Legislature(2003 - 2004)

05/12/2003 11:06 AM House RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
                 HOUSE RULES STANDING COMMITTEE                                                                               
                          May 12, 2003                                                                                          
                           11:06 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Norman Rokeberg, Chair                                                                                           
Representative Pete Kott                                                                                                        
Representative John Coghill                                                                                                     
Representative Lesil McGuire                                                                                                    
Representative Carl Morgan                                                                                                      
Representative Ethan Berkowitz                                                                                                  
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 22                                                                                                   
Relating to the USA PATRIOT Act and to defending the Bill of                                                                    
Rights, the Constitution of the State of Alaska, and civil                                                                      
liberties.                                                                                                                      
                                                                                                                                
     - MOVED CSHJR 22(RLS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HJR 22                                                                                                                  
SHORT TITLE:PATRIOT ACT AND DEFENDING CIVIL LIBERTIES                                                                           
SPONSOR(S): REPRESENTATIVE(S)GUTTENBERG                                                                                         
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
04/02/03     0737       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/02/03     0737       (H)        STA, JUD                                                                                     
04/07/03     0830       (H)        COSPONSOR(S): CRAWFORD                                                                       
04/23/03     1078       (H)        COSPONSOR(S): KERTTULA                                                                       
05/06/03     1345       (H)        STA RPT 3DP 3NR                                                                              
05/06/03     1345       (H)        DP: SEATON, GRUENBERG,                                                                       
                                   WEYHRAUCH;                                                                                   
05/06/03     1345       (H)        NR: HOLM, LYNN, DAHLSTROM                                                                    
05/06/03     1345       (H)        FN1: ZERO(LAW)                                                                               
05/06/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
05/06/03                (H)        Moved Out of Committee --                                                                    
                                   Recessed to 5:30 PM --                                                                       
                                   MINUTE(STA)                                                                                  
05/08/03     1479       (H)        FIRST COSPONSOR(S): COGHILL                                                                  
05/09/03     1522       (H)        COSPONSOR(S): HOLM, MCGUIRE                                                                  
05/09/03                (H)        JUD AT 1:00 PM CAPITOL 120                                                                   
05/09/03                (H)        Moved CSHJR 22(JUD) Out of                                                                   
                                   Committee Recessed to a call                                                                 
                                   of the Chair                                                                                 
                                   MINUTE(JUD)                                                                                  
05/10/03     1532       (H)        JUD RPT CS(JUD) NT 7DP                                                                       
05/10/03     1532       (H)        DP: SAMUELS, HOLM, GARA, OGG,                                                                
05/10/03     1532       (H)        GRUENBERG, ANDERSON, MCGUIRE                                                                 
05/10/03     1532       (H)        FN1: ZERO(LAW)                                                                               
05/12/03     1555       (H)        RLS RPT CS(RLS) NT 6DP 1NR                                                                   
05/12/03     1555       (H)        DP: MCGUIRE, BERKOWITZ, KOTT,                                                                
                                   COGHILL,                                                                                     
05/12/03     1555       (H)        MORGAN, KERTTULA; NR:                                                                        
                                   ROKEBERG                                                                                     
05/12/03     1556       (H)        FN1: ZERO(LAW)                                                                               
05/12/03     1576       (H)        RULES TO CALENDAR 5/12/2003                                                                  
05/12/03     1576       (H)        READ THE SECOND TIME                                                                         
05/12/03     1576       (H)        RLS CS ADOPTED UNAN CONSENT                                                                  
05/12/03     1576       (H)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
05/12/03     1577       (H)        READ THE THIRD TIME CSHJR
                                   22(RLS)                                                                                      
05/12/03     1577       (H)        PASSED Y32 N1 E 4 A3                                                                         
05/12/03     1580       (H)        COSPONSOR(S): OGG, SAMUELS,                                                                  
                                   GARA,                                                                                        
05/12/03     1580       (H)        GRUENBERG                                                                                    
05/12/03     1581       (H)        TRANSMITTED TO (S)                                                                           
05/12/03     1581       (H)        VERSION: CSHJR 22(RLS)                                                                       
05/12/03                (H)        RLS AT 10:45 AM FAHRENKAMP                                                                   
                                   203                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE DAVID GUTTENBERG                                                                                                 
Alaska State Legislature                                                                                                        
Capitol Building                                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of HJR 22.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-5, SIDE A                                                                                                             
Number 0001                                                                                                                     
                                                                                                                                
CHAIR NORMAN  ROKEBERG called the House  Rules Standing Committee                                                             
meeting  to  order  at  11:06  a.m.    Representatives  Rokeberg,                                                               
Coghill, McGuire, and  Morgan were present at the  call to order.                                                               
Representatives  Kott, Berkowitz,  and  Kerttula  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
HJR 22-PATRIOT ACT AND DEFENDING CIVIL LIBERTIES                                                                              
                                                                                                                                
CHAIR ROKEBERG  announced that the  only order of  business would                                                               
be HOUSE  JOINT RESOLUTION  NO. 22, Relating  to the  USA PATRIOT                                                               
Act and to defending the Bill  of Rights, the Constitution of the                                                               
State of Alaska, and civil liberties.                                                                                           
                                                                                                                                
Number 008                                                                                                                      
                                                                                                                                
REPRESENTATIVE  McGUIRE  moved to  adopt  CSHJR  22, Version  23-                                                               
LS0924\I, Cook,  5/12/03, as the  working document.   There being                                                               
no objection, Version I was before the committee.                                                                               
                                                                                                                                
Number 015                                                                                                                      
                                                                                                                                
REPRESENTATIVE DAVID GUTTENBERG,  Alaska State Legislature, spoke                                                               
as the sponsor  of HJR 22.  Representative  Guttenberg noted that                                                               
he  and   Representative  Coghill  have  been   working  on  this                                                               
resolution.  In the House  Judiciary Standing Committee there was                                                               
an  amendment that  resulted in  an unfortunate  language change.                                                               
Version I clarifies  the language change.   He directed attention                                                               
to page 2, line 29-page 3, line 6.                                                                                              
                                                                                                                                
REPRESENTATIVE  COGHILL directed  attention to  page 2,  line 31,                                                               
and  pointed  out  that  the  language  "unless  the  information                                                               
directly relates  to an investigation of  criminal activities and                                                               
there  are  reasonable grounds  to  suspect  the subject  of  the                                                               
information  is or  may be  involved in  criminal conduct".   The                                                               
aforementioned  was  really  what the  House  Judiciary  Standing                                                               
Committee  was attempting  to get  out.   Representative  Coghill                                                               
said that  the racial profiling  issue is  a sticky issue  and he                                                               
wanted to ensure that any  investigative activities would have to                                                               
be the result of the suspicion that it was part of the issue.                                                                   
                                                                                                                                
REPRESENTATIVE  GUTTENBERG,   in  response  to   Chair  Rokeberg,                                                               
specified that the  racial profiling section is a  rewrite of the                                                               
previous   version   regarding    when   it's   appropriate   and                                                               
inappropriate.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  COGHILL  pointed  out that  the  House  Judiciary                                                               
Standing Committee  attempted to [address racial  profiling] with                                                               
the  language  "without  compelling justification".    Version  I                                                               
clarifies  under what  justification  [racial  profiling] may  be                                                               
used.                                                                                                                           
                                                                                                                                
CHAIR ROKEBERG  noted that there  is an intellectual  debate with                                                               
regard to  the topic  of racial  profiling and  what it  means to                                                               
people and how law enforcement undertake it.                                                                                    
                                                                                                                                
Number 089                                                                                                                      
                                                                                                                                
REPRESENTATIVE BERKOWITZ related that it  seems that the title of                                                               
this legislation  could leave  out the reference  to the  Bill of                                                               
Rights  and  the  Constitution  of  the  State  of  Alaska.    He                                                               
specified  that  he   didn't  want  to  open  the   door  to  any                                                               
constitutional amendments.                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL  said that  it's his commitment  to ensure                                                               
that this resolution moves forward as  it is, and if any mischief                                                               
occurs, "we will throw the anchor on it."                                                                                       
                                                                                                                                
REPRESENTATIVE BERKOWITZ  remarked that  Representative Coghill's                                                               
commitment is good enough for him.                                                                                              
                                                                                                                                
CHAIR ROKEBERG  informed the committee that  the committee packet                                                               
includes a  document from Jennifer Rudinger,  Executive Director,                                                               
Alaska Civil Liberties Union.                                                                                                   
                                                                                                                                
Number 117                                                                                                                      
                                                                                                                                
REPRESENTATIVE  McGUIRE moved  to  report CSHJR  22, Version  23-                                                               
LS0924\I,  Cook,  5/12/03,  out   of  committee  with  individual                                                               
recommendations and  the accompanying  zero fiscal notes.   There                                                               
being no  objection, CSHJR  22(RLS) was  reported from  the House                                                               
Rules Standing Committee.                                                                                                       
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Rules Standing Committee meeting was adjourned at 11:12 a.m.                                                                    
                                                                                                                                

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