04/11/2012 09:00 AM Senate STATE AFFAIRS

           HB 234-PICKETING AND PROTESTS AT FUNERALS                                                                        
                                                                                                                                
9:10:18 AM                                                                                                                    
CHAIR  WIELECHOWSKI  announced  that  the next  bill  before  the                                                               
committee would  be HB 234,  which would prohibit picketing  at a                                                               
funeral within certain distances. He said  there was a new CS for                                                               
the bill.                                                                                                                       
                                                                                                                                
CHAIR WIELECHOWSKI requested  a motion to adopt  the proposed SCS                                                               
for HB 234, version X.                                                                                                          
                                                                                                                                
SENATOR  PASKVAN moved  to adopt  the  proposed SCS  for HB  234,                                                               
labeled 27-LS0627\X, as the working document.                                                                                   
                                                                                                                                
CHAIR WIELECHOWSKI objected for discussion purposes.                                                                            
                                                                                                                                
AARON  SCHROEDER, Staff,  Representative  Bill Thomas,  explained                                                               
the  changes  in HB  234  on  behalf  of  the sponsor.  The  word                                                               
"protest" was  deleted throughout  the bill. A  clarification was                                                               
made regarding "inside of a  cemetery, mortuary, church, or other                                                               
facility, or within 100 feet of  that facility." Also, on page 3,                                                               
line 17, the definition of picketing  was reworded to mean an act                                                               
directed  toward  a  funeral  that   disrupts  or  disturbs  that                                                               
funeral.                                                                                                                        
                                                                                                                                
9:12:13 AM                                                                                                                    
JEFFERY  MITTMAN, Executive  Director,  American Civil  Liberties                                                               
Union (ACLU) of Alaska, voiced concerns  about HB 234. He said he                                                               
had had an  opportunity to review version X. He  stated that ACLU                                                               
still has concerns  about First Amendment issues.  He referred to                                                               
page  3, lines  17  and 18,  regarding picketing  as  an area  of                                                               
concern.  ACLU's   analysis  is  based  on   the  standard  First                                                               
Amendment  time, place,  and  manner  restrictions being  content                                                               
neutral. The  bill focuses on a  certain type of speech  - speech                                                               
directed towards  a funeral -  and runs afoul of  First Amendment                                                               
restrictions and restrictions on  First Amendment rights. He said                                                               
he  preferred   legislation  that  focused  on   content  neutral                                                               
material, such  as excessive noise.  In the bill, a  certain type                                                               
of content is being restricted.                                                                                                 
                                                                                                                                
He  gave  an  example  if  two  different  types  of  individuals                                                               
standing  in  the  same  place.  One  could  be  a  union  worker                                                               
protesting the  conduct of a  hotel across the street.  The other                                                               
might be  a person  engaged in  the same  conduct holding  a sign                                                               
saying something about  the funeral. The person  holding the sign                                                               
about the  hotel would  not fall under  the legislation,  but the                                                               
person holding  the sign  about the  funeral would.  He concluded                                                               
that that was an example of non-content neutrality.                                                                             
                                                                                                                                
CHAIR WIELECHOWSKI thanked  the testifier. He noted  the bill has                                                               
a Judiciary Committee referral. He  said he preferred to move the                                                               
bill.                                                                                                                           
                                                                                                                                
SENATOR PASKVAN  moved to report the  SCS for HB 234,  version X,                                                               
from committee  with individual recommendations and  the attached                                                               
fiscal  notes. There  being  no objection,  SCS  HB 234(STA)  was                                                               
moved from the Senate State Affairs Standing Committee.