                                              
and is modeled on  Hawaii statute.  He provided  members with both                                                              
a copy of  that statute and  an article mentioning a  case wherein                                                              
a  man who  was  engaged  in offering  tours  for  the purpose  of                                                              
having sex in Thailand  turned in his travel agency  license.  The                                                              
Hawaii legislature  enacted its statute after the  situation about                                                              
the aforementioned  man was brought  to its attention.   He added,                                                              
"So there is  some precedent for  the need of it in  Hawaii; there                                                              
also [is],  with the  federal prosecution in  2001, ...  some idea                                                              
that there might be some need for it here as well."                                                                             
                                                                                                                                
MR. GNADT  offered that Version G  now targets the demand  for sex                                                              
trafficking,  which is present  in other countries  as well  as in                                                              
the United  States.   Version G  will help Alaska  do its  part in                                                              
fighting  this  international  problem:   if  a  company  promotes                                                              
prostitution   -  or  a   commercial  sex   act  -  or   promotes,                                                              
advertises, or  facilitates travel  for either of  those purposes,                                                              
the company  can be  prosecuted.   Additionally, he remarked,  the                                                              
inclusion in  Version G of a  definition for "commercial  sex act"                                                              
is intended  to encompass more than  those acts that  are normally                                                              
thought of as prostitution but which are equally horrible.                                                                      
                                                                                                                                
CHAIR McGUIRE  noted that  Chip Wagoner was  in the  audience, and                                                              
offered her belief that he was "giving his support to HB 101."                                                                  
                                                                                                                                
CHAIR  McGUIRE  after ascertaining  that  no  one else  wished  to                                                              
testify, closed public testimony on HB 101.                                                                                     
                                                                                                                                
3:59:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  why  Version G  proposes to  make                                                              
promoting  sex  tourism  a  class A  felony;  in  comparison,  the                                                              
Hawaii statute makes that activity a class B felony.                                                                            
                                                                                                                                
MR. GNADT  said that the  original bill made  the crime a  class A                                                              
felony and so Version G merely maintains that level of penalty.                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG said he  has a  problem with  making the                                                              
crime a class A  felony.  In response to a  question, he indicated                                                              
that he  would be willing  to offer an  amendment that  would make                                                              
the crime a class C felony.                                                                                                     
                                                                                                                                
REPRESENTATIVE GARA  referred to the language on page  2, lines 4-                                                              
5, which  says that a  person commits the  crime of  promoting sex                                                              
tourism   if  he/she   provides   or  advertises   access  to   or                                                              
facilitates  the  availability  of  commercial sexual  acts.    He                                                              
pondered whether  it should only  be a crime if  one intentionally                                                              
facilitates the  availability of commercial sexual  acts, not when                                                              
one unknowingly does it.                                                                                                        
                                                                                                                                
MR.  GNADT said  that  is  a good  point,  and surmised  that  the                                                              
sponsor would  be amenable to  language that would  "tighten" that                                                              
provision.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG  made a motion  to adopt Amendment  1, to                                                              
page  2,  line 8,  to  replace  "class  A felony"  with  "class  C                                                              
felony".                                                                                                                        
                                                                                                                                
REPRESENTATIVE DAHLSTROM  objected for the purpose  of discussion.                                                              
She  said she  isn't opposed  to  having the  crime be  a class  A                                                              
felony.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  indicated  that  although he  feels  it                                                              
would be  appropriate to  make the  crime outlined  in the  bill a                                                              
felony,  he questions  whether  it  should be  a  class A  felony,                                                              
because the penalties are so severe.                                                                                            
                                                                                                                                
[Following  was  some  discussion  regarding  what  the  penalties                                                              
currently are for different classes of felonies.]                                                                               
                                                                                                                                
REPRESENTATIVE  GARA  relayed  that  Representative  Kerttula  has                                                              
recommended making  the crime  a class A  felony if the  victim is                                                              
under the  age of 18, and  a class C  felony if the victim  is [18                                                              
years of age or older].                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he would accept that  as a friendly                                                              
amendment to Amendment 1.                                                                                                       
                                                                                                                                
REPRESENTATIVE DAHLSTROM said she could accept such a change.                                                                   
                                                                                                                                
4:04:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG,   upon  further  reflection,   however,                                                              
pointed  out that one  wouldn't  necessarily be  able to tell  how                                                              
old  an  intended  victim  is  at  the  time  a  person  is  being                                                              
prosecuted  for the  crime of  promoting  sex tourism.   He  asked                                                              
whether  it will  be  a separate  count for  each  person [in  the                                                              
tour] or for  each tour.  In  other words, would a tour  for which                                                              
ten people have signed  up result in ten crimes or  one crime?  He                                                              
also  asked  whether   the  sentences  would  be   consecutive  or                                                              
concurrent.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GARA  offered  his  belief  that  it  would  be  a                                                              
separate crime for each victim.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG  again pointed  out,  however, that  the                                                              
crime involves  the organization  of a tour  and so there  may not                                                              
actually be  any victims if  a tour operator  is charged  with the                                                              
crime before the tour departs.                                                                                                  
                                                                                                                                
REPRESENTATIVE GARA  surmised, then, that  it would be  a separate                                                              
crime for each client.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG noted  that if  that is  the case,  then                                                              
charging a  person with a class  A felony for each  client booking                                                              
the tour could result  in that person being in prison  [for a very                                                              
long time] particularly  if he/she is also subject  to consecutive                                                              
sentencing.                                                                                                                     
                                                                                                                                
CHAIR McGUIRE  offered her understanding  of what portions  of the                                                              
new sentencing structure entail.                                                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG, in  response to  a question, said  that                                                              
he   hopes  that   Representative  Dahlstrom   would  remove   her                                                              
[suggested amendment and] objection to Amendment 1.                                                                             
                                                                                                                                
REPRESENTATIVE  GARA   said  Representative  Gruenberg   makes  an                                                              
interesting point,  particularly given the state's  new sentencing                                                              
scheme.                                                                                                                         
                                                                                                                                
4:08:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG concurred.                                                                                             
                                                                                                                                
CHAIR McGUIRE read portions of the new sentencing scheme.                                                                       
                                                                                                                                
4:09:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  again  asked  whether  it  would  be  a                                                              
separate crime  for each  client booking the  tour or  whether the                                                              
tour itself  constitutes a crime.   He indicated a  preference for                                                              
having  it  be  the  latter  but   then  applying  an  aggravating                                                              
sentencing factor for each client that books the tour.                                                                          
                                                                                                                                
REPRESENTATIVE DAHLSTROM removed her objection to Amendment 1.                                                                  
                                                                                                                                
CHAIR McGUIRE asked  whether there were any further  objections to                                                              
Amendment 1.  There being none, Amendment 1 was adopted.                                                                        
                                                                                                                                
MR. GNADT, in  response to Representative Gruenberg's  most recent                                                              
question  and comment,  indicated  that the  acts  of selling  and                                                              
facilitating  could   warrant  sentencing  aggravators   for  each                                                              
client, but that  the act of advertising would  just be considered                                                              
one crime.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked whether  the latter would  be true                                                              
if one advertises in more than one medium for each tour.                                                                        
                                                                                                                                
MR. GNADT  indicated that the  intent was  to consider the  act of                                                              
advertising a tour as one crime.                                                                                                
                                                                                                                                
CHAIR  McGUIRE  suggested  to  Representative  Gruenberg  that  he                                                              
discuss that  issue further  with the sponsor  before the  bill is                                                              
heard on the House floor.                                                                                                       
                                                                                                                                
4:13:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  made a motion  to adopt Amendment 2,  to page                                                              
2, line 4,  to add "intentionally" before the  word "facilitates".                                                              
There being no objection, Amendment 2 was adopted.                                                                              
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to report  the proposed CS  for HB                                                              
101, Version 24-LS0412\G,  Luckhaupt, 3/23/05, as  amended, out of                                                              
committee  with individual  recommendations  and the  accompanying                                                              
[zero]  fiscal notes.   There  being no  objection, CSHB  101(JUD)                                                              
was reported from the House Judiciary Standing Committee.                                                                       
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
4:13:46 PM                                                                                                                    
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Judiciary Standing Committee meeting was adjourned at 4:13 p.m.                                                                 

Document Name Date/Time Subjects