02/19/2002 01:37 PM House TRA
| Audio | Topic | 
|---|
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
            HOUSE TRANSPORTATION STANDING COMMITTEE                                                                           
                       February 19, 2002                                                                                        
                           1:37 p.m.                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Vic Kohring, Chair                                                                                               
Representative Beverly Masek, Vice Chair                                                                                        
Representative Scott Ogan                                                                                                       
Representative Drew Scalzi                                                                                                      
Representative Peggy Wilson                                                                                                     
Representative Mary Kapsner                                                                                                     
Representative Albert Kookesh                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 374                                                                                                              
"An Act naming the David Douthit Veterans' Memorial Bridge."                                                                    
                                                                                                                                
     - MOVED HB 374 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 369                                                                                                              
"An Act naming bridge number 1121, across the Knik River, the                                                                   
Sergeant James Bondsteel Bridge of Honor; and providing for an                                                                  
effective date."                                                                                                                
                                                                                                                                
     - MOVED HB 369 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 350                                                                                                              
"An Act relating to criminal mischief and terroristic                                                                           
threatening."                                                                                                                   
                                                                                                                                
     - MOVED CS for HB 350(TRA)  OUT OF COMMITTEE                                                                               
                                                                                                                                
HOUSE BILL NO. 405                                                                                                              
"An Act relating to the prosecution of criminal offenses                                                                        
committed on or against ferries and other watercraft owned or                                                                   
operated by the state; and providing for an effective date."                                                                    
                                                                                                                                
     - MOVED HB 405 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 374                                                                                                                  
SHORT TITLE:NAMING DOUTHIT VETERANS' MEMORIAL BRIDGE                                                                            
SPONSOR(S): REPRESENTATIVE(S)LANCASTER                                                                                          
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/01/02     2121       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/01/02     2121       (H)        TRA                                                                                          
02/01/02     2121       (H)        REFERRED TO TRANSPORTATION                                                                   
02/19/02                (H)        TRA RPT RECD AWAIT                                                                           
                                   TRANSMITTAL NXT                                                                              
02/19/02                (H)        TRA AT 1:15 PM CAPITOL 17                                                                    
                                                                                                                                
BILL: HB 369                                                                                                                  
SHORT TITLE:NAMING BONDSTEEL BRIDGE OF HONOR                                                                                    
SPONSOR(S): RLS BY REQUEST OF THE GOVERNOR                                                                                      
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/01/02     2116       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/01/02     2116       (H)        TRA                                                                                          
02/01/02     2116       (H)        FN1: ZERO(DOT)                                                                               
02/01/02     2116       (H)        GOVERNOR'S TRANSMITTAL LETTER                                                                
02/01/02     2116       (H)        REFERRED   TO   TRANSPORTATION                                                               
02/19/02                (H)        TRA RPT RECD AWAIT                                                                           
                                   TRANSMITTAL NXT                                                                              
02/19/02                (H)        TRA AT 1:15 PM CAPITOL 17                                                                    
                                                                                                                                
BILL: HB 350                                                                                                                  
SHORT TITLE:TERRORISTIC THREATS                                                                                                 
SPONSOR(S): REPRESENTATIVE(S)MCGUIRE                                                                                            
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
01/23/02     2040       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
01/23/02     2040       (H)        TRA, JUD                                                                                     
02/19/02                (H)        TRA AT 1:15 PM CAPITOL 17                                                                    
                                                                                                                                
BILL: HB 405                                                                                                                  
SHORT TITLE:CRIMES COMMITTED ON STATE WATERCRAFT                                                                                
SPONSOR(S): REPRESENTATIVE(S)MEYER                                                                                              
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/11/02     2206       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/11/02     2206       (H)        JUD                                                                                          
02/11/02     2207       (H)        TRA REFERRAL ADDED BEFORE JUD                                                                
02/13/02     2258       (H)        COSPONSOR(S): DYSON                                                                          
02/19/02                (H)        TRA AT 1:15 PM CAPITOL 17                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
REPRESENTATIVE KEN LANCASTER                                                                                                    
Alaska State Legislature                                                                                                        
Capitol Building, Room 421                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Sponsor of HB 374.                                                                                         
                                                                                                                                
NITA DOUTHIT                                                                                                                    
36975 Hakala                                                                                                                    
Soldotna, Alaska  99669                                                                                                         
POSITION STATEMENT:   Testified as the mother of David Douthit                                                                  
on HB 374.                                                                                                                      
                                                                                                                                
TOM BOEDEKER, City Manager                                                                                                      
City of Soldotna                                                                                                                
177 North Birch Street                                                                                                          
Soldotna, Alaska  99669                                                                                                         
POSITION STATEMENT:  Testified in support of HB 374.                                                                            
                                                                                                                                
DENNIS POSHARD, Legislative Liaison                                                                                             
Office of the Commissioner                                                                                                      
Department of Transportation & Public Facilities                                                                                
3132 Channel Drive                                                                                                              
Juneau, Alaska  9981-7898                                                                                                       
POSITION STATEMENT:   Testified in favor of HB 374 on behalf of                                                                 
the department.                                                                                                                 
                                                                                                                                
LADDIE SHAW, Director                                                                                                           
Veterans Affairs                                                                                                                
Department of Military & Veterans' Affairs                                                                                      
P.O. Box 5800                                                                                                                   
Fort Richardson, Alaska  99505-0800                                                                                             
POSITION STATEMENT:   Testified in favor of HB 369 on behalf of                                                                 
the department.                                                                                                                 
                                                                                                                                
REPRESENTATIVE LESIL McGUIRE                                                                                                    
Alaska State Legislature                                                                                                        
Capitol Building, Room 418                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Sponsor of HB 350.                                                                                         
                                                                                                                                
LINDA WILSON, Deputy Director                                                                                                   
Public Defender Agency                                                                                                          
Department of Administration                                                                                                    
900 West 5th Avenue, Suite 200                                                                                                  
Anchorage, Alaska  99501-2090                                                                                                   
POSITION STATEMENT:   Testified  on HB 350that Version F corrects                                                               
her concerns about the broadness  of the bill; testified that the                                                               
agency neither supports nor recommends HB 405.                                                                                  
                                                                                                                                
REPRESENTATIVE KEVIN MEYER                                                                                                      
Alaska State Legislature                                                                                                        
Capitol Building, Room 110                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Sponsor of HB 405.                                                                                         
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section (Juneau)                                                                                                 
Criminal Division                                                                                                               
Department of Law                                                                                                               
P.O. Box 110300                                                                                                                 
Juneau, Alaska  99811-0300                                                                                                      
POSITION STATEMENT:    Testified  on behalf of the  department on                                                               
HB 405.                                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-2, SIDE A                                                                                                               
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN  VIC KOHRING  called the  House Transportation  Standing                                                               
Committee  meeting  to order  at  1:37  p.m.   Committee  members                                                               
present  at  the  call  to  order  were  Representatives  Scalzi,                                                               
Wilson, and  Kohring.  Representatives Ogan,  Masek, Kapsner, and                                                               
Kookesh joined the meeting as it was in progress.                                                                               
                                                                                                                                
HB 374-NAMING DOUTHIT VETERANS' MEMORIAL BRIDGE                                                                               
                                                                                                                                
CHAIRMAN  KOHRING  announced that  the  first  matter before  the                                                               
committee  was HOUSE  BILL  NO.  374, "An  Act  naming the  David                                                               
Douthit Veterans' Memorial Bridge."                                                                                             
                                                                                                                                
Number 014                                                                                                                      
                                                                                                                                
REPRESENTATIVE KEN  LANCASTER, Alaska State  Legislature, sponsor                                                               
of  HB 374,  said that  the Soldotna  City Council  asked him  to                                                               
bring  HB   374  forward  and   characterized  it  as   a  fairly                                                               
straightforward bill.   He  said the bill  would name  the bridge                                                               
over  the   Kenai  River  the  David   Douthit  Memorial  Bridge.                                                               
Representative Lancaster said that  the bill was widely supported                                                               
by the  community of Soldotna  and within the  military community                                                               
throughout the state.                                                                                                           
                                                                                                                                
REPRESENTATIVE LANCASTER  told the  committee that  David Douthit                                                               
grew up  in Soldotna next  door to him.   Mr. Douthit  was killed                                                               
February 27,  1991.  Mr.  Douthit served  as a staff  sergeant in                                                               
the U.S. Army, and he was  the only Alaskan killed in the Persian                                                               
Gulf War.   His wife Jesse, young daughter  Rebecca, parents, and                                                               
brothers and sisters.                                                                                                           
                                                                                                                                
Number 037                                                                                                                      
                                                                                                                                
REPRESENTATIVE WILSON asked  if there were plans to  put names on                                                               
the bridge.                                                                                                                     
                                                                                                                                
REPRESENTATIVE LANCASTER said that to his knowledge, it was not.                                                                
                                                                                                                                
Number 070                                                                                                                      
                                                                                                                                
NITA   DOUTHIT,   mother   of  David   Douthit,   testified   via                                                               
teleconference.   She  said the  Douthit family  wanted to  thank                                                               
Representative Lancaster for sponsoring  the bill, and she called                                                               
him  a good  family  friend.   She  said  Mr. Douthit's  daughter                                                               
Rebecca  would  be honored  by  the  bridge  being named  in  his                                                               
memory.   She said it  would honor  all veterans, as  David would                                                               
have approved.   She thanked the committee  for its consideration                                                               
and the time spent on the matter.                                                                                               
                                                                                                                                
CHAIRMAN KOHRING  said it  was an honor  to have  the legislation                                                               
before  the committee,  and he  expressed his  gratitude for  Mr.                                                               
Douthit's service to the country.                                                                                               
                                                                                                                                
Number 090                                                                                                                      
                                                                                                                                
TOM  BOEDEKER,  City Manager,  City  of  Soldotna, testified  via                                                               
teleconference.  He expressed the  city's wholehearted support of                                                               
the bill.  He thanked the committee for its action.                                                                             
                                                                                                                                
Number 102                                                                                                                      
                                                                                                                                
REPRESENTATIVE SCALZI  moved to  report HB  374 out  of committee                                                               
with individual recommendations and zero fiscal notes.                                                                          
                                                                                                                                
CHAIRMAN KOHRING  asked if there would  be signage put up  on the                                                               
bridge.                                                                                                                         
                                                                                                                                
Number 105                                                                                                                      
                                                                                                                                
DENNIS POSHARD, Legislative Liaison,  Office of the Commissioner,                                                               
Department  of  Transportation  &  Public  Facilities,  testified                                                               
before the  committee.   He said that  the department  intends to                                                               
put a sign on either end of the bridge with the new name.                                                                       
                                                                                                                                
Number 120                                                                                                                      
                                                                                                                                
CHAIRMAN KOHRING asked  if there was any objection  to moving the                                                               
bill.   There being  no objection,  HB 374 was  moved out  of the                                                               
House Transportation Standing Committee.                                                                                        
                                                                                                                                
REPRESENTATIVE  OGAN said  that to  his knowledge,  there was  no                                                               
sign on  a bridge that he  had brought forth legislation  to name                                                               
[in a previous year].                                                                                                           
                                                                                                                                
HB 369-NAMING BONDSTEEL BRIDGE OF HONOR                                                                                     
                                                                                                                                
CHAIRMAN KOHRING  said the next  matter before the  committee was                                                               
HOUSE BILL  NO. 369,  "An Act naming  bridge number  1121, across                                                               
the Knik  River, the  Sergeant James  Bondsteel Bridge  of Honor;                                                               
and providing for an effective date."   He said that the bill has                                                               
been brought by request of the governor.                                                                                        
                                                                                                                                
Number 144                                                                                                                      
                                                                                                                                
LADDIE SHAW,  Director, Veterans Affairs, Department  of Military                                                               
&  Veterans Affairs  (DMVA), testified  via  teleconference.   He                                                               
said  the department  appreciates the  bill.   He said  there are                                                               
about 68,000  veterans in the state,  and that it is  nice to see                                                               
there is  legislation honoring veterans.   He told  the committee                                                               
that the department would like to  see the bridge named after Mr.                                                               
Bondsteel.                                                                                                                      
                                                                                                                                
Number 170                                                                                                                      
                                                                                                                                
REPRESENTATIVE MASEK  thanked Laddie Shaw, Carol  Carrol, General                                                               
Oates [all  of the DMVA], and  the governor for putting  the bill                                                               
forward.   She said it  would be a great  thing for the  state to                                                               
honor Mr. Bondsteel  since he was a Congressional  Medal of Honor                                                               
winner.   She said it was  a well-deserved request, and  that she                                                               
was putting her whole support behind its passage.                                                                               
                                                                                                                                
Number 183                                                                                                                      
                                                                                                                                
REPRESENTATIVE MASEK made a motion  to move HB 369 from committee                                                               
with  individual  recommendations  and  zero  fiscal  notes  with                                                               
unanimous consent.   There being no objections, HB  369 was moved                                                               
out of the House Transportation Standing Committee.                                                                             
                                                                                                                                
HB 350-TERRORISTIC  THREATS                                                                                                 
                                                                                                                                
CHAIRMAN  KOHRING  announced  that  the next  matter  before  the                                                               
committee  would be  HOUSE  BILL  NO. 350,  "An  Act relating  to                                                               
terroristic threatening."   [In committee packets  was a proposed                                                               
committee substitute (CS), Version F.]                                                                                          
                                                                                                                                
Number 197                                                                                                                      
                                                                                                                                
REPRESENTATIVE LESIL  McGUIRE, Alaska State  Legislature, sponsor                                                               
of HB  350, testified before  the committee.   She said  that the                                                               
bill  is the  result of  an incident  in the  Sitka airport.   An                                                               
individual  was frustrated  over his  bags' being  searched.   He                                                               
made  a verbal  threat to  an  Alaska Airlines  employee that  he                                                               
would  return to  the  airport as  an  assassin.   Representative                                                               
McGuire  said it  was her  understanding that  the witnesses  who                                                               
testified  to  what  occurred  said  it  was  a  frightening  and                                                               
disruptive  situation.   Representative McGuire  said it  did not                                                               
cause an evacuation or bodily  harm, but she expressed her belief                                                               
that situations like this will become  more common as a result of                                                               
the terrorist  attacks of September 11,  2001.  She said  she had                                                               
looked at  the statutes pertaining to  terroristic threatening to                                                               
make sure  that prosecutors had  "all of the tools  available" to                                                               
prosecutors.    She  said  upon  looking  at  the  statutes,  she                                                               
discovered those  dealing with  terroristic threatening  could be                                                               
strengthened.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  McGUIRE   said  that   the  case  ended   in  the                                                               
individual "walking  away" without state or  federal prosecution.                                                               
She said one of the reasons  was a question of jurisdiction.  The                                                               
federal government did  not prosecute because the  threat was not                                                               
made by  telephone or on the  plane itself.  The  State of Alaska                                                               
decided not to prosecute the  individual.  Representative McGuire                                                               
said that  decision was a controversial  one.  She said  that the                                                               
prosecution had "tools available"  such as fourth degree assault.                                                               
Representative McGuire  said she  would like this  legislation to                                                               
make it  painfully clear  that life  has changed  since September                                                               
11.  She said  air travel has become a very  serious matter.  She                                                               
said her  intent is to "add  some tools to the  prosecutor's tool                                                               
belt."                                                                                                                          
                                                                                                                                
Number 254                                                                                                                      
                                                                                                                                
REPRESENTATIVE  McGUIRE  said she  was  aware  that some  of  the                                                               
committee  members were  uncomfortable with  the language  in the                                                               
original House bill.  She  referred to [paragraph] (2), beginning                                                               
on line 15.  She said it stated that:                                                                                           
                                                                                                                                
     A   person  would   commit  a   crime  of   terroristic                                                                    
     threatening  if  they  knowingly  threatened  a  person                                                                    
     actually engaged  in providing  transportation services                                                                    
     or  transportation  [support]  services  with  physical                                                                    
     injury,  regardless  of  whether  the  person  had  the                                                                    
     ability to  carry out the  threat or intended  to carry                                                                    
     out the  threat, and [the person]  threatened [actually                                                                    
     was] placed in fear of physical injury.                                                                                    
                                                                                                                                
She said it  was not her intent to debate  that deletion, but she                                                               
wished  to  explain  what  her thought  was  in  introducing  the                                                               
language.   She offered the  "fire in a crowded  theatre" analogy                                                               
from law  school.  She  said in  the analogy the  individual does                                                               
not have matches, but the  harm is evident immediately because of                                                               
the fear  instilled in the people  in the theatre.   She said she                                                               
wanted  to capture  the notion  because of  the possibility  of a                                                               
similar situation in  an airport due to the  terrorist attacks of                                                               
September 11.  She said after  September 11, a claim to return as                                                               
an  assassin, or  the assertion  of  one's having  a bomb,  would                                                               
cause  panic and  fear.    She wanted  the  bill  to make  people                                                               
realize  that there  are consequences  to the  words people  use.                                                               
She said she was willing to accept the proposed (CS).                                                                           
                                                                                                                                
CHAIRMAN KOHRING asked if there was a motion to adopt the CS.                                                                   
                                                                                                                                
Number 292                                                                                                                      
                                                                                                                                
REPRESENTATIVE KOOKESH asked if Chairman  Kohring was the one who                                                               
had proposed the CS.                                                                                                            
                                                                                                                                
CHAIRMAN  KOHRING said  that it  was initiated  by him,  and said                                                               
that his  aide had gone  around to  as many committee  members as                                                               
possible  to  see  if  there  was a  concurrence  on  making  the                                                               
modifications.                                                                                                                  
                                                                                                                                
REPRESENTATIVE McGUIRE  told Representative Kookesh that  she was                                                               
comfortable with the language and  said she would be working with                                                               
the Department  of Law,  as well  as Representative  Rokeberg, to                                                               
pursue the same idea without the language being so broad.                                                                       
                                                                                                                                
Number 301                                                                                                                      
                                                                                                                                
REPRESENTATIVE  OGAN asked  if the  "fire in  a crowded  theatre"                                                               
analogy was a First Amendment issue or an assault issue.                                                                        
                                                                                                                                
REPRESENTATIVE McGUIRE said it was an assault issue.                                                                            
                                                                                                                                
REPRESENTATIVE OGAN  asked why  the person  was not  charged with                                                               
and  prosecuted for  fourth degree  assault.   He said  an action                                                               
that  puts someone  in fear  of  physical harm  is fourth  degree                                                               
assault.   He  said unless  the person  was not  taken seriously,                                                               
there were clearly grounds to charge and prosecute.                                                                             
                                                                                                                                
REPRESENTATIVE McGUIRE  said she could  not know the mind  of the                                                               
particular  prosecutor,  but  said  she understood  there  was  a                                                               
jurisdictional issue,  and perhaps a  political issue.   She said                                                               
that there was a question of  whether the person fit the elements                                                               
of  the crime.   The  ultimate  decision rested  on the  person's                                                               
inability  to meet  the  elements of  the crime.    She said  the                                                               
district  attorney  characterized the  incident  as  one of  poor                                                               
taste  and bad  judgment.   Representative McGuire  expressed her                                                               
belief that it was more than that.   She said that she would have                                                               
prosecuted the case.                                                                                                            
                                                                                                                                
Number 336                                                                                                                      
                                                                                                                                
REPRESENTATIVE  SCALZI moved  to adopt  the proposed  CS, version                                                               
22-LS1300\F,  Luckhaupt,  2/13/02.   There  being  no  objection,                                                               
Version F was before the committee as the working document.                                                                     
                                                                                                                                
REPRESENTATIVE OGAN surmised  that this crime would be  a class C                                                               
felony.  He said that  the House Judiciary Standing Committee had                                                               
been  looking  at several  bills  relating  to classification  as                                                               
felonies.   He said the results  of being a convicted  felon were                                                               
serious, such as the loss of the right  to vote or own a gun.  He                                                               
asked if  a felony  conviction would be  appropriate when  no one                                                               
was caused fear by what amounted to an idle threat.                                                                             
                                                                                                                                
REPRESENTATIVE OGAN  then raised the  issue of someone  using bad                                                               
judgment  by going  through security,  forgetting something,  and                                                               
bolting   back  through   security   in   the  other   direction.                                                               
Representative Ogan  asked if  in this  scenario, would  the fact                                                               
that a whole  wing of an airport  had to be shut  down would make                                                               
the individual  a felon.   He asked  how that  theoretical person                                                               
would be affected by the bill.                                                                                                  
                                                                                                                                
Number 367                                                                                                                      
                                                                                                                                
REPRESENTATIVE McGUIRE  said that under  Version F, the  crime of                                                               
terroristic threatening  already exists  as a  class c  felony in                                                               
statute.  She said Version F  adds "public area", "mode of public                                                               
transportation",  "disruption  of  the   schedule  of  an  entity                                                               
providing   transportation   services",   and  threats   to   oil                                                               
transportation,  water, and  sewer facilities.   She  said it  is                                                               
considered  more  serious  because  the  potential  for  harm  is                                                               
greater.   She  expressed her  belief that  it is  appropriate to                                                               
place  the threat  of public  facilities  within the  realm of  a                                                               
class C felony.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  McGUIRE  addressed Representative  Ogan's  second                                                               
point.  She  said that the scenario of the  person returning back                                                               
through security  would be a  question for the prosecution.   The                                                               
prosecution would "have  that tool in their tool  belt" and would                                                               
have to  argue the elements  of the crime.   She said  that times                                                               
had   changed  since   September  11.     She   said  terroristic                                                               
threatening is already a class C felony.                                                                                        
                                                                                                                                
Number 410                                                                                                                      
                                                                                                                                
REPRESENTATIVE SCALZI  drew the  inference that  since this  is a                                                               
subjective law,  if the  bill were  passed, the  prosecutor could                                                               
take the same  action as was taken  in the Sitka case  and say it                                                               
was  bad judgment.   He  asked  if they  could not  use the  same                                                               
subjectivity under Version F.                                                                                                   
                                                                                                                                
REPRESENTATIVE McGUIRE said under  Version F, the Sitka situation                                                               
would  not even  be  addressed.   She  said all  it  adds to  the                                                               
existing terroristic threatening  law is if it  concerns a public                                                               
area  as  well as  a  regular  building;  if  the schedule  of  a                                                               
transportation-providing  entity is  disrupted;  or  there is  an                                                               
assertion that  a false threat exists  or is about to  exist that                                                               
is dangerous to an oil  or gas pipeline [or] supporting facility,                                                               
utility, or water  pipe.  She said the committee  chose to remove                                                               
the language  that would have  included the incident in  Sitka in                                                               
terroristic threatening.                                                                                                        
                                                                                                                                
REPRESENTATIVE  SCALZI   said  he  does  not   like  "hate  crime                                                               
legislation."    He said  that  the  prosecution could  make  the                                                               
determination of  whether someone is a  threat or not.   He asked                                                               
if  either the  proposed CS  or the  original bill  would make  a                                                               
difference  in  whether or  not  the  prosecution would  have  to                                                               
proceed.                                                                                                                        
                                                                                                                                
REPRESENTATIVE McGUIRE  said that the prosecution  would not have                                                               
to proceed  under the new  legislation.  The elements  would have                                                               
to be proven just the same.                                                                                                     
                                                                                                                                
Number 444                                                                                                                      
                                                                                                                                
LINDA   WILSON,   Deputy   Director,  Public   Defender   Agency,                                                               
Department of Administration, testified  via teleconference.  She                                                               
said that her comments were initially  to address what she saw as                                                               
the broadness  of the language  in the  original bill.   She said                                                               
that Version F corrects that.                                                                                                   
                                                                                                                                
REPRESENTATIVE MASEK asked  if she would be detained  if she were                                                               
talking about a  bomb or spoke about  a bomb in an  airport.  She                                                               
asked  if she  would  have to  say  she was  going  to "blow  the                                                               
airport up"  to be detained.   She  asked for a  clarification of                                                               
the "fine line."                                                                                                                
                                                                                                                                
REPRESENTATIVE  McGUIRE referred  to [page  2, beginning  at line                                                               
8].  She said that the  person must knowingly make a false report                                                               
of  a  circumstance  that  disrupts the  schedule  of  an  entity                                                               
providing  transportation services  for persons  or property,  or                                                               
causes an evacuation.  She  said that under the current statutes,                                                               
one could already be convicted  of terroristic threatening if one                                                               
caused  the evacuation  of "the  building itself."   All  that is                                                               
added  to  the  language  is,  "public area  or  mode  of  public                                                               
transportation",  and onto  the false-report  language, "disrupts                                                               
the schedule of an entity providing transportation".                                                                            
                                                                                                                                
REPRESENTATIVE McGUIRE said "it is  like any other crime":  there                                                               
is a mental  state and the actual fact of  whether a false report                                                               
was  made, and  public defenders  would probably  argue something                                                               
different than the prosecution.                                                                                                 
                                                                                                                                
Number 478                                                                                                                      
                                                                                                                                
REPRESENTATIVE MASEK asked what would  happen if she were to just                                                               
talk about a bomb at an airport.                                                                                                
                                                                                                                                
REPRESENTATIVE McGUIRE  said that  the prosecution would  have to                                                               
assess, via witnesses or security  cameras, whether an individual                                                               
knowingly made a  threat or not.  They would  then have to assess                                                               
if  the report  was false,  and then  there would  have to  be an                                                               
action  such as  an  evacuation.   She  said  there were  several                                                               
checks and  balances in Version F.   She said the  language being                                                               
removed  from the  original bill  has made  the new  version very                                                               
tight  and  specific.   Representative    McGuire  expressed  her                                                               
belief that  sitting in  an airport chatting  about a  bomb would                                                               
not rise to the level of terroristic threatening.                                                                               
                                                                                                                                
REPRESENTATIVE  OGAN  said  he   shared  some  of  Representative                                                               
Masek's  concerns.   He  gave  the  example  of a  child  running                                                               
through  airport security  to see  his father.   He  said someone                                                               
might "hit the  panic button" and shut down the  whole wing of an                                                               
airport in  such a  case.   He said that  some things  happen and                                                               
people are not always intending  to be terroristic.  He expressed                                                               
his concern that "somebody is  going to slip through the cracks."                                                               
He paraphrased  Benjamin Franklin, saying; "Those  who compromise                                                               
their  liberty to  gain security  deserve neither."   He  said he                                                               
supports  Representative McGuire's  intention in  the legislation                                                               
but expressed  concern about the potential  for dire consequences                                                               
and misunderstandings.                                                                                                          
                                                                                                                                
REPRESENTATIVE  McGUIRE said  she empathized  with Representative                                                               
Ogan's  concerns, but  as with  any crime,  the elements  must be                                                               
proven.   She made  clear that it  would not be  as simple  as an                                                               
evacuation   being  caused,   and  someone   automatically  being                                                               
convicted  of a  class C  felony.   Once again,  she said  that a                                                               
mental state  must be  met for  the crime to  be committed.   She                                                               
said this would prevent Representative  Ogan's example from being                                                               
an example of terroristic threatening.   She said the language is                                                               
narrow, and a mere accident would not lead to a class C felony.                                                                 
                                                                                                                                
REPRESENTATIVE  OGAN thanked  Representative McGuire  for putting                                                               
it  on the  record so  that people  defending those  charged with                                                               
terroristic threatening  can research the  bill in the  future if                                                               
need  be.   He asked  what  the lesser-included  offense for  the                                                               
crime would be.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  McGUIRE said  she did  not  know.   She said  the                                                               
lesser-included offense  is another "way  out."  She said  if the                                                               
elements  of the  case are  not  met, they  are not  met.   After                                                               
Representative  Wilson  expressed  confusion about  some  of  her                                                               
references to  Version F,  Representative McGuire  explained that                                                               
the confusion  was the  result of her  having a  written addendum                                                               
instead of  the new  draft.   She said  that the  only difference                                                               
between her  draft and  those held by  the committee  members was                                                               
line 20.  She said "when  referencing Section 2 on your draft, it                                                               
is lines 18 through 21."                                                                                                        
                                                                                                                                
CHAIRMAN KOHRING voiced  his concern that there may  already be a                                                               
law  adopted at  the federal  level that  would address  the same                                                               
issues as Version F.                                                                                                            
                                                                                                                                
Representative McGUIRE  said she did  not know if there  was, but                                                               
added  that  it did  not  matter  because of  the  jurisdictional                                                               
issue.   She said there  is a fine  line between the  federal and                                                               
state jurisdiction.   She said that this bill aims  at shoring up                                                               
holes  in the  federal jurisdiction  that require  threats to  be                                                               
either made via  a telephone or on an airplane.   She followed up                                                               
on  Representative  Ogan's  question  about  the  lesser-included                                                               
offense.  She said that it would be a class A misdemeanor.                                                                      
                                                                                                                                
Number 590                                                                                                                      
                                                                                                                                
CHAIRMAN  KOHRING  said that  it  would  be prudent  to  exercise                                                               
restraint  in the  process of  improving  security.   He said  he                                                               
shared  Representative Ogan's  concern of  prosecuting those  who                                                               
did  not intend  to commit  a  serious crime.   He  said he  also                                                               
understood  Representative McGuire's  position that  there are  a                                                               
lot of "hoops" to "jump through."                                                                                               
                                                                                                                                
TAPE 02-2, SIDE B                                                                                                               
                                                                                                                                
Number 593                                                                                                                      
                                                                                                                                
CHAIRMAN KOHRING said  that it is a fine line  between safety and                                                               
freedom.                                                                                                                        
                                                                                                                                
REPRESENTATIVE McGUIRE  said she  agreed, and said  it is  a good                                                               
thing to  acknowledge that  line.  She  said she  appreciates the                                                               
comments of  everyone on the committee.   She said it  is the job                                                               
of  policymakers   to  be   aware  of   the  fine   line  between                                                               
overprotection  and freedom.   She  expressed her  hope that  the                                                               
bill is a good "middle ground."                                                                                                 
                                                                                                                                
Number 582                                                                                                                      
                                                                                                                                
REPRESENTATIVE  KOOKESH said  that the  legislation is  good, but                                                               
added that what  leads to people making remarks that  are "out of                                                               
line" is the frustration of passengers.   He said that he did not                                                               
want to see people punished for  frustration.  He said he travels                                                               
frequently and  that he  could understand  why the  individual in                                                               
Sitka was  frustrated with his  luggage being  lost.  He  said he                                                               
identified with Representative  Ogan, and that he  wanted to make                                                               
sure  that there  is  some discretion  in  determining whether  a                                                               
particular  activity  is terroristic  threatening,  or  if it  is                                                               
frustration.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  McGUIRE  agreed   with  Representative  Kookesh's                                                               
concerns, but  said it was  important to remember that  as policy                                                               
makers, [legislators]  are in the  business of  protecting public                                                               
transportation.   She  listed some  of the  resources and  public                                                               
facilities that  must protected,  and said  the bill  was broader                                                               
than just applying to airports.   Representative McGuire said the                                                               
bill  is making  the  statement that  Alaska's public  facilities                                                               
deserve protection.                                                                                                             
                                                                                                                                
Number 549                                                                                                                      
                                                                                                                                
REPRESENTATIVE WILSON said  that some of the  issues that members                                                               
were concerned and  frustrated with in Version F,  would be taken                                                               
care of in the House Judiciary Standing Committee.                                                                              
                                                                                                                                
REPRESENTATIVE WILSON  made a motion to  move the CS for  HB 350,                                                               
version 22-LS1300\F, Luckhaupt, 2/13/02  out of committee.  There                                                               
being  no objection,  CSHB 350(TRA)  was moved  out of  the House                                                               
Transportation Standing Committee.                                                                                              
REPRESENTATIVE  OGAN  introduced   Daria  Siromaha,  a  Ukrainian                                                               
exchange  student  at JDHS,  who  had  been "shadowing"  him  and                                                               
learning about the American system of government.                                                                               
                                                                                                                                
HB 405-CRIMES COMMITTED ON STATE WATERCRAFT                                                                                   
                                                                                                                                
CHAIRMAN  KOHRING  announced  that  the next  matter  before  the                                                               
committee would  be HOUSE BILL NO.  405, "An Act relating  to the                                                               
prosecution of criminal offenses  committed on or against ferries                                                               
and  other  watercraft  owned  or  operated  by  the  state;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
Number 526                                                                                                                      
                                                                                                                                
REPRESENTATIVE KEVIN MEYER, Alaska  State Legislature, sponsor of                                                               
HB 405, testified  before the committee.  He said  the bill gives                                                               
the  state jurisdiction  over state  owned watercraft,  including                                                               
watercraft outside of  state waters.  He told  the committee that                                                               
a superior  court judge  dismissed the  prosecution for  a sexual                                                               
assault  that occurred  on an  Alaska ferry  in Canadian  waters.                                                               
The court  found no statutory  authority to prosecute  the crime,                                                               
even though the defendant and the  victim were both Alaskans.  He                                                               
said  that  the federal  government  has  jurisdiction over  U.S.                                                               
vessels in Canadian  waters under federal maritime law.   He said                                                               
the  dismissal  is  a  concern  because  it  is  unlikely  to  be                                                               
prosecuted  by  either  the   federal  or  Canadian  governments.                                                               
Representative  Meyer said  that  the  federal government  rarely                                                               
prosecutes sexual  assault cases, and Canada  has little interest                                                               
in prosecuting such a case.  He  said it is prudent to pass a law                                                               
that will protect  and defend passengers on Alaskan  vessels.  He                                                               
said HB  405 would  eliminate a loophole  that would  prevent the                                                               
state from prosecuting such crimes in the future.                                                                               
                                                                                                                                
REPRESENTATIVE   MEYER  introduced   Anne   Carpeneti  from   the                                                               
Department  of   Law  and  told   the  committee  that   she  was                                                               
responsible  for bringing  the case  to his  attention.   He said                                                               
that  she  told  him  of  a 16-year-old  girl  who  was  sexually                                                               
assaulted on the MV Matanuska  in Canadian waters.  Upon reaching                                                               
Ketchikan,  the girl  reported the  crime to  police authorities.                                                               
The district attorney in Ketchikan  presented the case to a grand                                                               
jury, which then  returned an indictment for one  count of sexual                                                               
assault in the  first degree, one count of sexual  assault in the                                                               
second  degree,  and  multiple  counts  of  misdemeanor  assault.                                                               
Without a  statute authorizing  the state  to prosecute  in these                                                               
circumstances,  Alaska had  no jurisdiction,  said Representative                                                               
Meyer.   He said if the  federal government will not  protect and                                                               
defend Alaskans, "then we must."                                                                                                
                                                                                                                                
Number 501                                                                                                                      
                                                                                                                                
REPRESENTATIVE SCALZI said  the bill speaks for itself.   He said                                                               
there is a jurisdictional problem  in federal waters.  He posited                                                               
that the  state should look out  for its property and  the people                                                               
onboard.                                                                                                                        
                                                                                                                                
Number 496                                                                                                                      
                                                                                                                                
REPRESENTATIVE WILSON said  it was "very scary" to  her and added                                                               
that if  "we were  in other  waters, there would  be no  one that                                                               
would be able  to do anything."   She said she would  like to co-                                                               
sponsor the bill.                                                                                                               
                                                                                                                                
Number 492                                                                                                                      
                                                                                                                                
REPRESENTATIVE  OGAN  said  the  bill  raises  interesting  legal                                                               
questions.   He asked  that Annie Carpeneti  join the  sponsor at                                                               
the table.                                                                                                                      
                                                                                                                                
Number 489                                                                                                                      
                                                                                                                                
REPRESENTATIVE  OGAN  asked Ms.  Carpeneti  if  there are  "dicey                                                               
legal issues" when  a crime is committed in  the sovereign waters                                                               
of another country when  "it is on our boat."   He asked if there                                                               
is case law that speaks to the issue.                                                                                           
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section (Juneau), Criminal Division,  Department of Law, answered                                                               
that  she has  looked up  federal jurisdiction,  and the  federal                                                               
government does  have the right to  prosecute in this case.   She                                                               
said that she has not  researched Canadian jurisdiction and added                                                               
that the  Canadians have not filed  charges.  She said  that they                                                               
would not likely do so.                                                                                                         
                                                                                                                                
REPRESENTATIVE  OGAN   put  forward  the  possibility   that  the                                                               
Canadian government  did not  file charges  because the  ship had                                                               
not stopped in a Canadian port  to file charges with the Canadian                                                               
police  authorities.    He  said  he did  not  want  to  see  sex                                                               
offenders getting away, but he  wondered what authority the state                                                               
had in the matter.                                                                                                              
                                                                                                                                
Number 480                                                                                                                      
                                                                                                                                
MS. CARPENETI said there are  three possible jurisdictions in the                                                               
case.    She said  the  federal  government can  prosecute  under                                                               
maritime  jurisdiction, and  it has  statutes prohibiting  sexual                                                               
assault.  The  Canadian government can prosecute,  and Alaska can                                                               
prosecute.   She  said the  ferries are  [State of]  Alaska-owned                                                               
property and  they carry Alaskan  crewmembers as well  as Alaskan                                                               
passengers and tourists.  Ms.  Carpeneti said the case law speaks                                                               
to whether  or not there  is enough connection to  a jurisdiction                                                               
"for it  to satisfy  concerns of  due process."   She said  it is                                                               
clearly fair for Alaska to prosecute this case.                                                                                 
                                                                                                                                
REPRESENTATIVE OGAN said he would  be interested to see some case                                                               
law research on the matter.                                                                                                     
                                                                                                                                
MS. CARPENETI said  she could share some of the  research she has                                                               
on the issue.                                                                                                                   
                                                                                                                                
Number 442                                                                                                                      
                                                                                                                                
REPRESENTATIVE   WILSON  asked   about   the   letter  from   the                                                               
Inlandboatmen's  Union  of  the  Pacific that  was  in  the  bill                                                               
packet.   She pointed out  the question  from line 4  that asked,                                                               
"Why should we have to resort to  the feds at all?" she asked Ms.                                                               
Carpeneti to address the question.                                                                                              
                                                                                                                                
MS. CARPENETI said it seemed the  idea of the question was, "Even                                                               
though  the federal  government could  prosecute this  crime, why                                                               
shouldn't Alaska be  able to do so  too?"  She said  the state is                                                               
prohibited from pursuing prosecution  if another jurisdiction has                                                               
already  done so.   She  said  Alaska is  not trying  to stack  a                                                               
second   criminal  prosecution;   at  this   point  no   one  has                                                               
prosecuted.                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOOKESH  said the way  he looked at it,  this bill                                                               
would offer a third option to the  state.  He said if the federal                                                               
government or  Canadian government pursues prosecution,  it would                                                               
be fine.   If neither does, Alaska should have  the ability to do                                                               
it.  He said that is the intent of the bill and it makes sense.                                                                 
                                                                                                                                
Number 420                                                                                                                      
                                                                                                                                
REPRESENTATIVE SCALZI said his knowledge  of maritime law is that                                                               
the state  can write  law as  long as it  does not  supersede the                                                               
federal  law.    He  said  just because  a  ship  enters  another                                                               
country's  waters,  federal  maritime  law  does  not  fall  away                                                               
onboard ship.  He said he  does not believe that maritime law and                                                               
state law would be conflicting.                                                                                                 
                                                                                                                                
MS.   CARPENETI  said   Representative  Scalzi's   summation  was                                                               
correct,  but she  said the  state and  federal government  could                                                               
exercise  concurrent jurisdiction  in  an area  like  the one  in                                                               
question.   She  said  this is  dependent on  the  fact that  the                                                               
federal  government has  not preempted  and taken  charge of  the                                                               
case.  She said that in this case, it has not.                                                                                  
                                                                                                                                
Number 406                                                                                                                      
                                                                                                                                
LINDA   WILSON,   Deputy   Director,  Public   Defender   Agency,                                                               
Department of Administration, testified  via teleconference.  She                                                               
said the agency  does not support or recommend HB  405.  She said                                                               
jurisdiction over  crimes allegedly committed on  U.S. documented                                                               
or registered  vessels in  foreign waters  already exists.   That                                                               
jurisdiction  exists  in  federal  courts or  in  the  courts  of                                                               
foreign nations.   She said crimes allegedly  committed in waters                                                               
of other states  fall under the jurisdiction of that  state.  She                                                               
gave  a scenario  of  a  crime committed  by  a Washington  State                                                               
resident, upon a  Washington State resident, on  an Alaskan ferry                                                               
tied  to  the dock  in  Bellingham,  Washington.   She  told  the                                                               
committee  that under  HB 405,  the  crime would  come under  the                                                               
jurisdictions  of  the  federal,  Washington  State,  and  Alaska                                                               
courts.                                                                                                                         
                                                                                                                                
MS. WILSON  said there are  questions in the  Bellingham scenario                                                               
of  whether   or  not  it   was  a  constitutional   exercise  of                                                               
jurisdiction, and she added that  perhaps it could be challenged.                                                               
She said  legislation proposed for  one particular case  often is                                                               
not the  best approach.   She said the  bill is overly  broad and                                                               
the agency does not support it.                                                                                                 
                                                                                                                                
Number 388                                                                                                                      
                                                                                                                                
REPRESENTATIVE  WILSON asked  Ms. Wilson  what she  would suggest                                                               
Alaska do in the sexual assault case in question.                                                                               
                                                                                                                                
MS. WILSON said Alaska should  promote that either the federal or                                                               
Canadian government prosecute the case.                                                                                         
                                                                                                                                
REPRESENTATIVE WILSON  asked Ms.  Wilson if  she was  saying that                                                               
Alaska  should  try  to  talk  another  country  or  the  federal                                                               
government  into  doing  something, instead  of  doing  something                                                               
itself.                                                                                                                         
                                                                                                                                
MS. WILSON said, "Under that circumstance, yes."                                                                                
                                                                                                                                
CHAIRMAN KOHRING said he  identified with Representative Wilson's                                                               
concerns and told the committee that  there was a loophole in the                                                               
law.   He said Alaska  should have a statute  to be able  to take                                                               
action in these types of  circumstances.  He said another similar                                                               
incident might get thrown out of court without this legislation.                                                                
                                                                                                                                
REPRESENTATIVE WILSON raised  the question of "Where  would we be                                                               
if this was our wife or daughter?"                                                                                              
                                                                                                                                
Number 368                                                                                                                      
                                                                                                                                
REPRESENTATIVE  OGAN said  his concern  was that  the appropriate                                                               
jurisdictional  questions be  answered so  that if  this were  to                                                               
happen, the  case would not be  thrown out.  He  asked Ms. Wilson                                                               
if there are jurisdictional conflicts if  a ferry is tied up in a                                                               
Washington State  port and a  crime is committed and  reported to                                                               
Washington authorities.                                                                                                         
                                                                                                                                
MS. WILSON said she could  see the potential for a jurisdictional                                                               
struggle.                                                                                                                       
                                                                                                                                
REPRESENTATIVE OGAN said  that it is inconvenient for  a ferry to                                                               
pull into  a port to  report a crime,  even though that  might be                                                               
the proper jurisdiction.                                                                                                        
                                                                                                                                
Number 345                                                                                                                      
                                                                                                                                
REPRESENTATIVE KOOKESH  said jurisdictional fights are  good.  In                                                               
that way, at least someone will prosecute.                                                                                      
                                                                                                                                
REPRESENTATIVE OGAN  asked what  would happen  if Alaska  did not                                                               
like   the  punishment   handed  down   by  one   of  the   other                                                               
jurisdictional courts.                                                                                                          
                                                                                                                                
REPRESENTATIVE KOOKESH  said that  it does not  matter.   He said                                                               
that with  HB 405, if there  was no jurisdictional fight,  and no                                                               
other court were to step in, Alaska would be able to prosecute.                                                                 
                                                                                                                                
MS. CARPENETI  responded to  one of Ms.  Wilson's comments.   She                                                               
said  that  Alaska  has prosecuted  under  similar  circumstances                                                               
before,  and  the  jurisdictional  issues had  not  arisen  until                                                               
recently.   She  told  of  a similar  case  where  a crewman  was                                                               
assaulted  in Canadian  waters.   She said  that she  expects the                                                               
jurisdictional issue  to be raised in  that case.  She  said that                                                               
there were  no jurisdictional issues raised  before recently, but                                                               
she expects more to be raised in the future.                                                                                    
                                                                                                                                
Number 320                                                                                                                      
                                                                                                                                
REPRESENTATIVE WILSON  moved to  report HB  405 out  of committee                                                               
with individual recommendations and zero fiscal notes.                                                                          
                                                                                                                                
REPRESENTATIVE MASEK asked  if the bill had been  referred to the                                                               
House  Judiciary  Standing  Committee,  since she  did  not  feel                                                               
comfortable releasing  legislation without some of  the questions                                                               
being fully resolved.                                                                                                           
                                                                                                                                
CHAIRMAN KOHRING said  Ms. Wilson cast some doubt  over the bill,                                                               
but said that a serious crime  has gone unpunished.  He said that                                                               
he  felt  the bill  could  address  the  issue  and called  it  a                                                               
"potential tool."                                                                                                               
                                                                                                                                
Number 302                                                                                                                      
                                                                                                                                
CHAIRMAN KOHRING  asked if  there were  any objections  to moving                                                               
the bill  from committee.  There  being no objection, HB  405 was                                                               
moved out of House Transportation Standing Committee.                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Transportation Standing  Committee meeting was adjourned  at 2:45                                                               
p.m.                                                                                                                            
                                                                                                                                
                                                                                                                                
| Document Name | Date/Time | Subjects | 
|---|