Legislature(1993 - 1994)
02/15/1993 01:00 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CHAIRMAN PORTER announced that two resolutions were on the calendar: HJR 1, Use of Initiative to Amend the Constitution, and HJR 11, Repeal of Regulations by the Legislature. Before beginning the hearing on the two resolutions, Chairman Porter announced that the Speaker of the House had requested that the Judiciary Committee waive its referral on HB 134, An Act relating to temporary transfers of commercial fisheries entry permits. He noted that the bill had been referred to four committees. He explained that the bill would allow medically infirm limited entry permit holders, aged 65 or over, who had held the permit for at least ten years to transfer their permits on a year-to-year basis to other individuals. CHAIRMAN PORTER commented that he would not mind waiving the bill from committee, as he did not see any burning legal questions associated with the bill, and because it would be heard by three other committees in the House. Number 038 REP. DAVIDSON objected to the proposed action. He added that he was familiar with the bill from previous years. Rep. Davidson said that more and more limited entry permits were becoming private property, which invited the Internal Revenue Service to become part of the process. He felt that this would lead to a lack of control over the state's resources over the long term. Number 061 REP. PHILLIPS asked the Chairman which other committees HB 134 had been referred to. Number 067 CHAIRMAN PORTER said that the bill had been referred to the Fisheries, Resources, and Finance Committees, in addition to the Judiciary Committee. Number 072 REP. PHILLIPS moved to waive the bill from the Judiciary Committee based on the thorough review that she felt it would receive in its other three committees of referral. Number 080 REP. DAVIDSON maintained his objection to the waiver. He said that HB 134 would allow a person to hold on to a permit until his or her death. He asked what would happen in the event that a permit was in another person's name at the time the original permit holder died. He questioned who would get the permit in that case. Number 104 CHAIRMAN PORTER said that HB 134 would not affect that particular question. REP. DAVIDSON asked how that could be. CHAIRMAN PORTER said that the bill would allow the permit holder, if he or she met the other criteria, to let someone else use the permit instead, on a year-to-year basis. If the permit holder were to die, the question of transference would be the same as it was now, he added. Number 123 REP. NORDLUND asked who sponsored the bill. CHAIRMAN PORTER replied that Rep. Moses was the sponsor of HB 134. A roll call vote on whether members supported waiving HB 134 from the Judiciary Committee was taken, with five yea votes and 1 nay vote. Number 150 REP. DAVIDSON asked if HB 134 was currently before the committee. CHAIRMAN PORTER said that it was not. REP. DAVIDSON said that bills were typically not waived from a committee until they were before that committee. MS. GAYLE HORETSKI, COMMITTEE COUNSEL FOR THE HOUSE JUDICIARY COMMITTEE, said that Tam Cook from the Legislative Legal Services Division had indicated that it was permissible to waive a bill from committee although the bill had not yet reached that particular committee. Number 163 CHAIRMAN PORTER said that he had wanted to discuss the waiver with the committee members, although he, as the chairman, could have waived it without their knowledge or consent. He said he would ask that HB 134 be waived from committee the following day during the floor session.
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