02/15/2012 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB30 | |
| HB296 | |
| HB55 | |
| HB262 | |
| HB293 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 55 | TELECONFERENCED | |
| * | HB 262 | ||
| *+ | HB 293 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 30 | TELECONFERENCED | |
| += | HB 296 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 15, 2012
1:05 p.m.
MEMBERS PRESENT
Representative Carl Gatto, Chair
Representative Steve Thompson, Vice Chair
Representative Wes Keller
Representative Bob Lynn
Representative Max Gruenberg
Representative Lindsey Holmes
MEMBERS ABSENT
Representative Lance Pruitt
Representative Mike Chenault (alternate)
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 30(2d JUD)
"An Act providing for the release of certain property in the
custody of a law enforcement agency to a crime victim under
certain conditions and relating to requests for that release by
the office of victims' rights."
- MOVED CSSB 30(2d JUD) OUT OF COMMITTEE
HOUSE BILL NO. 296
"An Act relating to service of process on prisoners; relating to
the crime of escape; relating to the definition of 'correctional
facility'; amending Rule 4, Alaska Rules of Civil Procedure; and
providing for an effective date."
- MOVED CSHB 296(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 55
"An Act adding definitions of 'gravity knife' and 'switchblade'
to the criminal law."
- MOVED CSHB 55(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 262
"An Act relating to the offense of interference with access to
public buildings or transportation facilities, when a person
conditions access to a public building or transportation
facility on consent to certain physical contact or to an
electronic process that produces a picture of the private
exposure of the person."
- HEARD & HELD
HOUSE BILL NO. 293
"An Act relating to the rights of crime victims; relating to the
duties of prosecuting attorneys; and amending Rule 45, Alaska
Rules of Criminal Procedure."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 30
SHORT TITLE: RETURN OF SEIZED PROPERTY
SPONSOR(S): SENATOR(S) DYSON
01/19/11 (S) PREFILE RELEASED 1/7/11
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) STA, JUD
02/03/11 (S) STA AT 9:00 AM BUTROVICH 205
02/03/11 (S) Heard & Held
02/03/11 (S) MINUTE(STA)
02/17/11 (S) STA AT 9:00 AM BUTROVICH 205
02/17/11 (S) Moved CSSB 30(STA) Out of Committee
02/17/11 (S) MINUTE(STA)
02/21/11 (S) STA RPT CS 4DP 1NR NEW TITLE
02/21/11 (S) DP: KOOKESH, PASKVAN, MEYER, GIESSEL
02/21/11 (S) NR: WIELECHOWSKI
02/28/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/28/11 (S) Heard & Held
02/28/11 (S) MINUTE(JUD)
03/18/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/18/11 (S) Heard & Held
03/18/11 (S) MINUTE(JUD)
03/21/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/21/11 (S) Moved CSSB 30(JUD) Out of Committee
03/21/11 (S) MINUTE(JUD)
03/22/11 (S) JUD RPT CS 2DP 2NR NEW TITLE
03/22/11 (S) DP: FRENCH, COGHILL
03/22/11 (S) NR: WIELECHOWSKI, PASKVAN
03/22/11 (S) FIN REFERRAL ADDED AFTER JUD
03/25/11 (S) RETURNED TO JUD COMMITTEE
04/04/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/04/11 (S) Heard & Held
04/04/11 (S) MINUTE(JUD)
04/06/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/06/11 (S) Moved CSSB 30(2d JUD) Out of Committee
04/06/11 (S) MINUTE(JUD)
04/07/11 (S) JUD RPT CS (2d JUD) 3DP 1NR NEW TITLE
04/07/11 (S) DP: FRENCH, PASKVAN, MCGUIRE
04/07/11 (S) NR: WIELECHOWSKI
01/20/12 (S) FIN AT 9:00 AM SENATE FINANCE 532
01/20/12 (S) Heard & Held
01/20/12 (S) MINUTE(FIN)
01/27/12 (S) FIN AT 9:00 AM SENATE FINANCE 532
01/27/12 (S) Moved CSSB 30(2d JUD) Out of Committee
01/27/12 (S) MINUTE(FIN)
01/27/12 (S) FIN RPT CS (2d JUD) 6DP
01/27/12 (S) DP: HOFFMAN, STEDMAN, THOMAS, EGAN,
OLSON, ELLIS
02/01/12 (S) TRANSMITTED TO (H)
02/01/12 (S) VERSION: CSSB 30(2d JUD)
02/03/12 (H) READ THE FIRST TIME - REFERRALS
02/03/12 (H) JUD, FIN
02/13/12 (H) JUD AT 1:00 PM CAPITOL 120
02/13/12 (H) Heard & Held
02/13/12 (H) MINUTE(JUD)
02/15/12 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 296
SHORT TITLE: CRIME OF ESCAPE/DEF. OF CORRECT. FACILITY
SPONSOR(S): JUDICIARY
01/25/12 (H) READ THE FIRST TIME - REFERRALS
01/25/12 (H) JUD, FIN
02/01/12 (H) JUD AT 1:00 PM CAPITOL 120
02/01/12 (H) Heard & Held
02/01/12 (H) MINUTE(JUD)
02/10/12 (H) JUD AT 1:00 PM CAPITOL 120
02/10/12 (H) Heard & Held
02/10/12 (H) MINUTE(JUD)
02/13/12 (H) JUD AT 1:00 PM CAPITOL 120
02/13/12 (H) Scheduled But Not Heard
02/15/12 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 55
SHORT TITLE: DEFINITIONS: GRAVITY KNIFE & SWITCHBLADE
SPONSOR(S): NEUMAN, LYNN
01/18/11 (H) PREFILE RELEASED 1/7/11
01/18/11 (H) READ THE FIRST TIME - REFERRALS
01/18/11 (H) JUD
02/15/12 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 262
SHORT TITLE: PASSENGER SECURITY: TRANSPORT. FACILITY
SPONSOR(S): CISSNA
01/17/12 (H) PREFILE RELEASED 1/13/12
01/17/12 (H) READ THE FIRST TIME - REFERRALS
01/17/12 (H) JUD, FIN
02/15/12 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 293
SHORT TITLE: RIGHTS OF CRIME VICTIMS/CONTINUANCES
SPONSOR(S): TUCK
01/25/12 (H) READ THE FIRST TIME - REFERRALS
01/25/12 (H) JUD, FIN
02/15/12 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
REPRESENTATIVE TAMMIE WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During discussion of SB 30, provided a
comment on behalf of the sponsor, Senator Dyson.
ANNE CARPENETI, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: During discussion of HB 296, provided a
comment regarding proposed Amendment 3.
REPRESENTATIVE MARK NEUMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 55 as one of its joint prime
sponsors.
RODNEY DIAL, Lieutenant, Deputy Commander
A Detachment
Division of Alaska State Troopers
Department of Public Safety (DPS)
Ketchikan, Alaska
POSITION STATEMENT: Responded to questions during discussion of
HB 55.
ANNE CARPENETI, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during discussion of
HB 55.
TODD RATHNER
Director
Legislative Affairs
Knife Rights, Inc.
Gilbert, Arizona
POSITION STATEMENT: Provided comments during discussion of
HB 55.
REX SHATTUCK, Staff
Representative Mark Neuman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Assisted with the presentation of HB 55 on
behalf of Representative Neuman, one of the joint prime
sponsors.
RAY THIBAULT, Owner
Northern Knives
Anchorage, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 55.
MILESANNA WHITE, Staff
Representative Sharon Cissna
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Assisted with the presentation of HB 262 on
behalf of the sponsor, Representative Cissna.
MARK SABEL, Staff
Representative Sharon Cissna
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Assisted with the presentation of HB 262 on
behalf of the sponsor, Representative Cissna.
REPRESENTATIVE SHARON CISSNA
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 262.
PATRICIA ANDERSON, Co-director
Alaskans' Freedom to Travel USA
Anchorage, Alaska
POSITION STATEMENT: Testified in favor of HB 262.
THOMAS BROWN, Co-director
Alaskans' Freedom to Travel USA
Anchorage, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 262.
REPRESENTATIVE CHRIS TUCK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 262.
DIANE SCHENKER, Co-director
Alaskans' Freedom to Travel USA
Anchorage, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 262.
REPRESENTATIVE CHRIS TUCK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 293.
ACTION NARRATIVE
1:05:12 PM
CHAIR CARL GATTO called the House Judiciary Standing Committee
meeting to order at 1:05 p.m. Representatives Gatto, Lynn,
Keller, and Thompson were present at the call to order.
Representatives Holmes and Gruenberg arrived as the meeting was
in progress. Representative Pruitt was excused.
SB 30 - RETURN OF SEIZED PROPERTY
1:05:45 PM
CHAIR GATTO announced that the first order of business would be
CS FOR SENATE BILL NO. 30(2d JUD), "An Act providing for the
release of certain property in the custody of a law enforcement
agency to a crime victim under certain conditions and relating
to requests for that release by the office of victims' rights."
1:06:12 PM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature, on
behalf of Senator Dyson, the sponsor of SB 30, in response to a
question, indicated that there weren't any proposed amendments
for SB 30.
1:06:42 PM
REPRESENTATIVE THOMPSON moved to report CSSB 30(2d JUD) out of
committee with individual recommendations and the [accompanying]
fiscal notes. There being no objection, CSSB 30(2d JUD) was
reported from the House Judiciary Standing Committee.
The committee took an at-ease from 1:07 p.m. to 1:09 p.m.
HB 296 - CRIME OF ESCAPE/DEF. OF CORRECT. FACILITY
1:09:57 PM
CHAIR GATTO announced that the next order of business would be
HOUSE BILL NO. 296, "An Act relating to service of process on
prisoners; relating to the crime of escape; relating to the
definition of 'correctional facility'; amending Rule 4, Alaska
Rules of Civil Procedure; and providing for an effective date."
[Amendment 1 was adopted on 2/1/12; left pending from the
hearing on 2/10/12 was the motion to adopt Amendment 2, which
was not taken up again.]
1:10:25 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 3,
labeled 27-LS1199\D.5, Gardner, 2/14/12, which read:
Page 1, line 2:
Delete "relating to the definition of
'correctional facility'"
Page 2, lines 13 - 18:
Delete all material and insert:
"(1) has construction fixtures or security
features that are designed to restrict the ability of
a person under official detention from leaving the
facility without lawful authority; or
(2) has correctional officers or other
persons authorized by the commissioner of corrections
to prevent a person under official detention from
leaving without lawful authority."
Page 2, lines 19 - 23:
Delete all material.
Renumber the following bill sections accordingly.
Page 3, line 2, following "Act,":
Insert "and"
Page 3, lines 3 - 4:
Delete "and the definition of "correctional
facility" in AS 11.81.900(b)(9), as amended by sec. 4
of this Act,"
CHAIR GATTO objected for the purpose of discussion.
REPRESENTATIVE GRUENBERG explained that Amendment 3 - carefully
crafted to address the concerns of all parties - would rewrite
Section 3's proposed new AS 11.56.310(c)(1)-(2), which would
define the term, "secure correctional facility" as that term is
used in AS 11.56.310; would delete Section 4, which would alter
existing AS 11.81.900(b)(9)'s definition of what constitutes a
"correctional facility"; and would make conforming changes to
the title.
1:13:02 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), confirmed
that Amendment 3 addresses the concerns the administration had
with HB 296.
CHAIR GATTO removed his objection, and, after ascertaining that
there were no further objections, announced that Amendment 3 was
adopted.
REPRESENTATIVE KELLER, in response to a question, confirmed that
he's been assured that HB 296 won't impact the statutes
pertaining to Medicaid funding, and thus the concern he had with
the bill has been alleviated.
CHAIR GATTO, after ascertaining that no one else wished to
testify, closed public testimony on HB 296.
1:15:08 PM
REPRESENTATIVE THOMPSON moved to report HB 296 [as amended] out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection,
CSHB 296(JUD) was reported from the House Judiciary Standing
Committee.
The committee took an at-ease from 1:15 p.m. to 1:17 p.m.
HB 55 - DEFINITIONS: GRAVITY KNIFE & SWITCHBLADE
1:17:24 PM
CHAIR GATTO announced that the next order of business would be
HOUSE BILL NO. 55, "An Act adding definitions of 'gravity knife'
and 'switchblade' to the criminal law."
1:17:34 PM
REPRESENTATIVE MARK NEUMAN, Alaska State Legislature, speaking
as one of the joint prime sponsors, indicated that HB 55 would
clarify that [knives with a spring, detent, or other mechanism
designed to create a bias toward closure, such as those on]
hunting, fishing, and utility knives, do not qualify as [either
gravity knives or switchblades, which are prohibited under state
law,] and can therefore be owned legally. Rulings by the Alaska
Supreme Court indicate that Alaska's criminal statutes warrant
clarification with regard to what constitutes a gravity knife
and a switchblade for purposes of prosecution, and so the goal
with HB 55 is to provide that clarification by defining those
terms in AS 11.81.900(b). He then indicated that a proposed
amendment [later referred to as Amendment 1] in members' packets
would insert a reference to knives in AS 29.10.200 and AS
29.35.145, thereby stipulating that the authority to regulate
knives is reserved to the state, thus ensuring that the laws
pertaining to knives are uniform throughout Alaska.
1:20:32 PM
RODNEY DIAL, Lieutenant, Deputy Commander, A Detachment,
Division of Alaska State Troopers, Department of Public Safety
(DPS), in response to questions, relayed that [the DPS]
considers knives to be weapons for purposes of requiring that
the possession of a weapon be disclosed to law enforcement
officers; that no type of knife is exempt from that requirement;
and that how a particular knife is defined in statute will not
impact law enforcement officers in terms of apprehending a
person.
1:22:42 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), in response
to questions, explained that in AS 11.61.210 - the [existing]
class A misdemeanor crime of misconduct involving weapons in the
fourth degree - subsection (a)(5) prohibits the manufacture,
sale, or transfer of a switchblade or a gravity knife; and that
in AS 11.61.220 - the [existing] class B misdemeanor crime of
misconduct involving weapons in the fifth degree - subsection
(a)(5) prohibits the possession or transportation of a
switchblade or a gravity knife. By adding definitions [into AS
11.81.900(b) via proposed new paragraphs (65) and (66),] HB 55
would clarify which types of knives do and do not qualify as a
gravity knife or as a switchblade for purposes of applying those
criminal statutes.
1:26:05 PM
TODD RATHNER, Director, Legislative Affairs, Knife Rights, Inc.,
offering his belief that around the country, some people are
being wrongfully arrested and prosecuted for carrying a so-
called illegal knife simply because of inadequate
statutory/regulatory definitions, said that if the Alaska
legislature isn't ready to repeal the state's ban on certain
types of knives altogether, his organization strongly urges the
committee to adopt HB 55's proposed definitions for a gravity
knife and a switchblade. He also indicated favor with the
aforementioned forthcoming amendment's proposal to stipulate
that the authority to regulate knives is reserved to the state,
surmising that it will make it easier for the public and law
enforcement to comply with and enforce, respectively, the
state's existing prohibition on gravity knives and switchblades.
In response to a question, he offered his belief that knives
carried in a sheath and knives that must be pried open do not
fall under the [bill's proposed] definitions of gravity knife
and switchblade.
CHAIR GATTO noted that written testimony from Mr. Rathner is
included in members' packets.
MS. CARPENETI, in response to questions, indicated that she
would research whether - and, if so, under what circumstances -
switchblade manufacturers located outside of Alaska might be
subject to Alaska law; and explained that in Alaska, the
culpable mental state whenever it's not specified in the
pertinent criminal statute is that of "knowing".
CHAIR GATTO noted that a memorandum from Legislative Legal and
Research Services dated December 17, 2010, refers to "butterfly
knives" and "balisong knives".
1:36:15 PM
REX SHATTUCK, Staff, Representative Mark Neuman, Alaska State
Legislature, on behalf of Representative Neuman, one of HB 55's
joint prime sponsors, indicated that both types of knives have a
fixed center shaft and two outside pieces [that pivot to either
become the handle or to act as a sheath for the blade by
completely encompassing it].
MS. CARPENETI, in response to a question, said she suspects that
butterfly/balisong knives would continue to be legal in Alaska
because the court - in State v. Strange, 785 P.2d 563 (Alaska
Ct. App. 1990) - has ruled that they are not gravity knives or
switchblades, and the definitions proposed by HB 55 are limiting
in nature.
MR. SHATTUCK, in response to a request, showed the committee two
different knives and demonstrated how each opened and closed,
adding that the point of the bill is to ensure that such knives
aren't considered to be switchblades, which, he ventured, can be
distinguished from other types of knives by the fact that they
both open and close automatically with the press of a button.
1:42:44 PM
RAY THIBAULT, Owner, Northern Knives, characterized HB 55's
proposed definitions as excellent, and posited that they would
help clarify things. He then expressed favor with the
aforementioned forthcoming amendment's proposal to stipulate
that the authority to regulate knives is reserved to the state,
offering his belief that its adoption would ensure that the laws
pertaining to knives are uniform throughout Alaska.
1:44:33 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1,
labeled 27-LS0298\A.1, Gardner, 2/2/12, which read:
Page 1, line 1, following "law":
Insert "; and relating to reserving the authority
to regulate knives to the state with limited
exceptions for municipalities to regulate knives."
Page 1, following line 15:
Insert new bill sections to read:
"* Sec. 2. AS 29.10.200(40) is amended to read:
(40) AS 29.35.145 (regulation of firearms
and knives);
* Sec. 3. AS 29.35.145(a) is amended to read:
(a) The authority to regulate firearms and
knives is reserved to the state, and, except as
specifically provided by statute, a municipality may
not enact or enforce an ordinance regulating the
possession, ownership, sale, transfer, use, carrying,
transportation, licensing, taxation, or registration
of firearms or knives.
* Sec. 4. AS 29.35.145(b) is amended to read:
(b) Municipalities may enact and enforce
ordinances
(1) that are identical to state law and
that have the same penalty as provided for by state
law;
(2) restricting the discharge of firearms
in any portion of their respective jurisdictions where
there is a reasonable likelihood that people, domestic
animals, or property will be jeopardized; ordinances
enacted or enforced under this paragraph may not
abridge the right of the individual guaranteed by art.
I, sec. 19, Constitution of the State of Alaska, to
bear arms in defense of self or others;
(3) restricting the areas in their
respective jurisdictions in which firearms or knives
may be sold; a business selling firearms or knives may
not be treated more restrictively than other
businesses located within the same zone; and
(4) prohibiting the possession of firearms
or knives in the restricted access area of municipal
government buildings; the municipal assembly shall
post notice of the prohibition against possession of
firearms or knives at each entrance to the restricted
access area."
CHAIR GATTO objected for the purpose of discussion.
REPRESENTATIVE GRUENBERG - noting that AS 29.35.145 states that
municipalities may enact and enforce ordinances that are
identical to state law and provide for the same penalties -
asked whether municipalities would have the authority to enact a
local ordinance addressing the class A misdemeanor crime of
manufacturing, selling, or transferring a switchblade or a
gravity knife.
CHAIR GATTO questioned the value of enacting a local ordinance
that merely copies state law.
REPRESENTATIVE NEUMAN said the goal with Amendment 1 is to
provide clarification.
MR. SHATTUCK added that the drafter recommended altering the
existing statutes pertaining to municipal firearms as the best
approach to ensuring Alaska's knife laws are uniform throughout
the state.
CHAIR GATTO removed his objection, ascertained that there were
no further objections, and announced that Amendment 1 was
adopted.
CHAIR GATTO, after ascertaining that no one else wished to
testify, closed public testimony on HB 55.
1:54:07 PM
REPRESENTATIVE THOMPSON moved to report HB 55, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection,
CSHB 55(JUD) was reported from the House Judiciary Standing
Committee.
The committee took an at-ease from 1:54 p.m. to 1:58 p.m.
HB 262 - PASSENGER SECURITY: TRANSPORT. FACILITY
1:58:16 PM
CHAIR GATTO announced that the next order of business would be
HOUSE BILL NO. 262, "An Act relating to the offense of
interference with access to public buildings or transportation
facilities, when a person conditions access to a public building
or transportation facility on consent to certain physical
contact or to an electronic process that produces a picture of
the private exposure of the person."
1:59:40 PM
MILESANNA WHITE, Staff, Representative Sharon Cissna, Alaska
State Legislature, on behalf of the sponsor, Representative
Cissna, explained that HB 262 relates to air-travel screening
procedures currently taking place in Alaska, and, after
providing a brief history of such procedures, proffered that
passage of HB 262 would protect Alaskans from inappropriately-
invasive searches. Specifically, HB 262 would make it a class A
misdemeanor for a person to require another person - as a
condition for access to a public building or transportation
facility - to submit to a physical or electronic search of
his/her body.
2:01:16 PM
MARK SABEL, Staff, Representative Sharon Cissna, Alaska State
Legislature, on behalf of Representative Cissna, the sponsor of
HB 262, provided a PowerPoint presentation. Referring to page 2
of that presentation, he said that the Transportation Security
Administration (TSA) conducts security screenings at 450
airports in the United States, screening both baggage and
passengers. In response to two incidences that occurred after
[the terrorist attacks of September 11, 2001], the TSA has been
using body scanners and invasive physical inspections at an
accelerated rate; those two incidents occurred on airplanes
originating outside of the U.S, one involving explosive
compounds hidden in the sole of a shoe, and the other involving
explosive compounds sown into an undergarment. He offered his
belief that as a result of [the terrorist attacks of September
11, 2001], passengers are now more likely to put a stop to a
hijacker's efforts themselves; furthermore, no fatal bombing has
occurred on an American airliner in over 50 years.
MR. SABEL, in response to a question, offered his understanding
that TSA employees don't carry weapons. Referring to page 3 of
his PowerPoint presentation, he said that TSA employees -
referred to as transportation security officers - have no police
powers and must instead obtain assistance from actual law
enforcement officers. He relayed that the TSA's budget is now
at $8.1 billion, and includes funding for air marshals and for
other duties the TSA performs.
CHAIR GATTO observed that a statistic on that page indicates
that there are over 58,000 people employed by the TSA.
MR. SABEL, referring to page 4 of his PowerPoint presentation,
said that Alaskans travel by air eight times more often than
residents of other states do; that many Alaskans have sustained
physical injury and/or emotional trauma; that in most of Alaska,
traveling by air is the only option, particularly [in winter];
that many Alaskans must travel by air in order to obtain
advanced medical care; and that per capita, Alaska has the
highest number of military veterans and the fastest growing
senior population. Furthermore, Alaska leads the nation in
severe arctic weather, and in distances between communities, and
so air travel is critical to Alaskans.
2:07:40 PM
REPRESENTATIVE SHARON CISSNA, Alaska State Legislature, sponsor
- noting that she, herself, was involved in an incident with the
TSA in Seattle, Washington, during which she was subjected to
what she characterized as a very invasive physical examination -
proffered that HB 262 addresses a constitutional issue, from the
standpoint of both the U.S. Constitution and the Alaska State
Constitution, specifically that of the right of the people to be
secure against unreasonable searches and seizures.
House Bill 262 would ensure that Alaskans have the ability to
travel unhindered within Alaska, free from the fear that their
persons will be violated, and would restore their constitutional
rights. Currently, any difference in a person's physique
detected via an electronic search engenders an additional, but
this time physical, search by TSA personnel. Victims of
domestic violence (DV), sexual assault, and sexual abuse of a
minor crimes should not be subject to the inappropriate touching
involved in a physical search, and, in fact, HB 262's proposed
AS 11.76.118(a)(1) and (2) use the same descriptive language as
the statutes addressing those crimes.
REPRESENTATIVE CISSNA offered her understanding that Texas
introduced legislation similar to HB 262, and mentioned that
HB 262 might be preempted because of the U.S. Constitution's
Supremacy Clause. She also mentioned that during a meeting of
the Health Caucus, the Department of Law (DOL) provided
information about the TSA, including a supposition that the
issues of concern that have arisen as a result of the TSA's
procedures haven't been resolved yet simply because they haven't
been addressed by the court of proper jurisdiction. She further
noted that as currently drafted, HB 262 doesn't specifically
speak to the new TSA screening procedures recently instituted in
Alaska's airports; indicated that thus far the federal
government hasn't responded to any requests for assistance with
the TSA; suggested that HB 262 be amended to adequately address
the perceived problems; predicted that only through litigation
would a solution really be found; and emphasized that
legislation such as HB 262 is needed because of the high number
of Alaskans who've suffered trauma but still find themselves
needing to travel by air.
REPRESENTATIVE CISSNA, in response to a question, proffered that
Alaskans traveling by air need better security than the TSA is
capable of providing; mentioned that other legislation has been
introduced addressing opting out of having the TSA manage
security at Alaska's airports; and offered her belief that the
TSA's budget is as high as it is because of its use of full-body
scanners.
2:25:34 PM
CHAIR GATTO offered his understanding that some such scanners
produce a detailed image of the individual, whereas other such
scanners produce only a generic image.
REPRESENTATIVE THOMPSON offered his understanding that because
HB 262 provides an exemption for activities occurring in federal
buildings, HB 262 wouldn't apply to TSA activities.
REPRESENTATIVE CISSNA said that according to the Department of
Transportation & Public Facilities (DOT&PF), all [commercial]
airports in Alaska are owned by either the state or by the local
community, and that according to one airport manager, airports
merely attempt to provide the TSA with adequate space to conduct
its screenings, but those spaces are not then "owned" by the
federal government.
REPRESENTATIVE KELLER offered his belief that the federal
government has "stepped over the line," and expressed
appreciation for the sponsor's efforts.
2:32:18 PM
PATRICIA ANDERSON, Co-director, Alaskans' Freedom to Travel USA,
said she would be speaking in favor of HB 262, and recounted an
incident in which she underwent a physical search at the Seattle
airport, sharing her belief that a search of the severity that
she was subjected to was unnecessary because the clothing she
was wearing at the time couldn't conceal anything. Mentioning
that she is a breast cancer survivor, she also shared her belief
that full-body scanners aren't safe in terms of exposing people
to high levels of radiation, and can't detect dangerous
compounds anyway. Noting that she has been physically searched
on several occasions, she pointed out that none of the searches
were conducted in a consistent manner, though all were invasive.
If the TSA is not going to comply with the Fourth Amendment, she
opined, then the State of Alaska should exercise its Tenth-
Amendment right in order to protect its citizens.
MS. ANDERSON then offered other examples of instances where the
TSA, in conducting its searches, behaved inappropriately towards
people - including children - who were innocent of any
wrongdoing, and characterized the establishment of various
"trusted traveler" programs as divisive, allowing for unequal
treatment of certain passengers. In conclusion, Ms. Anderson
urged the committee to move HB 262 forward, venturing that there
must be constitutional options available for ensuring the
security of those traveling by air, options such as using dogs
or explosives-trace detection technologies to scan travelers for
explosives - in other words, options that don't involve touching
people or taking pictures of their bodies, particularly given
that radiation buildup in the human body is cumulative.
CHAIR GATTO concurred, noting that others in the room are also
cancer survivors.
2:44:11 PM
THOMAS BROWN, Co-director, Alaskans' Freedom to Travel USA,
remarking that the federal government is violating Fourth
Amendment rights, predicted that the TSA, under its current
procedures, would continue to target the most vulnerable of air
travelers such as those with physical anomalies resulting from
age, amputation, other surgeries, or other traumas. Referring
to the TSA as a national and international embarrassment, he
offered his understanding that even the State of Israel - which
deals with terrorism far more than the United States - refuses
to install the type of machinery that the TSA is using, and
refuses to pat down its citizens the way the TSA is doing. Over
the years, he relayed, he's lived in several different countries
overseas and been in the vicinity when bombing attacks have
occurred. Terrorism exists and should be dealt with, he opined,
but said he expects his federal government to better allocate
his tax dollars, adding, "I really don't see the usefulness,
necessity, (indisc.), in putting body scanners in Ketchikan or
Bethel - I don't see hoards of ... [mujahideen] coming through
Kivalina trying to kill us." Instead, he relayed, he views the
TSA as a bloated bureaucracy - nothing more than a job-creation
program - that has not succeeded in arresting any actual
terrorists.
MR. BROWN said he is not necessarily suggesting replacement of
the TSA, but rather that it's mission must be refined,
particularly given that its current screening procedures are,
without doubt, excessive and useless. In fact, he recounted,
Israel's defense minister has called full-body scanners a
laughable waste of money, and the type of physical searches the
TSA is currently conducting would not have revealed either the
terrorist with explosive compounds in his shoes, or the
terrorist with explosive compounds in his undergarment. Simply
having open borders is not the solution, but people do need to
consider how the federal government is using tax-payer dollars.
Again, countries that actually live with terrorism don't do the
things that the TSA is doing, and America has become the brunt
of many jokes and underhanded digs because of TSA screening
procedures; "It's embarrassing to think that the greatest,
freest country in the history of the planet is going to treat
octogenarians and six-month-old children this way," he
concluded.
2:49:28 PM
CHAIR GATTO, speaking as a cancer survivor who grew up in what
he referred to as a rough neighborhood in New York City, pointed
out that profiling potentially-dangerous people was the only way
for a person to survive such an upbringing; for example, if a
person saw three men swinging chains walking towards him/her,
the person crossed the street, and if the men then followed, the
person ran for his/her life. The TSA, however, subjects
everyone - whether it's an 80-year-old grandmother or a
[college] student from Saudi Arabia - to the same treatment.
This seems like a waste of money, time, and energy, he opined,
particularly given how successful judicious profiling has been
elsewhere - such profiling in the context of pinpointing
potentially dangerous people is a survival mechanism, and to not
engage in it while addressing a potentially-dangerous situation
makes no sense.
REPRESENTATIVE LYNN declared a potential conflict of interest in
that because of past surgery, metal detectors sound an alarm
when he goes through them. He added that he is uncomfortable
equating TSA procedures with domestic violence (DV), as he's
heard some do, considering such equating to be inappropriate
given the issue before the committee.
2:52:36 PM
REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, recounted
that prior to 1996, one could purchase a plane ticket and fly
without showing identification (ID), and that that changed when
Trans World Airlines (TWA) Flight 800 exploded due to a
mechanical failure. Originally thought to be the result of
terrorist activities, the destruction of that plane resulted in
the federal government taking steps to provide the public with a
sense of security while flying, and instituting a requirement
that people show ID before being allowed to board a plane was
one of those steps. Consider, now, how many rights and freedoms
people have given up in the 16 years since then just to be able
to travel - and supposedly with their sense of dignity still
intact. Current TSA screening procedures provide nothing more
than "security theatre," he opined, doing nothing to keep
travelers safe in reality. And such procedures, while they
might have been useful right after [the terrorist attacks of
September 11, 2001], aren't currently addressing an existing
threat. Security at airports used to be handled with "good old
fashioned police work," he remarked, and that shouldn't have
been replaced with the activities the TSA currently engages in.
In conclusion, he said he can't help but wonder what impact
restricting travel, as the TSA is currently doing, is having on
Alaska's economy, and surmised that there must be better
measures to put in place, particularly given that whole-body
scanners can't detect explosive compounds anyway.
2:56:18 PM
DIANE SCHENKER, Co-director, Alaskans' Freedom to Travel USA,
offered her understanding that members' packets include, or will
soon include, a letter from her organization that contains
stories from other Alaskans about their treatment by the TSA;
these stories detail how people are being touched during TSA
screenings, with some of that touching fitting Alaska's
statutory definition of sexual assault. The argument offered to
justify such touching is that passengers have consented to it;
however, consent given while under coercion isn't truly consent,
and Alaskans who must travel by air for work or medical reasons
are being coerced because they have no choice. There must be a
way to prevent harm from coming to air travelers without
violating their constitutional rights, she opined; for example,
although there might be a crime problem in Alaska, the solution
hasn't been to institute curfews or establish search checkpoints
or forcibly take blood samples or break in to people's homes
every night to search them. Under current TSA procedures, if
Alaskans wish to travel by air, they must first, essentially,
consent to being sexually assaulted.
REPRESENTATIVE LYNN, in response to a question, said he objects
to moving HB 262 from committee, adding that although current
TSA screening procedures can be an inconvenience, he wants to
feel that he's safe from terrorists when he flies.
CHAIR GATTO expressed interest in hearing possible solutions to
the problem of ensuring that airplanes are made safe from
terrorists in a constitutional manner. Children, he pointed
out, are being left in tears after TSA personnel physically
search them because they've been taught by their parents that
its wrong for anyone to touch them in that manner.
CHAIR GATTO then relayed that HB 262 would be held over.
HB 293 - RIGHTS OF CRIME VICTIMS/CONTINUANCES
3:03:33 PM
CHAIR GATTO announced that the final order of business would be
HOUSE BILL NO. 293, "An Act relating to the rights of crime
victims; relating to the duties of prosecuting attorneys; and
amending Rule 45, Alaska Rules of Criminal Procedure."
3:04:20 PM
REPRESENTATIVE THOMPSON moved to adopt the proposed committee
substitute (CS) for HB 293, Version 27-LS1238\M, Gardner,
2/13/12, as the working document.
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.
REPRESENTATIVE THOMPSON referred to Section 2's proposed AS
12.61.015(a)(5)(B), which would define a substantial delay in
the prosecution of a felony as being a delay of two months or
longer, and questioned whether that provision would create a
loophole by which a defendant could repeatedly delay
prosecution.
3:05:40 PM
REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, sponsor,
explained that to address a concern about HB 293's use of the
term, "substantially delay" in Section 2's proposed AS
12.61.015(a)(5) - which pertains to providing notice to the
victim of a pending motion that may substantially delay
prosecution - language defining what would constitute a
substantial delay is now included in paragraph (5)'s
subparagraphs (A)-(C). He then went on to explain that Section
3 - providing for a direct court rule amendment to Rule 45(d)(2)
of the Alaska Rules of Criminal Procedure - now specifies that
the court, when granting a continuance, shall have also
considered the interests of the victim if they are known.
Section 4 - proposing to add a new subsection (h) to Rule 45 of
the Alaska Rules of Criminal Procedure - now also specifies that
the court, before ruling on a motion for continuance, shall
consider the victim's position if known. These changes to
Sections 3 and 4 were recommended by the Department of Law
(DOL), he said in conclusion.
REPRESENTATIVE GRUENBERG removed his objection.
[No further objections were stated, and Version M was treated as
being before the committee.]
CHAIR GATTO relayed that HB 293 [Version M] would be held over.
3:06:53 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:06 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 55 Amendment A 1.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 55 |
| HB 55 Sponsor Statement.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 55 |
| HB 55 vers LS0298 A.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 55 |
| HB 55 Legal Memo.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 55 |
| HB 55 Strange Case.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 55 |
| HB 55 Support Alaska Essential Tools.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 55 |
| HB 55 Support letter Matthew Carberry.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 55 |
| HB055-LAW-CRIM-02-10-12.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 55 |
| HB 262- Bill.pdf |
HJUD 2/15/2012 1:00:00 PM HJUD 2/20/2012 1:00:00 PM |
HB 262 |
| HB 262- Sponsor Statement.pdf |
HJUD 2/15/2012 1:00:00 PM HJUD 2/20/2012 1:00:00 PM |
HB 262 |
| HB 262- Sectional Analysis.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 262 |
| HB 262 Support Giessel.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 262 |
| HB 262 Support letter.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 262 |
| CRS Report-Changes in Airport Passenger Screening.pdf |
HJUD 2/15/2012 1:00:00 PM |
|
| HB262-LAW-CRIM-02-10-12.pdf |
HJUD 2/15/2012 1:00:00 PM HJUD 2/20/2012 1:00:00 PM |
HB 262 |
| HB 293 CS Memo to JUD Chair.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 293 |
| HB 293 Explanation Of Changes.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 293 |
| HB293-DOA-OPA-1-27-12.pdf |
HJUD 2/15/2012 1:00:00 PM HJUD 2/20/2012 1:00:00 PM |
HB 293 |
| HB293-DOA-PDA-2-11-12.pdf |
HJUD 2/15/2012 1:00:00 PM HJUD 2/20/2012 1:00:00 PM |
HB 293 |
| HB293-LAW-CRIM-02-10-12.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 293 |
| HB293 Sponsor Statement.pdf |
HJUD 2/15/2012 1:00:00 PM HJUD 2/20/2012 1:00:00 PM |
HB 293 |
| HB293 Sectional Analysis.pdf |
HJUD 2/15/2012 1:00:00 PM HJUD 2/20/2012 1:00:00 PM |
HB 293 |
| HB 293 Karen Foster Letter of Support.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 293 |
| HB293 AK Office of Victim's Rights Support Letter.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 293 |
| HB 293 CS Version M.pdf |
HJUD 2/15/2012 1:00:00 PM HJUD 2/20/2012 1:00:00 PM |
HB 293 |
| CSSB30 (2nd JUD) 2-14-12.pdf |
HJUD 2/15/2012 1:00:00 PM |
SB 30 |
| HB 293 ANDVSA Support Letter.pdf |
HJUD 2/15/2012 1:00:00 PM |
HB 293 |