03/29/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB343 | |
| HB272 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 343 | TELECONFERENCED | |
| += | HB 272 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 29, 2006
8:42 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 343(JUD) am
"An Act creating the crimes of harassment in the first and
second degree, amending the crime of stalking, and adding a
definition of 'medical professional' to the assault and
harassment statutes."
MOVED CSHB 343(JUD) am OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 272(FIN) am
"An Act relating to card rooms and card operations, and
permitting issuance of a license to own a card room and conduct
card games in a municipality of the state if the municipality
has adopted an ordinance, ratified by a majority of the
municipal voters voting on the question, authorizing card rooms
and card games in that municipality."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 343
SHORT TITLE: HARASSMENT/ASSAULT/STALKING
SPONSOR(s): REPRESENTATIVE(s) LYNN
01/09/06 (H) PREFILE RELEASED 1/6/06
01/09/06 (H) READ THE FIRST TIME - REFERRALS
01/09/06 (H) JUD, FIN
01/27/06 (H) JUD AT 1:00 PM CAPITOL 120
01/27/06 (H) Heard & Held
01/27/06 (H) MINUTE(JUD)
02/10/06 (H) JUD AT 1:00 PM CAPITOL 120
02/10/06 (H) Moved CSHB 343(JUD) Out of Committee
02/10/06 (H) MINUTE(JUD)
02/13/06 (H) JUD RPT CS(JUD) NT 3DP 4NR
02/13/06 (H) DP: WILSON, GRUENBERG, ANDERSON;
02/13/06 (H) NR: GARA, COGHILL, KOTT, MCGUIRE
02/22/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/22/06 (H) -- Meeting Canceled --
02/27/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/27/06 (H) Moved CSHB 343(JUD) Out of Committee
02/27/06 (H) MINUTE(FIN)
03/01/06 (H) FIN RPT CS(JUD) NT 8DP 2NR
03/01/06 (H) DP: HAWKER, HOLM, STOLTZE, WEYHRAUCH,
MOSES, FOSTER, MEYER, CHENAULT;
03/01/06 (H) NR: KELLY, JOULE
03/20/06 (H) TRANSMITTED TO (S)
03/20/06 (H) VERSION: CSHB 343(JUD) AM
03/22/06 (S) READ THE FIRST TIME - REFERRALS
03/22/06 (S) JUD, FIN
03/29/06 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 272
SHORT TITLE: CARD ROOMS & OPERATIONS
SPONSOR(s): REPRESENTATIVE(s) KOTT
04/18/05 (H) READ THE FIRST TIME - REFERRALS
04/18/05 (H) L&C, JUD, FIN
04/21/05 (H) L&C AT 3:15 PM CAPITOL 17
04/21/05 (H) Moved Out of Committee
04/21/05 (H) MINUTE(L&C)
04/22/05 (H) L&C RPT 2DP 2DNP 2NR
04/22/05 (H) DP: KOTT, ANDERSON;
04/22/05 (H) DNP: CRAWFORD, GUTTENBERG;
04/22/05 (H) NR: LEDOUX, ROKEBERG
04/26/05 (H) JUD AT 1:00 PM CAPITOL 120
04/26/05 (H) Moved CSHB 272(JUD) Out of Committee
04/26/05 (H) MINUTE(JUD)
04/27/05 (H) JUD RPT CS(JUD) NT 2DP 1DNP 3NR
04/27/05 (H) DP: KOTT, ANDERSON;
04/27/05 (H) DNP: DAHLSTROM;
04/27/05 (H) NR: GRUENBERG, GARA, MCGUIRE
04/29/05 (H) FIN AT 8:30 AM HOUSE FINANCE 519
04/29/05 (H) Moved CSHB 272(FIN) Out of Committee
04/29/05 (H) MINUTE(FIN)
04/30/05 (H) FIN RPT CS(FIN) 2DP 1DNP 4NR
04/30/05 (H) DP: FOSTER, MOSES;
04/30/05 (H) DNP: KELLY;
04/30/05 (H) NR: HOLM, WEYHRAUCH, MEYER, CHENAULT
05/03/05 (H) MOVED TO BOTTOM OF CALENDAR
05/03/05 (H) ADJOURNED TO 5/4
05/04/05 (H) BEFORE THE HOUSE
05/07/05 (H) TRANSMITTED TO (S)
05/07/05 (H) VERSION: CSHB 272(FIN) AM
05/08/05 (S) READ THE FIRST TIME - REFERRALS
05/08/05 (S) JUD, FIN
03/23/06 (S) JUD AT 8:30 AM BUTROVICH 205
03/23/06 (S) -- Meeting Canceled --
03/29/06 (S) JUD AT 8:30 AM BUTROVICH 205
WITNESS REGISTER
Representative Bob Lynn
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 343
Michael Sica, Legislative Aide
Staff to Representative Bob Lynn
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions regarding HB 343
Anne Carpeneti, Assistant Attorney General
Criminal Division
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Answered questions regarding HB 343
Vernon Marshall, Lobbyist
Capitol Consultants, LLC
PO Box 35148
Juneau, AK 99803
POSITION STATEMENT: Testified in support of HB 343
Portia Parker, Deputy Commissioner
Department of Corrections
431 N. Franklin, Suite 400
Juneau, AK 99801
POSITION STATEMENT: Answered questions and testified in support
of HB 343
Daniel Colang, Board President
Alaska Correctional Officers Association
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 343
May Barney, Correctional Officer
Fairbanks Correctional Center
POSITION STATEMENT: Testified in support of HB 343
Michael O'Hare, Legislative Aide
Staff to Representative Pete Kott
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 272
Ryan Makinster, Legislative Aide
Staff to Senator John Cowdery
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions regarding HB 272
Guy Warren
Presbytery of Alaska
No address provided
POSITION STATEMENT: Testified in opposition to HB 272
Ruth Blanchard
Houston, Alaska
POSITION STATEMENT: Testified in support of HB 272
Linda Coy
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 272
Debbie Joslin
Eagle River, Alaska
POSITION STATEMENT: Testified in opposition to HB 272
Marie Toothman
Houston, Alaska
POSITION STATEMENT: Testified in support of HB 272
Link Fannon
Houston, Alaska
POSITION STATEMENT: Testified in support of HB 272
Pamela Samash
Nenana, Alaska
POSITION STATEMENT: Testified in opposition to HB 272
Perry Green
No address provided
POSITION STATEMENT: Testified in support of HB 272
Rosemary Burnett
Houston, Alaska
POSITION STATEMENT: Testified in support of HB 272
Bob Chaffone
Saginaw, Michigan
POSITION STATEMENT: Commented on HB 272
Robert Hall
Houston, Alaska
POSITION STATEMENT: Testified in support of HB 272
Susan Duck
No address provided
POSITION STATEMENT: Testified in support of HB 272
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:42:53 AM. Present were Senators
Charlie Huggins, Gene Therriault, Gretchen Guess, and Chair
Ralph Seekins.
HB 343-HARASSMENT/ASSAULT/STALKING
8:43:50 AM
CHAIR RALPH SEEKINS announced CSHB 343(JUD) AM to be up for
consideration.
REPRESENTATIVE BOB LYNN introduced the bill, which was requested
by correctional officers across the state as a measure of
protection from inmates who assault them with bodily fluids.
Currently, most assaults with bodily fluids or feces can only be
charged as a class B misdemeanor. The bill creates the crime of
harassment in the first degree for anyone who subjects another
person to offensive physical contact with human or animal
"blood, mucus, saliva, semen, urine, vomit, or feces" and
classifies that crime as a class A misdemeanor.
Twenty-six states have enacted similar legislation and 19 of
those classify the assaults as felonies. Alaska should at least
raise this crime up one level and provide for a minimum sentence
of 60 days in jail when the offensive is directed at
correctional officers, law enforcement, and first responders.
8:47:50 AM
REPRESENTATIVE LYNN urged the committee to move the bill out
today.
8:48:27 AM
SENATOR GENE THERRIAULT referred to page 2, line 17, and asked
the reason for including animal bodily fluids.
MICHAEL SICA, Staff to Representative Bob Lynn, responded the
bill protects more than just correctional officers although it
is important to note that the Point McKenzie Correctional Farm
does have animals.
8:49:18 AM
Senator Hollis French joined the committee.
CHAIR SEEKINS advised that kids often have fights with cow and
horse manure. He asked whether that was considered.
REPRESENTATIVE LYNN suggested that law enforcement officers and
prosecutors have discretion as to who they seek to prosecute.
MR. SICA added the harassment statute specifies that one would
have to commit the act with the intent to annoy or harass.
8:50:47 AM
SENATOR FRENCH noted the statute requires intent, which is the
highest level of criminal liability. He asked whether the
Department of Law (DOL) considered lowering that to a "knowing"
standard in order to make it easier to prosecute.
MR. SICA deferred to the Department of Law.
8:52:22 AM
VERNON MARSHAL, Lobbyist, testified in support of the bill.
8:53:47 AM
ANNE CARPENETI, Assistant Attorney General, Department of Law
(DOL) advised that the Department supports the bill.
SENATOR FRENCH restated his earlier question regarding lowering
the intent standard to a "knowing" standard, at least in the
case of harassment in the first degree.
MS. CARPENETI agreed that "knowing" would be an easier standard
to prove. Several of the provisions under AS 11.61.120(a)
preserve the First Amendment rights to expression. HB 343 was
drafted to cross-reference the current statute. It would be easy
to prove that a person who engaged in this type of behavior
intended to annoy somebody because the acts are so specific and
unpleasant.
SENATOR FRENCH suggested there could be a case of a first degree
[misdemeanor] with a knowing standard and then a second degree
[misdemeanor] with an intentional standard and they would be
reversed in severity.
MS. CARPENETI said she was not concerned given the subject of
the act.
8:57:43 AM
SENATOR THERRIAULT asked Ms. Carpeneti the reason for putting
the act under harassment. The definition of "harass" is to annoy
or torment repeatedly. He asked whether one instance could be
defined as harassment.
MS. CARPENETI responded under AS 11.61.120(a)(5) it would be. In
the harassment law, some of the provisions deal with speech such
as offensive telephone calls at odd hours. For physical contact,
one time would be enough for the DOL to be able to prosecute.
She said she did not know the reason for drafting it under
harassment but said it was a logical place for it.
8:59:52 AM
CHAIR SEEKINS posed the hypothetical situation of children
throwing horse manure at each other and asked whether that would
be a violation of the law.
MS. CARPENETI replied since they are juveniles the conduct of
harassment would be very difficult to prove.
PORTIA PARKER, Deputy Commissioner, Department of Corrections
(DOC) introduced herself and said the Department does support
the bill.
CHAIR SEEKINS asked Ms. Parker how often these types of
incidences occur in the correctional system.
MS. PARKER advised the DOC surveyed the state facilities and
reported that approximately 150 incidences of this type of
harassment occurs each year. Currently they deal with this
situation in the system but the bill would heighten the penalty
and reduce the instances.
9:02:13 AM
CHAIR SEEKINS noted that the fiscal notes showed zero. He asked
whether there might be a fiscal impact from an increased
sentence.
MS. PARKER responded that it would have a fiscal impact for the
DOC in the form of a sixty-day sentence for those charged and
convicted. She could not speculate as to the number of cases
that would be prosecuted.
SENATOR HUGGINS complimented the Point McKenzie Correctional
Farm system.
SENATOR GUESS asked Ms. Parker to address the issue regarding
animals.
MS. PARKER said that would be more for incidences outside the
correctional institutions. Police officers and first responders
often deal with combative people who might use animal waste to
ward them off. She did not believe it was anything that would
come up in the correctional facilities.
9:05:33 AM
DANIEL COLANG, President, Alaska Correctional Officer's
Association, advised the committee that there were approximately
700 correctional officers across the state. He said correctional
officers "walk the toughest beat in law enforcement." Very few
people know what goes on behind the walls of a correctional
institution but suffice to say officers deal with people at
their very worst. Correctional officers know the dangers and
risks of their duties and the incidences of officers getting
assaulted with bodily fluids are not uncommon.
OFFICER COLANG related a personal situation and stated the job
is dangerous enough without having to worry about someone
assaulting them with bodily fluids. He encouraged the committee
to move the bill forward.
9:09:05 AM
MAY BARNEY, Correctional Officer at Fairbanks Correctional
Center, testified in support of the bill. She related a personal
story of a prisoner assaulting her.
9:14:07 AM
CHAIR SEEKINS closed public testimony and called a brief recess.
9:15:40 AM
SENATOR HUGGINS moved CSHB 343(JUD) am from committee with
individual recommendations and attached fiscal notes. There
being no objections, the motion carried.
HB 272-CARD ROOMS & OPERATIONS
9:20:07 AM
CHAIR SEEKINS announced CSHB 272(FIN) AM to be up for
consideration.
MICHAEL O' HARE, Staff to Representative Pete Kott, introduced
the bill. The game of poker is seeing a growing popularity. The
bill would provide a safe environment in which to play games and
would remove the need for illegal backroom games. The types of
games would include non-banking card games, such as poker, pan,
rummy, bridge, and cribbage. Licenses would be limited to one
license for municipalities for less than 30,000 people and the
limit for municipalities with over 30,000 may not exceed the
population divided by that number.
9:22:47 AM
The licensee would be required to pay a non-refundable
application fee of $25,000 with the Department of Revenue (DOR)
and would post $500,000 cash bond at least sixty days in advance
of commencement of card room operation as well as a $10,000 fee
per card table. Licensee would be required to undergo a personal
background check and pay for investigative costs incurred over
the application fee. Licensee would be required to host
quarterly tournament with proceeds to be distributed to a non-
profit educational institution. The bill would allow the DOR to
impose regulations. The bill would give back to the community in
the form of jobs and support of non-profit charities.
Included in the bill packet are the fiscal notes and a sectional
analysis and legal opinion. The Supreme Courts of Montana and
Oregon have identified that poker is a game of skill.
9:26:11 AM
SENATOR FRENCH asked Mr. O'Hare whether alcohol would be served
at the card rooms.
MR. O'HARE inferred there was currently no intention to allow
alcohol to be served in the cardrooms.
SENATOR FRENCH inquired whether the bill prohibited alcohol
sales.
MR. O'HARE said no.
9:28:08 AM
SENATOR GUESS commented that a business could have multiple
owners. She asked Mr. O'Hare to comment on whether all owners
would have to submit to the background checks.
MR. O'HARE said he understood that everyone including the
directors of the corporation would need to be fingerprinted and
background checked.
SENATOR GUESS asked whether a minority owner with a felony
conviction could be part owner of the card room.
MR. O'HARE offered to get back to the committee.
SENATOR GUESS referred to page 3, lines 29-30, and asked for
explanation of the language.
MR. O'HARE responded that language was added in order to enhance
any investigations that might occur.
9:30:26 AM
SENATOR HUGGINS asked the reason for the bill.
MR. O'HARE advised that currently backroom poker games happen
all over the state, usually in the middle of the night, and
without any level of control or consumer protection. HB 272
would establish a legal, monitored and friendly atmosphere in
which to play poker.
SENATOR THERRIAULT noted that bars are currently allowed to hold
"poker nights" without the wagering of cash.
CHAIR SEEKINS said it was his understanding that HB 272 would
allow the house or owner of the establishment to take a cut of
the winnings.
SENATOR FRENCH referred to an article in the packet regarding a
poker tournament that uses prizes for the winner in lieu of
cash.
9:35:04 AM
CHAIR SEEKINS asked for clarification whether the bill would
bring professional poker playing into Alaska by allowing the
card room owner to take a "rake." He asked whether there was
anything in the bill that would control "shills."
RYAN MAKINSTER, Staff to Senator John Cowdery, offered to answer
questions. He said it is currently illegal to play for money in
a public environment in Alaska unless you are in somebody's
home.
9:38:43 AM
MR. MAKINSTER advised the committee that, under the Indian
Gaming Regulatory Act, Alaska would be required to work with any
Alaska tribes within its class of gaming.
SENATOR HUGGINS asked Mr. O'Hare whether there was a committee
on gambling and if so, were any recommendations suggested from
that committee.
MR. O'HARE observed that a task force was identified on a gaming
commission. The task force has not made any recommendations as
of yet.
SENATOR FRENCH asked whether the bill provided for any type of
table restrictions.
MR. O'HARE informed there were no stipulations to the limit of
tables but each table would cost $10,000.
CHAIR SEEKINS noted a discrepancy in the title of the bill.
MR. O'HARE replied he did have the memo from legal services
alerting the sponsor to that issue.
9:42:41 AM
CHAIR SEEKINS questioned the reason for removing the municipal
option.
MR. O'HARE said he did not know.
SENATOR GUESS asked how the number of 30,000 was chosen to
determine the number of card rooms.
MR. O'HARE replied initially it was a random number used to
separate Anchorage and Fairbanks out as the larger
municipalities.
9:45:53 AM
SENATOR GUESS noted that Anchorage could have 10 card rooms with
an unlimited number of tables.
MR. O'HARE said correct.
SENATOR GUESS referred to page 10 and asked how the DOR would
determine who is awarded a license. She also noted that on line
18 the language seemed very subjective.
MR. O'HARE said it was in order to give the utmost discretion to
the Department.
SENATOR GUESS referred to page 10, line 26 and asked whether
that would be legal.
CHAIR SEEKINS said he didn't think so.
SENATOR FRENCH said it was a laudable idea but probably couldn't
be codified in statute.
9:49:46 AM
CHAIR SEEKINS asked for clarification the actual amount of money
that a person would have to put up in order to open a card room
with four tables.
MR. O'HARE responded the initial application fee of $25,000, a
$5,000 cash bond, and $10,000 per table as well as any
additional costs associated with the background investigation.
CHAIR SEEKINS speculated that card rooms must be a very
profitable business.
MR. O'HARE said it could be.
CHAIR SEEKINS asked whether the license could be sold to another
person.
MR. O'HARE did not believe so.
CHAIR SEEKINS asked whether the bill identified it as a non-
transferable license.
MR. O'HARE offered to find the section related to that topic.
SENATOR FRENCH asked whether there were statutory restrictions
on how the house earns the money, such as by the hand or by the
half hour.
MR. O'HARE said there are no restrictions.
9:52:25 AM
SENATOR FRENCH asked what the financial integrity system would
be for the purpose of transparency to the state overseer.
MR. O'HARE admitted the bill contained no stipulation for that.
SENATOR FRENCH expressed concern and said it would be difficult
to keep exact track of how much the players earn and how much
the house earns.
MR. MAKINSTER informed the committee that other states do all of
that in regulation rather than statute.
SENATOR FRENCH commented the State of Washington requires closed
circuit television recording of the tables and the cages. He
asked whether HB 272 did the same.
MR. O'HARE said no it does not but the sponsor would be willing
to amend the bill to include that.
SENATOR FRENCH asked about the effective dates and how they
envision the process and first licensing.
MR. O'HARE did not know. He deferred to the DOR.
9:56:37 AM
SENATOR GUESS asked Mr. O'Hare to discuss the rakes and the
sideboards around them.
MR. O'HARE replied the bill does not discuss rakes or how much
money the card room would be allowed to make.
SENATOR GUESS asked how the business hours would be set.
MR. O'HARE informed that would be addressed under the
regulations.
SENATOR HUGGINS asked whether people could play poker online.
MR. O'HARE said yes and it was a popular method of playing.
MR. MAKINSTER interrupted to inform the committee that online
poker playing is not the same as plugging into Las Vegas since
much of the online business is routed internationally.
SENATOR GUESS referred to page 17, line 10 and noted that
"cheats at a card game" is a broad and undefined charge.
10:01:19 AM
SENATOR FRENCH asked whether there would be a prohibition on a
bingo operation attached to a card room.
MR. O'HARE said the bill would only allow an owner to have a
card room operation.
10:06:52 AM
GUY WARREN, Clerk for the Presbytery of Alaska, testified
against the bill. He said implementing the bill would create
social disorder and would not serve to the betterment of the
people of the State of Alaska.
10:10:37 AM
RUTH BLANCHARD, Houston, testified in support of the bill with
some amendments, such as local control, super majority, and
municipality change to cites.
LINDA COY, Anchorage, testified in opposition to the bill. She
took issue with the claim that creating card rooms would bring
money into the state. She said that all pathological gamblers
started when they were young and she encouraged the committee to
abandon the bill.
10:13:36 AM
DEBBIE JOSLIN, Eagle River, testified in opposition to the bill.
She quoted Warren Buffet as saying that gambling begets crime,
bankruptcy and suicide.
MARIE TOOTHMAN, Houston, testified in support of the bill. She
said the money would stay in Alaska and that people need winter
entertainment.
LINK FANNON, Houston, testified that the Houston city council
supported the bill with a couple of amendments, such as local
control and the super majority vote.
10:19:21 AM
PAMELA SAMASH, Nenana, testified in opposition to the bill. She
shared a personal experience of how gambling addictions have
destroyed her family.
10:23:57 AM
PERRY GREEN testified in support of HB 272. He claimed that the
gaming commission was doomed to failure because all of the
people on the commission were against gaming. He claimed that
billions of dollars were leaving America due to online overseas
games. He said the cost for licensing was excessive but agreed
with the City of Houston's suggested amendments.
10:27:26 AM
ROSEMARY BURNETT, Deputy Mayor of Houston, testified in support
of the bill. She said there are already after hours card rooms
in the MatSu Valley and it is getting out of hand.
BOB CHAFFONE, Professional poker player in Michigan, testified
that poker is an addiction but said it was not the function of
the bill to micro-manage people and their addictions. He
testified in support of the bill and said it would be a
responsible form of government to regulate the gambling.
ROBERT HALL, Houston, testified in support of the bill. He
suggested allowing for customers to pre-set limits as to how
much they could lose in a sitting.
10:35:29 AM
SUSAN DUCK said she recently planned a poker tournament.
Approximately 7,500 players participated and it was an enormous
success. She did not hear one complaint regarding the
tournament. She said the bottom line is that card playing is
already happening and people are making money illegally. She
encouraged the committee to organize and regulate the card
rooms.
10:37:55 AM
CHAIR SEEKINS apologized that he had to interrupt testimony. He
held the bill in committee.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 10:38:26 AM.
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