Legislature(2023 - 2024)BARNES 124
03/19/2024 01:00 PM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB386 | |
| Presentation(s): Innovations in Autonomous and Unscrewed Systems | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 386-OBSTRUCTION OF PUBLIC PLACES; TRESPASSING
1:02:09 PM
CHAIR MCCABE announced that the first order of business would be
HOUSE BILL NO. 386, "An Act relating to the obstruction of
airports and runways; relating to the obstruction of highways;
establishing the crime of obstruction of free passage in public
places; relating to the obstruction of public places; relating
to the crime of trespassing; relating to the obstruction of
navigable waters; and providing for an effective date."
1:02:45 PM
CHAIR MCCABE opened public testimony on HB 386.
1:04:05 PM
The committee took a brief at-ease at 1:04 p.m.
1:04:47 PM
[Due to technical difficulties, the first moments of Mr.
Garvey's testimony were not captured on the recording but were
sourced from the secretary's log notes.]
MICHAEL GARVEY, Advocacy Director, American Civil Liberties
Union (ACLU), testified in opposition to HB 386. He spoke to
those who were punished when trying to exercise their rights.
He said that when the state regulates speech and expression, it
must do so in a narrowly tailored way to set aside the
compelling government interest, and he opined that the bill was
too broad in its rationale to clear that bar. Government should
look for ways to strengthen citizens' ability to exercise their
rights and not scare people into silence, he stated.
1:06:20 PM
MICHAEL PATTERSON, Organizer, Party for Socialism and
Liberation, stated that he and his organization, the Party for
Socialism and Liberation (PSL), stood in opposition to HB 386.
He said his organization engages in First Amendment protected
speech and activities and opined that the bill is vague and
tries to tell Alaskans that they cannot organize and protest.
He said the bill is a waste of time, and he shared his
background as a veteran and a Muslim. He reiterated that he and
PSL are in stark opposition to the bill and asked the committee
to stop wasting time with "these types of bills."
1:08:39 PM
JESSIE SAIKI, representing self, testified in opposition to HB
386. She said the bill would attempt to scare empowered
Alaskans into silence. The bill would clearly violate First
Amendment rights, she said, and she urged the committee to stop
the bill from advancing and to protect citizens' freedom of
speech and constitutional rights.
1:09:40 PM
CAROLINA SAAVEDRA, representing self, testified in opposition to
HB 386. She said the bill would be detrimental to freedom of
speech and freedom of assembly. She encouraged the committee to
vote no on HB 386.
1:12:15 PM
JOSH SMITH, representing self, testified in opposition to HB
386. He shared that he is a U.S. Air Force veteran and grew up
in a family of veterans; therefore, respect for the Constitution
was always prevalent in the home. The First Amendment was
written so people could express needs, he said, and he found HB
386 "deeply problematic" because it would trample First
Amendment rights. He suggested to leave the right to peacefully
assemble and speak in public spaces alone.
1:13:25 PM
PHIL MOSER, representing self, testified in opposition to HB
386. He said that protests and First Amendment rights are not
always easy or comfortable, but they exist because citizens are
not being represented properly. He referred to "Bloody Sunday,"
the wait for permits to protest, and the aftermath that
occurred. He reiterated that he strongly opposed HB 386.
1:16:02 PM
MONICA WHITMAN, representing self, testified in opposition to HB
386. She stated that the bill would intimidate people, and the
governor is attempting to prevent people from protesting, which
is a First Amendment right. She related that she had been to
protests in Anchorage, and for the most part, they were
peaceful. To make it a "felony" to protest and have
restrictions felt like an overreach, she opined, and she
encouraged the committee to oppose the bill.
1:17:04 PM
CYNTHIA CACHUPIN, Party for Socialism and Liberation, testified
in opposition to HB 386. She stated that she felt the bill was
unnecessary and went against the Constitution and freedom of
speech. As an organizer, she said there had not been any issues
with protesters rioting or causing any destruction of any kind,
and she opined that it is a false narrative to imply that these
protests are causing real destruction. She added there are only
a few minutes where protesters may be in anyone's way. She
offered her belief that the governor does not care about the
Constitution.
1:18:47 PM
MENEKA THIRU, representing self, testified in opposition to HB
386. She said she agreed with previous callers and added that
she believed the bill went against her First Amendment rights,
and that citizens' fundamental rights should be protected. She
asked the committee to stop the bill from advancing, as it would
infringe on the rights of Alaskans to make their voices heard.
1:19:49 PM
MORGAN LIM, Planned Parenthood Alliance Advocates, testified in
opposition to HB 386. He stated the bill would criminalize
Alaskans who exercise their freedom of speech and assembly. He
opined that the language related vague and overly broad laws
which could be applied selectively. There is no way for the
state to neutrally apply the bill, he said, and it raised more
questions than answers about what conduct could be permissible.
He offered his belief that the proposed legislation did not make
citizens safer or address a current problem for people
protesting but was a government overreach. He urged the
committee to oppose HB 386.
1:21:23 PM
CHAIR MCCABE, after ascertaining no one else wished to testify,
closed public testimony on HB 386.
[HB 386 was held over.]
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