04/16/2018 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB134 | |
| HJR21 | |
| HB44 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 134 | TELECONFERENCED | |
| += | HJR 21 | TELECONFERENCED | |
| + | HB 123 | TELECONFERENCED | |
| += | HB 208 | TELECONFERENCED | |
| + | SB 81 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 44 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 16, 2018
1:36 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Bill Wielechowski
Senator Mike Shower
MEMBERS ABSENT
Senator Mia Costello
Senator Pete Kelly
COMMITTEE CALENDAR
SENATE BILL NO. 134
"An Act relating to the appointment of guardians ad litem;
relating to petitions and proceedings for termination of
parental rights; and amending Rules 1 and 6, Alaska Adoption
Rules."
- MOVED SB 134 OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 21
Urging the federal government to respect the authority of the
state to regulate marijuana use, production, and distribution
and to honor previous federal guidance on marijuana policy; and
urging the federal government to reconsider its listing of
marijuana as a schedule I controlled substance.
- MOVED SCS SSHJR 21(JUD) OUT OF COMMITTEE
CS FOR SS FOR HOUSE BILL NO. 44(STA)
"An Act requiring a legislator to abstain from taking or
withholding official action or exerting official influence that
could benefit or harm an immediate family member or certain
employers; and requiring a legislator to request to be excused
from voting in an instance where the legislator may have a
financial conflict of interest."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 123(HSS)
"An Act relating to disclosure of health care services and price
information; and providing for an effective date."
- REMOVED FROM AGENDA
HOUSE BILL NO. 208
"An Act relating to disclosure of health care services and price
information; and providing for an effective date."
- REMOVED FROM AGENDA
SENATE BILL NO. 81
"An Act relating to disclosure of health care services and price
information; and providing for an effective date."
- REMOVED FROM AGENDA
PREVIOUS COMMITTEE ACTION
BILL: SB 134
SHORT TITLE: TERMINATION OF PARENTAL RTS;GUARDIANS
SPONSOR(s): SENATOR(s) GARDNER
01/16/18 (S) PREFILE RELEASED 1/8/18
01/16/18 (S) READ THE FIRST TIME - REFERRALS
01/16/18 (S) HSS, JUD
04/06/18 (S) HSS AT 1:30 PM BUTROVICH 205
04/06/18 (S) Moved SB 134 Out of Committee
04/06/18 (S) MINUTE(HSS)
04/09/18 (S) HSS RPT 3DP
04/09/18 (S) DP: WILSON, BEGICH, GIESSEL
04/10/18 (S) JUD WAIVED PUBLIC HEARING NOTICE,RULE
23
04/11/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/11/18 (S) Scheduled but Not Heard
04/13/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/13/18 (S) <Bill Hearing Canceled>
04/16/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HJR 21
SHORT TITLE: FEDS RESPECT STATE REG OF MARIJUANA
SPONSOR(s): REPRESENTATIVE(s) GUTTENBERG
04/16/17 (H) READ THE FIRST TIME - REFERRALS
04/16/17 (H) JUD
05/12/17 (H) STA REPLACES JUD REFERRAL
05/12/17 (H) BILL REPRINTED 5/12/17
05/16/17 (H) STA AT 3:00 PM GRUENBERG 120
05/16/17 (H) -- MEETING CANCELED --
02/05/18 (H) SPONSOR SUBSTITUTE INTRODUCED
02/05/18 (H) READ THE FIRST TIME - REFERRALS
02/05/18 (H) STA
02/13/18 (H) STA AT 3:15 PM GRUENBERG 120
02/13/18 (H) Heard & Held
02/13/18 (H) MINUTE(STA)
02/15/18 (H) STA AT 3:15 PM GRUENBERG 120
02/15/18 (H) Moved SSHJR 21 Out of Committee
02/15/18 (H) MINUTE(STA)
02/16/18 (H) STA RPT 1DP 5NR 1AM
02/16/18 (H) DP: KREISS-TOMKINS
02/16/18 (H) NR: TUCK, BIRCH, KNOPP, WOOL, JOHNSON
02/16/18 (H) AM: LEDOUX
03/19/18 (H) TRANSMITTED TO (S)
03/19/18 (H) VERSION: SSHJR 21
03/21/18 (S) READ THE FIRST TIME - REFERRALS
03/21/18 (S) JUD
04/04/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/04/18 (S) Scheduled but Not Heard
04/09/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/09/18 (S) LEGISLATIVE ETHICS: VOTING & CONFLICTS
04/10/18 (S) JUD AT 9:00 AM BELTZ 105 (TSBldg)
04/10/18 (S) Heard & Held
04/10/18 (S) MINUTE(JUD)
04/11/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/11/18 (S) Scheduled but Not Heard
04/13/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/13/18 (S) <Bill Hearing Canceled>
04/16/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 44
SHORT TITLE: LEGISLATURE: ETHICS, CONFLICTS, PER DIEM
SPONSOR(s): REPRESENTATIVE(s) GRENN
01/18/17 (H) PREFILE RELEASED 1/13/17
01/18/17 (H) READ THE FIRST TIME - REFERRALS
01/18/17 (H) JUD, FIN
01/23/17 (H) SPONSOR SUBSTITUTE INTRODUCED
01/23/17 (H) READ THE FIRST TIME - REFERRALS
01/23/17 (H) JUD, FIN
01/25/17 (H) STA REPLACES FIN REFERRAL
01/25/17 (H) BILL REPRINTED 1/25/17
01/25/17 (H) JUD WAIVED PUBLIC HEARING NOTICE, RULE
23(A) FOR SSHB 44
01/25/17 (H) JUD AT 1:00 PM GRUENBERG 120
01/25/17 (H) AMEND UNIFORM RULES: ABSTAIN FROM
VOTING
01/27/17 (H) JUD AT 1:00 PM GRUENBERG 120
01/27/17 (H) Heard & Held
01/27/17 (H) MINUTE(JUD)
01/30/17 (H) JUD AT 1:30 PM GRUENBERG 120
01/30/17 (H) Heard & Held
01/30/17 (H) MINUTE(JUD)
02/03/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/03/17 (H) Moved CSSSHB 44(JUD) Out of Committee
02/03/17 (H) MINUTE(JUD)
02/08/17 (H) JUD RPT CS(JUD) 1DP 3DNP 3AM
02/08/17 (H) DP: LEDOUX
02/08/17 (H) DNP: KOPP, EASTMAN, REINBOLD
02/08/17 (H) AM: KREISS-TOMKINS, FANSLER, CLAMAN
02/18/17 (H) STA AT 11:00 AM GRUENBERG 120
02/18/17 (H) Heard & Held
02/18/17 (H) MINUTE(STA)
02/21/17 (H) STA AT 3:00 PM GRUENBERG 120
02/21/17 (H) Heard & Held
02/21/17 (H) MINUTE(STA)
02/21/17 (H) STA AT 5:30 PM GRUENBERG 120
02/21/17 (H) Heard & Held
02/21/17 (H) MINUTE(STA)
03/02/17 (H) STA AT 3:00 PM GRUENBERG 120
03/02/17 (H) Heard & Held
03/02/17 (H) MINUTE(STA)
03/07/17 (H) STA AT 5:30 PM GRUENBERG 120
03/07/17 (H) Heard & Held
03/07/17 (H) MINUTE(STA)
03/28/17 (H) STA AT 3:00 PM GRUENBERG 120
03/28/17 (H) Moved CS SSHB 44(STA) Out of Committee
03/28/17 (H) MINUTE(STA)
04/03/17 (H) STA RPT CS(STA) NT 3DP 1DNP 3NR
04/03/17 (H) DP: LEDOUX, TUCK, KREISS-TOMKINS
04/03/17 (H) DNP: BIRCH
04/03/17 (H) NR: JOHNSON, WOOL, KNOPP
04/08/17 (H) SUSTAINED RULING OF CHAIR Y23 N16 E1
04/08/17 (H) BEFORE HOUSE IN SECOND READING
04/08/17 (H) TRANSMITTED TO (S)
04/08/17 (H) VERSION: CSSSHB 44(STA)
04/10/17 (S) READ THE FIRST TIME - REFERRALS
04/10/17 (S) STA, JUD
02/20/18 (S) STA AT 3:30 PM BUTROVICH 205
02/20/18 (S) Heard & Held
02/20/18 (S) MINUTE(STA)
02/22/18 (S) STA AT 3:30 PM BUTROVICH 205
02/22/18 (S) Heard & Held
02/22/18 (S) MINUTE(STA)
03/23/18 (S) FIN REFERRAL ADDED AFTER JUD
03/27/18 (S) STA AT 3:30 PM BUTROVICH 205
03/27/18 (S) Moved SCS CSSSHB 44(STA) Out of
Committee
03/27/18 (S) MINUTE(STA)
03/28/18 (S) STA RPT SCS 1DP 1DNP 3NR NEW TITLE
03/28/18 (S) DP: MEYER
03/28/18 (S) DNP: WILSON
03/28/18 (S) NR: GIESSEL, EGAN, COGHILL
04/09/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/10/18 (S) JUD AT 9:00 AM BELTZ 105 (TSBldg)
04/10/18 (S) Scheduled but Not Heard
04/11/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/11/18 (S) Scheduled but Not Heard
04/13/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/13/18 (S) Meeting Canceled
04/16/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR BERTA GARDNER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 134
NATHANIEL GRABMAN, Staff
Senator Berta Gardner
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information about and delivered the
sectional analysis for SB 134.
NANCY MEADE, General Counsel
Administrative Office
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Discussed the court rule change related to
SB 134.
TRACY SPARTZ CAMPBELL, Deputy Director
Office of Children's Services (OCS)
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Testified that SB 134 will not change the
way OCS currently does business.
MILES CURTIS, representing self
Petersburg, Alaska
POSITION STATEMENT: Stated support for SB 134.
CHAD HUTCHINSON, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes that appear in version
J of HJR 21.
REPRESENTATIVE DAVID GUTTENBERG
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor of HJR 21, stated support for the
Senate CS.
RYAN JOHNSTON, Staff
Representative Jason Grenn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions and reviewed the
sectional analysis for the Senate CS for HB 44.
ACTION NARRATIVE
1:36:58 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:36 p.m. Present at the call to
order were Senators Shower, Wielechowski, and Chair Coghill.
SB 134-TERMINATION OF PARENTAL RTS;GUARDIANS
1:37:40 PM
CHAIR COGHILL announced the consideration of SB 134. He noted
there was one person online to testify on the bill.
1:38:12 PM
SENATOR BERTA GARDNER, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 134, advised that the gentleman on the phone
brought the issue to her attention, but the bill is not an
attempt to intervene in his ongoing case about a custody issue.
That contact did highlight the issue about parental rights when
a child is the result of rape or sexual assault. Existing
statutes do cover this. Parental rights may be terminated in
three ways: 1) a child in need of aid (CINA) case where the
child has been abused, neglected, or abandoned; 2) a child can
be freed for adoption under certain circumstances; and 3) when
the child is conceived in rape. The problem is that despite the
statutory language, some people dispute that parental rights can
be terminated based on the child's conception. The bill seeks to
clarify the existing policy that termination of parental rights
should be with court approval and in the best interests of the
child. Not many Alaskans are affected by this, but it is a huge
issue for the people that are.
She said we believe it is important for a women who is pregnant
by rape to be confident that she can avoid being locked into a
long-term relationship with the person who raped her if she
chooses to keep the child. She noted that the statutes are
gender neutral.
1:41:21 PM
NATHANIEL GRABMAN, Staff, Senator Berta Gardner, Alaska State
Legislature, Juneau, Alaska, stated that in 1987 AS
25.23.180(c)(3) was enacted. The legislative intent was to
create a mechanism for a woman to terminate the parental rights
of a father. In 2015, Congress passed the Rape Survivor Child
Custody Act that allocated money for states that passed laws
that allowed for the termination of parental rights in cases
where the child was conceived in rape. Alaska has received that
money each of the last two fiscal years and recently applied for
the upcoming year. The reason for the bill is that AS 25.23 is
specific to adoption and some family law attorneys and judges
may be unaware of the provision to terminate parental rights in
the circumstance of rape. In at least one case a judge
interpreted the statute as not relevant to a case which did not
involve adoption or Child in Need of Aid proceedings. The bill
seeks to clarify the existing language and raise awareness of
its existence.
CHAIR COGHILL asked Mr. Grabman to go through the sectional
focusing on the key element and conforming parts.
1:43:43 PM
MR. GRABMAN said most of the sections in the bill reference
Section 11 so he would start there.
Section 11. Restructures AS 25.23.180(c) to clarify
that termination for parental rights may be ordered in
an independent proceeding on the grounds that a parent
committed an act constituting sexual assault, sexual
abuse of a minor, or incest that resulted in the
conception of a child.
Sections 1 and 2. are conforming language.
Section 3. Authorizes the court to appoint a guardian
ad litem for cases involving petitions for the
termination of parental rights of a parent who has
committed an act constituting sexual assault, sexual
abuse of a minor, or incest that resulted in the
conception of a child under section 11 of this bill.
Sections 4 through 10. are conforming language.
Sections 12 through 15. are conforming language.
Section 16. Adds a new subsection to AS 25.23.180 to
clarify that a petition for termination of parental
rights for the grounds specified in section 11 of the
bill may be filed to initiate an independent
proceeding not connected to a petition for adoption or
a proceeding under AS 47.10.
Section 17. is conforming language.
Section 18. Describes how AS 25.23.180, as amended by
this bill, has the effect of changing court rules.
He noted that the Tracy Spartz Campbell, the deputy director of
the Office of Children's Services, and Nancy Meade, the general
counsel of the Court System, were available to answer questions.
1:45:44 PM
CHAIR COGHILL asked Ms. Meade to talk about the effect of the
court rule modification and how the new petition will work.
1:46:23 PM
NANCY MEADE, General Counsel, Administrative Office, Alaska
Court System, Anchorage, Alaska, explained that because the
court has rules on a similar subject in the adoption area, the
court will look at whether this statutory change would cause the
court to change the wording in the court rule. Generally, the
court puts a notation on the rule so people know they can take
advantage of this statutory process. Thus, a direct court rule
change may not be necessary.
CHAIR COGHILL asked if the petition for termination of parental
rights referenced in Section 16 is in existing statute that the
bill makes it more explicit.
MS. MEADE said yes. If the bill passes, the court will look at
whether the existing petition to terminate parental rights needs
modification to accommodate termination in the circumstance of
rape.
1:48:46 PM
CHAIR COGHILL asked Tracy Spartz Campbell if the proceeding in
AS 47.10 referenced in Section 11 is a common civil proceeding
for terminating parental rights.
TRACY SPARTZ CAMPBELL, Deputy Director, Office of Children's
Services (OCS), Department of Health and Social Services (DHSS),
Juneau, Alaska said that's correct.
CHAIR COGHILL asked if it asks for any new information.
MS. SPARTZ CAMPBELL replied we don't see that the bill will
change the way OCS currently does business.
1:49:41 PM
CHAIR COGHILL opened public testimony on SB 134.
1:50:04 PM
MILES CURTIS, representing self, Petersburg, Alaska, stated
support for SB 134. He said he is the grandfather of a child
conceived in rape and his family has been involved in a five-
year custody battle. His daughter was young when she was raped
and he raised the child for the first six years. At age six the
child was placed with the offender in Petersburg. He said the
custody battle will probably go on until the child reaches age
18. The court did not recognize the existing law. Senator
Gardner's bill will clarify the law but it is not the higher
standard that other states are implementing. He suggested
amending the language to require the unfit parent to prove they
are fit. He said the biggest issue in his case is that the
abuser has court support and can continue to be abusive to the
victim. He would like a statutory amendment to change the
court's direction. For example, Washington State passed a law
making it easier for the victim to petition the court for
termination outside the custody case. He continued to relate the
particulars in his case.
CHAIR COGHILL asked the sponsor if she had any final comments.
1:56:36 PM
SENATOR GARDNER said Mr. Curtis has a heartbreaking tale and was
instrumental in bringing the issue to her attention, but the
bill is not trying to influence his case. She agreed that a
person who has a child as a result of rape should have control
over any contact afterwards. It is also appropriate that a judge
should make the determination assisted by a guardian ad litem
who makes recommendations about what is in the child's best
interest.
1:58:10 PM
CHAIR COGHILL said he was willing to move the bill.
1:58:54 PM
SENATOR WIELECHOWSKI moved to report SB 134, version A, from
committee with individual recommendations and zero fiscal
note(s).
CHAIR COGHILL announced that without objection, SB 134 moved
from the Senate Judiciary Standing Committee.
1:59:25 PM
AT ease
HJR 21-FEDS RESPECT STATE REG OF MARIJUANA
2:00:43 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of HJR 21. He noted the proposed committee
substitute (CS).
2:01:11 PM
At ease
2:01:31 PM
CHAIR COGHILL reconvened the meeting.
SENATOR WIELECHOWSKI moved to adopt the Senate CS for SSHJR 21,
version 30-LS0820\J, as the working document.
CHAIR COGHILL objected for an explanation of the changes.
2:02:10 PM
CHAD HUTCHINSON, Staff, Senator John Coghill, Alaska State
Legislature, Juneau, Alaska, said the CS makes two substantive
changes that resulted in a title change. The new title
eliminates the words "and to honor previous federal guidance on
marijuana policy".
The first substantive change is to the last hereas on page 3.
It replaces the phrase, "undermines federal priorities" with
"demonstrates a need to address federal law". The second change
is in the "Be It Resolved" provision on page 3. It replaces the
phrase "in keeping with the federal enforcement priorities
enumerated in the United States Department of Justice's August
29, 2013, memorandum" with "and urges the United States Congress
to address these issues while respecting states' rights".
2:04:36 PM
REPRESENTATIVE DAVID GUTTENBERG, Alaska State Legislature,
Juneau, Alaska, sponsor of HJR 21, said he supports the changes.
CHAIR COGHILL said he was trying to tell Congress it had to do
something about this.
He removed his objection and version J was adopted. He asked the
sponsor if he had final comments.
2:06:03 PM
REPRESENTATIVE GUTTENBERG said the resolution articulates the
legislature's position that it wants this conflict resolved. It
passed the other body unanimously.
2:06:48 PM
SENATOR WIELECHOWSKI moved to report the Senate CS for SSHJR 21,
version J, from committee with individual recommendations and
attached zero fiscal note(s).
CHAIR COGHILL announced that without objection, SCS SSHJR21(JUD)
moved from the Senate Judiciary Standing Committee.
2:07:12 PM
At ease
HB 44-LEGISLATIVE ETHICS: VOTING & CONFLICTS
2:08:19 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of HB 44. [SCS CSSSHB 44(STA) was before the
committee.] He noted that the State Affairs Committee
significantly changed the bill.
2:08:58 PM
RYAN JOHNSTON, Staff, Representative Jason Grenn, Alaska State
Legislature, Juneau, Alaska, reviewed the following changes
from version R to version N and for HB 44:
The sections of Version R can be found in the
corresponding sections of Version N
? Ver R Section 1 corresponds with Section 7 in ver N
? Ver R Section 2 corresponds with Section 8 in ver N
? Ver R Section 3 corresponds with Section 9 in ver N
? Ver R Section 4 corresponds with Section 11 in ver N
The new sections of the bill include:
Sections 1 and 2 prohibits foreign corporations and
nationals from making political expenditures on behalf
of candidates in state elections.
Section 3, page 6 lines 5-12, amends AS 24.10.120(a)
to implement a stricter policy on legislative foreign
travel.
Section 4, page 6 lines 5-12, amends AS 24.10.130(b)
so there will be no per diem for legislators after 121
days if the budget has not been passed
Section 5, page 6 lines 25-31, amends AS 24.10.130(c)
to direct the Legislative Council to adopt a per diem
policy in accordance with section 4 of the bill.
Section 6, page 8 lines 1-12, amends AS 24.45.121(a)
to read that a lobbyist may only purchase a non-
alcoholic beverage for a legislator.
Section 10, page 9, amends AS 24.10.120(a) to clarify
that a Legislator can accept a non-alcoholic beverage
from a lobbyist.
Section 12, page 11 line 4-19, amends AS 39.23.540(d)
to include the new stipulations on per diem set forth
in section 4.
Section 13, page 11, line 20, repeals AS 24.10.051(b).
Section 14, page 11 lines 21-24, amends the uncodified
law of the State of Alaska to direct the Alaska Public
Office Commission to adopt the necessary regulations
to implement sections 1 and 2 of this bill.
Section 15, page 11 lines 27-31, amends the uncodified
law of the State of Alaska to state that if any
section of this bill is found invalid, then the rest
of the bill will not be affected.
Section 16, page 12 line 1, states that section 14 of
the bill will take effect immediately upon the bill's
passage.
Section 17, page 12 line 2, changes the effective date
to July 1, 2018.
2:11:49 PM
CHAIR COGHILL said he understands that the only difference
between the initiative and the bill is the de minimis value of a
meal versus the $15 amount which is in statute.
MR. JOHNSTON agreed.
2:12:55 PM
SENATOR WIELECHOWSKI asked if the sponsor supports the Senate
committee substitute.
MR. JOHNSTON replied, "The Representative is appreciative of the
conversation that goes on with this bill and appreciates the
ability to speak before the committee and apologizes that he
can't be here currently."
SENATOR WIELECHOWSKI commented that it was a good political
answer.
CHAIR COGHILL said he'd like to dialog with the sponsor on the
record about the policy calls. He offered his perspective of the
per diem provision. He struggles with it because extended
sessions aren't always within the legislature's control. He said
he can understand why some people don't support international
travel, but "whether we like it or not Alaska is an
international state." Its largest trading partners are China,
Japan, Korea, and Canada. Furthermore, Alaska is an Arctic
state, the Pacific fishery is international, and tourism has an
international flavor. He said he would study the language, but
to exclude the impact an international conversation might have
on a campaign might be unwise. He opined that legislators may
need to be part of both national and international
organizations. He said he understands that money is perceived as
buying elections, but it's up to the integrity of the individual
whether the money is used as a voice to communicate with
constituents or if it's used to drive special interests.
2:19:40 PM
SENATOR WIELECHOWSKI asked if there is any legal opinion or
consultation about whether the current version of the bill would
take the initiative off the ballot.
MR. JOHNSTON responded that the Senate State Affairs Committee
received a legal memo that said the current version of the bill
satisfies the intent of the initiative. However, it would rest
on a court case. He offered to supply a copy of the memo.
CHAIR COGHILL advised that the 3/21/18 memorandum from
legislative attorney Dan Wayne is in the packets.
SENATOR WIELECHOWSKI said he read the memo and it seems to
address constitutional issues as opposed to whether it would
take the initiative off the ballot.
2:21:40 PM
MR. JOHNSTON said any constitutional concerns will only be
resolved through a court case. He offered to have someone from
the lieutenant governor's office come and talk about its finding
that the initiative was not unconstitutional.
CHAIR COGHILL relayed that testimony in the State Affairs
Committee was that being constitutional to go on the ballot is
one question and whether the policy calls are constitutional is
another, larger question. Legal advice on that point is
warranted.
SENATOR WIELECHOWSKI noted that the memo did raise the question
about the effect of the bill in an initiative election. The
conclusion is not a slam dunk in either direction, but it does
say the court would probably find the bill passes the three-part
test.
CHAIR COGHILL shared that he is not a fan of either the
initiative or the bill because of the restrictions that may be
outside legislators' control. It also supposes the authority of
lobbyists that may not be entirely accurate. He reiterated the
request to have a dialog on the record with the sponsor during
the 9:00 a.m. meeting tomorrow.
MR. JOHNSTON said the sponsor has a Finance meeting at the same
time but he would do his best.
2:26:05 PM
CHAIR COGHILL held HB 44 in committee for further consideration.
2:27:03 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:27.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 44 - Explanation of Changes (ver. R to ver. N).pdf |
SJUD 4/16/2018 1:30:00 PM |
HB 44 |
| CS to HJR 21 - Version J.pdf |
SJUD 4/16/2018 1:30:00 PM |
HJR 21 |
| SB 134 - Sponsor Statement.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Sectional Analysis (ver. A).pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Supporting Document - Economist - A Question of Proof.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Supporting Document - CNN Article.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Supporting Document - Examples Where AS is Misinterpreted.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Supporting Document - Leg. Research Report.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Supporting Document - Juneau Empire Article.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Letter of Support - Miles Curtis.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |