04/26/2001 01:53 PM House FIN

HOUSE BILL NO. 238                                                                                                            
                                                                                                                                
     An Act relating to the power transmission intertie fund                                                                    
     of the Alaska Energy Authority.                                                                                            
                                                                                                                                
Representative   Lancaster  stated  that   HB  238   was  the                                                                   
mechanism that  the Department  of Law recommended  to change                                                                   
the statute to allow AIDEA to  receive the funds and have the                                                                   
authority to spend those funds.                                                                                                 
                                                                                                                                
HB 238 was HELD in Committee for further consideration.                                                                         
                                                                                                                                
#HB125                                                                                                                        
HOUSE BILL NO. 125                                                                                                            
                                                                                                                                
     An Act relating to unlawful and indecent viewing and                                                                       
     photography and to civil damages and penalties for that                                                                    
     viewing and photography.                                                                                                   
                                                                                                                                
Representative  Foster   MOVED  to  report  HB   125  out  of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
attached fiscal notes.  Representative Croft OBJECTED.                                                                          
                                                                                                                                
Representative Croft stressed  that a $5,000 fine to look out                                                                   
of window was not appropriate  and allowed for too broad of a                                                                   
net.   He stated  that it is  the job  of the Legislature  to                                                                   
write precise language in criminal  code.  He urged that more                                                                   
time  be  allowed  to address  the  proposed  language.    He                                                                   
emphasized that  vague language should not be  accompanied by                                                                   
a Letter of Intent to clarify it.                                                                                               
                                                                                                                                
Vice-Chair  Bunde pointed  out  that if  adults were  viewing                                                                   
pornography from their own homes,  they would not be charged.                                                                   
                                                                                                                                
Ms.  Henderson advised  that HB  125 was  an excellent  bill.                                                                   
She maintained  that everyone  deserves the right  to protect                                                                   
their  personal privacy.   Through  the  legislation, if  the                                                                   
right of privacy  were violated, then there would  be a civil                                                                   
avenue to address it.                                                                                                           
                                                                                                                                
Representative  Croft reiterated  his concerns.   There  is a                                                                   
category of  conduct that is  inappropriate in the  action of                                                                   
viewing, clothed  or unclothed.  Mr. Luckhaupt  stated if you                                                                   
could see  someone and the blinds  were open, that  would not                                                                   
be surreptitious  viewing.  It could be contained  within the                                                                   
use of  the term  or device.   He noted that  it was  not his                                                                   
intent that  the "view" would  be an expectation  of privacy.                                                                   
Someone who is not aware that  they are being viewed could be                                                                   
"surreptitiously" viewed.                                                                                                       
                                                                                                                                
Representative  Croft   referenced  Page  2,   Line  28,  the                                                                   
"private exposure".   He reiterated that  the "surreptitious"                                                                   
viewing is not clear language.   He reiterated that Section 1                                                                   
was fine, however, Section 2 was problematic.                                                                                   
                                                                                                                                
Representative  Croft WITHDREW his  OBJECTION and  noted that                                                                   
he would  work on an  amendment for the  House Floor.   There                                                                   
being NO further OBJECTIONS, the legislation was adopted.                                                                       
                                                                                                                                
CS   HB   125   (FIN)  was   adopted   with   a   "individual                                                                   
recommendations" and  with fiscal notes by  the #1-Department                                                                   
of Law dated 4/20/01, #2-the Alaska Court System dated                                                                          
4/20/01, and #3-Department of Administration dated 4/20/01.