Senate Judiciary Committee - Campaign Expenditure and Hate Crimes

I'm here because the Committee is supposed to discuss campaign expenditures.

But none of the Senators are here 18 minutes after the starting time. But in the audience you can see (l-r front row) ADN reporter Rich Mauer, newly arrived to take over from Lisa Demer and Rep. Bob Lynn, chair of the House State Affairs Committee which has been holding hearings on House campaign expenditure bills.  Behind Rep. Lynn is AP reporter Jeremy Hsieh. 

1:50 pm Committee Chair Hollis French and Sen. Egan are both here now.  I'll post this now and add to it as things progress. 

(S)JUDICIARY		STANDING COMMITTEE *
Mar 08 Monday 1:30 PM		BELTZ 105 (TSBldg)
=+	SB 209	STATE COUNCIL ON THE ARTS; REGULATIONS	TELECONFERENCED
=+	SB 260	ELECTRIC & TELEPHONE COOPERATIVES' VOTING	TELECONFERENCED
*+	SB 202	HATE CRIMES	TELECONFERENCED
+	SB 284	CAMPAIGN EXPENDITURES	TELECONFERENCED
+		Bills Previously Heard/Scheduled	TELECONFERENCED

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This is pretty messy, I'll post it now, but go through it and clean it up.  Of course you can listen to the actual hearing at Gavel 2 Gavel.    DO NOT RELY ON THIS FOR ANY MORE THAN A ROUGH SENSE OF WHAT HAPPENED.  A number of people spoke faster than I could type.  Think of this as a guide to what you should look for on the audio.


2pm called to order by Sen. French.
Motion on SB 209 - bill moved on.  At ease to sign the bill

 

Sen. Coghill, Chair Sen. French,
Sen Wielechowski (Walking), staffer, Sen. Egan

Back on agenda - SB 260 to allow coops to vote electronically.  Amendment to make sure if they do move to electronic voting, they do not have electronic voting exclusively.  Amended adopted.
Bill moved out of committee.  Another break to sign this one.

SB 214 and HB 6:  CS #6 - Cruelty to Animals
Wielechowski - Combined the two bills together
Welcome Sen McGuire to committee.
Motion to adopt CS version /S.

Staff:  Shelly Morgan, Wielechowski .  bill amended to include hb 138, about acts of animal cruelty, strengthen punishment for animal cruelty and acts of bestiality criminal.  Violent crimes against animals and people will count...

Mike Sica - Rep. Lynn's staff - and we support this. 

Morgan:  All from SB 214 creates felony animal cruelty provision, misdeamnor for first offense and second offense in ten years knowingly killing or using to threaten or terrorize another person.  [Can't keep up.]  Knowingly engaging in sexual conduct with an animal.
She's talking about the levels of offense for each type of conduct.
In almost all situations penalties are higher for crimes against people than against animals.  Except stalking.

Coghill:  Help me understand this.  4th degree assualt, on a human being, where does this set.

French:  4th degree recklessly causing pain.  Could widely range.

Coghill:  Just trying to understand the equivalency.

Sica:  Not talking about pain, but about prolonged.

Coghill:  My only thinking is that we could end up having felonious behavior on animals, where humans do bad things to each other and get pled out, where this may not.  You'll see these less before DA's and judges.

Sen. W:  If you knowing inflict prolonged and severe pain on an animal - lowest form of felony.  If you do this on human being unclassified felony.
I can't keep up.

Coghill:  What's significant about decompression chamber.

Sen. W:  It's been in the statues a long time, a particularly heinous way to kill an animal.  Left over language.  Also killing by use of poison.

French:   Added and adopted on house side.  Amendment 1 is adopted.  We've heard that infllicting pain on animals precedes doing same to people.

Rep. Lynn:  Good example of house and senate working together to craft legislation that protects both animals and humans.  Like 2+2=5.

French:  Thank you for opening your bill to amendment.  We won't get many bills passed this year and yours was well positioned.

Lynn:  Main goal is to protect the community.  For the good of the people of Alaska. 

SEn. W.  I agree.  We won't get many bills passed this session.

Coghill:  Concerned only that it may get misused.  We ask soldiers to do things and we may have police using trained animals to do things that could possibly be called into question.  Can't find anything.  I hope this catches people practicing cruel behavior and is not used by people using animals for noble things.

Bill moved out of committee.  Short at ease.

2:19  Back on agenda for SB 202 welcome Sen. Davis

Davis:  Thanks for hearing this bill in a timely manner.  This bill has been around for a while.  I hope I'm the last one to introduce it because it gets adopted.  I know there has to be a way to get this hate crime bill passed.

Tom Obermeyer, aide to Davis:  202 makes any crime more serious or aggravated if motivated by sex, race, religion, national origin, etc.  known as a hate crime.  This ramps up the crime one level if it is a hate crime.
He's speaking very quickly and I can't nearly keep up.

Tom Obermeyer and Sen. Betty Davis testifying before the Committee.

French:  Is this legislation modeled after federal or other state?

Obermeyer:  Does not really follow Matthew Shepherd law.  Our language with the specific words in the Alaska Constitution.

Wielechowski :  Refresher, if we hae it in federal law and state, could they be prosecuted both fed and state?

Obermeyer:  People in the room could answer that.  My experience is that we can go beyond what the feds do, but we can't do less.

J. Kate Burkhart, Ex. Director of Alaska Mental Health Board - we support this if it includes people with mental illness.  Study shows people with mental illness 11 times more likely to be victims of these crimes.  Does provide educational component.  Appreciation for sponsors' work and committee's hearing it.

Marsha Buck,  resident of Juneau, representing board of directors of Alaskans Together for Equality for Alaskans gay, bi, transexual etc.  My daughter has a longterm relationship with another woman, and I care deeply about safety of my daughter, daugher-in-law, and my grandchildren.  We firmly request to amend to include gender perception.  It doesn't matter if the person perceived as different is heterosexual or gay to be a victim.  Also includes Alaskans who are transgender.  Transgender woman recently had nose broken on Anchorage Peoplemover.

French:   Thank you...

Kelly Birkenshaw:  Also on behalf of Alaskans Together for Equality and myself.  We recognize that hate crimes are not limited to our community and appreciate that the bill recognizes that Alaska has no tolerance for these acts.  But the bill leaves out transgender and  i can offer some definitions.

Sen. McGuire:  That would be helpful, to have definitions.

Birkenshaw:  SExual orientation- unique way people perceives own sexual desires ... and gender id is concept of maleness or femaleness - anywhere on the continuum.  SEx = biological characteristics at birth.  Gender id might be perceived as different from the gender assigned at birth.  As a resident of Juneau, breaking up, perceived as too masculine as a child, ... up to 60% of my transgender friends have been victims of violence.  I know how that feels and

Jeff Jessee:  Chief Exec. Officer AK Mental Health Trust Authority - my focus on hate crimes focused on those with mental disabilities.  ... You've heard personal testimony.  I was born with a cleft palate.  I couldn't order a meal in a restaurant until I was 11.  As a kid, I was called names, bullied, mocked, and beat up.  These kids that did that to me, grow up to be the adults who continue that as adults.  Both personaly and on behalf of the trust I urge you to pass this.

David Eastman - online - Served as MP for 6 years in AK.  Based on my law enforcement experience, I want to speak against this.  It will shift focus of harm of victim to mindset of offender.  The only true crime is minimized.  Crime is inherently discriminatory.  I discriminate when I chose to commit a crime against you.  If I commit a crime gainst you because o your age.  if I target you because of obesity or member of the military.  In any of these cases my motive was bad, regardless.  Do we need the government to step in to tell me I'm bad.  More role of church than police or judge.  Govt. isnt' effective in changing morality.  I urge you not to succumb to that temptation.  We move away from equality under the law.  This bill would make some of us more equal than others.  Alaskans lowered in contrast to others.  Further politicizes one aspect of our lives.

Crimes are motivated by hate, a willingness to commit crime against antoher.  By my refusal to treat another person by respect and dignity.  This won't change a person when they get out of prison.

Clement Steiner:  - public defender for state of Alaska.  Practical issues about drafting and effect.  "knowingly directed"  is inconsistent with ... scheme.  More along the lines of specific intent.  Knowing aspect is crime itself, confusing issues and confused as downgrading to a lower mens rea.
2nd concern.  Regarding proof.  Typically, motive is not a crime.  By criminalizing motive you broaden this beyond the act to the person themselves. 

French - if you have specific drafting suggestions send them along.
Coghill - we hage the aggrevator in ....c22 it would be interesting to me how often that has been applied and how handled.  Not exactly the same language.

Mr. Jeff Mittman:  ACLU - ED.  Submitted written testimony.  We appreciate sponsors and it is important that we think it an important statement to make.  People are targeted.  Because of that, we think the phrase gender identity added to the bills.  We have some concerns and PD has raised them as well.  Speech rights have to be recognized as well.  If someone attacks a homosexual, prior evidence should not be introduced because it violates first amendment rights to hold beliefs.  At trial evidence should be introduced as it directly relates to the crime, but not associational evidence.

Close testimony and hold for future hearing.

SB 284:  Campaign Expenditures.  Meat in two sections 4 and 11.
Disclosure:  writing on a piece of paper and disclosing to APOC
Disclaimers:  putting words in the ad that tells the public who is pushing this piece of legislation.

Obviously not going to move today.

Coghill:  I like a lot, but would like to challenge a few by way of amendment.  Drafter here, Mr. Bullard.  Thanks for being available.  Also John Ptacin available.

Matt Wallace from AKPIRG:  ED - Briefly weigh in in support.  Pretty catastrophic decision by SC.  Didn't invent big money problem.  We believe it explains a lot of the cynicism people feel toward politics in general.  CU opened the floodgates.  A lot we can do and SB 284 is just one of those measures.  Pleased with piece that requires disclaimers in campaign ads.  Top five contributors of front groups would be required to be identified.

Marilyn Russell in Fairganks - League of Women Voters president - League supports the bill.  LWV goals:  insure public's right to know  2.  combat corruption and un?? influence  3. ??  and 4.  ???  It is vital that Alaska laws to add campaign disclosures.... Citizens should know who is spending money in support of candidates.  Loophole of this magnitude is unexceptable and should be remedied before the elections.

Close public testimony.

Wed. We hae AG for confirmation hearing.  Some questions to him today.  Adjourned. 3:02