03/02/1998 01:32 PM House JUD
| Audio | Topic |
|---|
+ teleconferenced
= bill was previously heard/scheduled
HOUSE JUDICIARY STANDING COMMITTEE
March 2, 1998
1:32 p.m.
MEMBERS PRESENT
Representative Joe Green, Chairman
Representative Con Bunde, Vice Chairman
Representative Brian Porter
Representative Jeannette James
Representative Eric Croft
Representative Ethan Berkowitz
MEMBERS ABSENT
Representative Norman Rokeberg
COMMITTEE CALENDAR
HOUSE BILL NO. 261
"An Act relating to a surcharge imposed for violations of state or
municipal law and to the Alaska police training fund."
- MOVED CSHB 261(JUD) OUT OF COMMITTEE
* HOUSE JOINT RESOLUTION NO. 4
Proposing amendments to the Constitution of the State of Alaska
relating to terms of legislators.
- MOVED HJR 4 OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: HB 261
SHORT TITLE: LAW ENFORCEMENT TRAINING SURCHARGE
SPONSOR(S): REPRESENTATIVES(S) DAVIS
Jrn-Date Jrn-Page Action
04/24/97 1323 (H) READ THE FIRST TIME - REFERRAL(S)
04/24/97 1323 (H) JUDICIARY, FINANCE
01/28/98 (H) JUD AT 1:00 PM CAPITOL 120
01/28/98 (H) MINUTE(JUD)
03/02/98 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HJR 4
SHORT TITLE: LIMITING TERMS OF STATE LEGISLATORS
SPONSOR(S): REPRESENTATIVES(S) THERRIAULT, ROKEBERG, Hodgins
Jrn-Date Jrn-Page Action
01/13/97 22 (H) PREFILE RELEASED 1/3/97
01/13/97 22 (H) READ THE FIRST TIME - REFERRAL(S)
01/13/97 22 (H) STATE AFFAIRS, JUDICIARY, FINANCE
01/29/98 (H) STA AT 8:00 AM CAPITOL 102
01/29/98 (H) MINUTE(STA)
01/30/98 2176 (H) STA RPT 5DP 2NR
01/30/98 2176 (H) DP: JAMES, ELTON, BERKOWITZ, VEZEY
01/30/98 2176 (H) HODGINS; NR: IVAN, DYSON
01/30/98 2176 (H) FISCAL NOTE (GOV)
01/30/98 2176 (H) ZERO FISCAL NOTE (LAA)
01/30/98 2176 (H) REFERRED TO JUDICIARY
01/30/98 2189 (H) COSPONSOR(S): HODGINS
02/20/98 (H) JUD AT 1:00 PM CAPITOL 120
02/20/98 (H) MINUTE(JUD)
03/02/98 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
DEB DAVIDSON, Legislative Administrative Assistant
to Representative Gary Davis
Alaska State Legislature
Capitol Building, Room 513
Juneau, Alaska 99801
Telephone: (907) 465-2693
POSITION STATEMENT: Explained Amendment 2 to HB 261 on behalf of
sponsor.
REPRESENTATIVE GENE THERRIAULT
Alaska State Legislature
Capitol Building, Room 511
Juneau, Alaska 99801
Telephone: (907) 465-4797
POSITION STATEMENT: Prime sponsor of HJR 4.
ACTION NARRATIVE
TAPE 98-28, SIDE A
Number 0001
CHAIRMAN JOE GREEN called the House Judiciary Standing Committee
meeting to order at 1:32 p.m. Members present at the call to order
were Representatives Green, Bunde, Porter and James.
Representatives Croft and Berkowitz arrived at 1:36 p.m. and 1:38
p.m., respectively.
HB 261 - LAW ENFORCEMENT TRAINING SURCHARGE
The first order of business was HB 261, "An Act relating to a
surcharge imposed for violations of state or municipal law and to
the Alaska police training fund."
Number 0041
REPRESENTATIVE CON BUNDE offered amendment 0-LS0920\E.2, Luckhaupt,
2/25/98, by Representative Davis, which read:
Page 2, line 19, following "violation of":
Insert "a misdemeanor offense under"
Page 2, line 20:
Following "or a":
Insert "violation of a"
Following "comparable to":
Insert "a misdemeanor offense under"
CHAIRMAN GREEN named that Amendment 2, as Amendment 1 had been
adopted on 1/28/98.
REPRESENTATIVE BUNDE objected for discussion purposes.
Number 0160
DEB DAVIDSON, Legislative Administrative Assistant to
Representative Gary Davis, came forward to explain Amendment 2 on
behalf of the sponsor. She indicated that under the driving while
intoxicated statutes listed under that section, the third or
subsequent conviction is a felony. This amendment changes the
violation to a misdemeanor, so that the felony charges under the
driving while intoxicated statutes will fall under the felony
surcharge of $85, but the remaining misdemeanors will fall under
the $75 surcharge.
REPRESENTATIVE BUNDE removed his objection.
Number 245
CHAIRMAN GREEN asked whether there was any further discussion or
objection. Hearing no objection, he announced that Amendment 2 was
adopted.
Number 0258
REPRESENTATIVE BRIAN PORTER indicated his concerns had been
addressed, Anchorage will come out okay, and his objection to the
bill was removed.
Number 0335
REPRESENTATIVE BUNDE made a motion to move HB 261, as amended, from
committee with individual recommendations and attached fiscal
notes.
CHAIRMAN GREEN asked whether there was any objection. There being
none, CSHB 261(JUD) moved from the House Judiciary Standing
Committee.
HJR 4 - LIMITING TERMS OF STATE LEGISLATORS
Number 0384
CHAIRMAN GREEN announced the final item of business would be HJR 4,
proposing amendments to the Constitution of the State of Alaska
relating to terms of legislators.
Number 0394
REPRESENTATIVE GENE THERRIAULT, prime sponsor of HJR 4, read from
the sponsor statement as follows:
"House Joint Resolution 4 proposes to limit terms by limiting the
number of regular sessions a person may serve. The resolution
proposes that a person may not serve consecutively more than twelve
regular sessions in the legislature. A person may not again serve
in the legislature as a result of election or appointment to fill
a vacancy until at least two consecutive regular sessions have
elapsed. In addition, when tabulating the number of sessions
served, special sessions shall not be counted, nor shall time
served as the result of appointment to fill a vacancy.
"Alaska voters have demonstrated their desire for congressional
term limits through 1994's ballot measure 4, which passed by a
margin of 62 percent. Alaskans have also expressed their support
for term limits on a municipal level, with many communities
adopting some form of term limits for local elected officials. HJR
4 will now give voters the chance to change the state constitution
and limit the terms of state legislators.
"Term limits are a positive legislative reform, guaranteeing that
new legislators, ... along with their new ideas, are elected to
office. The popularity of term limits indicates that a majority of
our citizens do not prefer career politicians representing them.
Term limits will also level the playing field for challengers
facing long-term incumbents whose power oftentimes is derived ...
primarily from seniority. Placing a constitutional amendment
limiting the terms of state legislators on the ballot is a measure
that I believe is long overdue."
Number 0447
REPRESENTATIVE THERRIAULT informed members that the language in HJR
4 is pretty much identical to legislation passed by the House two
years before, although it has been updated to show that further
time has elapsed.
Number 0528
REPRESENTATIVE ERIC CROFT asked what happened to that previous
legislation.
REPRESENTATIVE THERRIAULT said it had been amended fairly
substantially in the Senate Judiciary Committee, and he believes it
was held up in the Senate Rules Committee.
Number 0559
REPRESENTATIVE BUNDE stated his understanding that under HJR 4, a
person may not serve more than twelve years.
REPRESENTATIVE THERRIAULT concurred.
REPRESENTATIVE BUNDE said he assumes it would not apply
retroactively.
REPRESENTATIVE THERRIAULT referred to Section 3 on page 3, line 10.
He said it would apply retroactively, but the limit doesn't kick in
until the first regular session of the Twenty-Third Alaska State
Legislature. Representative Therriault explained that it would be
on the ballot this year, at the same time that people would be up
for election to the Senate, a four-year term. He stated, "If they
were elected at that time and this is passed, we didn't want to
preclude them, then, from ... serving out the term that they were
just elected to."
Number 0680
CHAIRMAN GREEN asked whether there were further questions or
discussion. He advised members that no one was signed up to
testify.
Number 0701
REPRESENTATIVE JEANNETTE JAMES made a motion to move HJR 4 with
individual recommendations and attached fiscal notes.
CHAIRMAN GREEN asked whether there was any objection. Hearing
none, he announced that HJR 4 was moved from the House Judiciary
Standing Committee.
ADJOURNMENT
Number 0741
CHAIRMAN GREEN adjourned the House Judiciary Standing Committee
meeting at 1:41 p.m.
| Document Name | Date/Time | Subjects |
|---|