Legislature(1999 - 2000)
05/17/1999 01:22 PM House JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE JUDICIARY STANDING COMMITTEE
May 17, 1999
1:22 p.m.
MEMBERS PRESENT
Representative Pete Kott, Chairman
Representative Joe Green
Representative Norman Rokeberg
Representative Jeannette James
Representative Lisa Murkowski
Representative Eric Croft
Representative Beth Kerttula
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 130
"An Act relating to immunity for sale or transfer of a firearm;
relating to administrative functions performed by and fees charged
by the Department of Public Safety for transfer of a firearm."
- MOVED HCSSB 130(JUD) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 100(FIN)
"An Act relating to the payment by indigent persons for legal
services and related costs."
- MOVED HCS CSSB 100(JUD) OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: SB 130
SHORT TITLE: FEES/IMMUNITY SALE/TRANSFER OF FIREARMS
SPONSOR(S): SENATOR(S) KELLY PETE, Taylor
Jrn-Date Jrn-Page Action
4/01/99 770 (S) READ THE FIRST TIME - REFERRAL(S)
4/01/99 770 (S) JUD, FIN
4/06/99 796 (S) COSPONSOR(S): TAYLOR
4/06/99 796 (S) JUD REFERRAL WAIVED
5/06/99 (S) FIN AT 9:00 AM SENATE FINANCE 532
5/06/99 (S) REPORTED OUT
5/06/99 (S) RLS AT 2:15 PM FAHRENKAMP 203
5/06/99 (S) MINUTE(FIN)
5/06/99 (S) MINUTE(RLS)
5/06/99 1270 (S) FIN RPT 4DP 1DNP 3NR 1AM
5/06/99 1270 (S) DP: TORGERSON, PETE KELLY, DONLEY,
5/06/99 1270 (S) LEMAN; NR: PARNELL, PHILLIPS, WILKEN;
5/06/99 1270 (S) DNP: ADAMS; AM: GREEN
5/06/99 1271 (S) ZERO FISCAL NOTES (LAW, DPS)
5/10/99 1324 (S) RULES TO CALENDAR AND 1 OR 5/10/99
5/10/99 1326 (S) READ THE SECOND TIME
5/10/99 1326 (S) ADVANCED TO THIRD READING UNAN
CONSENT
5/10/99 1326 (S) READ THE THIRD TIME SB 130
5/10/99 1326 (S) PASSED Y14 N5 A1
5/10/99 1326 (S) ELLIS NOTICE OF RECONSIDERATION
5/11/99 1372 (S) RECONSIDERATION NOT TAKEN UP
5/11/99 1373 (S) TRANSMITTED TO (H)
5/12/99 1338 (H) READ THE FIRST TIME - REFERRAL(S)
5/12/99 1338 (H) JUDICIARY
5/14/99 (H) JUD AT 1:00 PM CAPITOL 120
5/14/99 (H) HEARD AND HELD
5/17/99 (H) JUD AT 1:00 PM CAPITOL 120
BILL: SB 100
SHORT TITLE: REIMBURSEMENT FOR PUBLIC DEFENDER
SPONSOR(S): JUDICIARY BY REQUEST
Jrn-Date Jrn-Page Action
3/11/99 476 (S) READ THE FIRST TIME - REFERRAL(S)
3/11/99 476 (S) JUD
3/15/99 (S) JUD AT 1:30 PM BELTZ 211
3/15/99 (S) HEARD AND HELD
3/15/99 (S) MINUTE(JUD)
3/17/99 (S) JUD AT 1:30 PM BELTZ 211
3/17/99 (S) MOVED CS (JUD) OUT OF COMMITTEE
3/17/99 (S) MINUTE(JUD)
3/18/99 599 (S) JUD RPT CS 3DP SAME TITLE
3/18/99 599 (S) DP: TAYLOR, TORGERSON, DONLEY
3/18/99 599 (S) ZERO FISCAL NOTE (COURT)
3/18/99 599 (S) FISCAL NOTE (LAW)
3/19/99 616 (S) FISCAL NOTE (LAW)
3/18/99 599 (S) ADDITIONAL REFERRAL TO FIN
3/30/99 (S) FIN AT 8:00 AM SENATE FINANCE 532
3/30/99 (S) SCHEDULED BUT NOT HEARD
4/01/99 (S) FIN AT 8:00 AM SENATE FINANCE 532
4/01/99 768 (S) FIN RPT CS 5DP 2NR SAME TITLE
4/01/99 768 (S) DP: TORGERSON, GREEN, WILKEN, LEMAN,
4/01/99 768 (S) DONLEY; NR: PARNELL, PETE KELLY
4/01/99 768 (S) PREVIOUS ZERO FN FIN CS (COURT)
4/06/99 (S) RLS AT 3:30 PM FAHRENKAMP 203
4/06/99 (S) MINUTE(RLS)
4/06/99 794 (S) FISCAL NOTE FIN CS (LAW)
4/19/99 966 (S) RULES TO CALENDAR AND 1 OR 4/19/99
4/19/99 967 (S) READ THE SECOND TIME
4/19/99 967 (S) FIN CS ADOPTED UNAN CONSENT
4/19/99 967 (S) ADVANCED TO THIRD READING UNAN
CONSENT
4/19/99 967 (S) READ THE THIRD TIME CSSB 100(FIN)
4/19/99 968 (S) PASSED Y12 N8
4/19/99 968 (S) ELLIS NOTICE OF RECONSIDERATION
4/21/99 993 (S) RECON TAKEN UP - IN THIRD READING
4/21/99 993 (S) PASSED ON RECONSIDERATION Y12 N8
4/21/99 1028 (S) TRANSMITTED TO (H)
4/22/99 908 (H) READ THE FIRST TIME - REFERRAL(S)
4/22/99 908 (H) JUD, FIN
5/14/99 (H) JUD AT 1:00 PM CAPITOL 120
5/14/99 (H) HEARD AND HELD
5/17/99 (H) FIN AT 9:00 AM HOUSE FINANCE 519
5/17/99 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
JIM ROW (PH)
8445 Denise Circle
Anchorage, Alaska 99516
Telephone: (Not provided)
POSITION STATEMENT: Testified in favor of SB 130.
ACTION NARRATIVE
TAPE 99-71, SIDE A
Number 0001
CHAIRMAN PETE KOTT called the House Judiciary Standing Committee
meeting to order at 1:22 p.m. Members present at the call to order
were Representatives Kott, Green, Murkowski and Croft.
Representatives Kerttula, Rokeberg and James arrived at 1:23 p.m.,
1:25 p.m. and 1:28 p.m., respectively.
SB 130 - FEES/IMMUNITY SALE/TRANSFER OF FIREARMS
CHAIRMAN KOTT announced the first order of business is SENATE BILL
NO. 130, "An Act relating to immunity for sale or transfer of a
firearm; relating to administrative functions performed by and fees
charged by the Department of Public Safety for transfer of a
firearm."
Number 0065
REPRESENTATIVE GREEN moved to adopt the proposed House committee
substitute for SB 130, Version 1-LS0665\G, Ford, 5/17/99. There
being no objection, it was so adopted.
Number 0097
REPRESENTATIVE CROFT stated, for the record, that in the language
- "The Department of Public Safety shall administer functions
relative to the protection of life and property, including function
relating to transfer of firearm - the word "shall" does not require
a chief of police or anyone to sign a form. There is individual
discretion.
Number 0143
CHAIRMAN KOTT commented that is the intent of this piece of
legislation. There is no affirmative requirement for anyone in
public safety to sign a form.
Number 0168
JIM ROW (PH) testified via the telephone from Anchorage in support
of SB 130. He has been trying to get a "Form 4" signed for himself
for a couple of years now. He is frustrated because the state
doesn't prohibit these types of weapons, the federal government
allows them, and there is no municipal ordinance against them. But
the administration simply refuses to sign a "Form 4" which allows
the federal government to check an individual in order to determine
whether or not that individual would be allowed to have one under
the federal law. He hopes that the bill passes out of the
committee today.
Number 0289
REPRESENTATIVE MURKOWSKI asked Mr. Row (ph) whether he has a permit
to carry a concealed handgun.
MR. ROW (PH) replied yes.
CHAIRMAN KOTT noted that the sponsor is in agreement with the House
proposed committee substitute.
Number 0325
REPRESENTATIVE CROFT made a motion to move HCSSB 130(JUD) from the
committee with individual recommendations and the attached fiscal
note(s). There being no objection, it was so moved from the House
Judiciary Standing Committee.
CSSB 100(FIN) - REIMBURSEMENT FOR PUBLIC DEFENDER
CHAIRMAN KOTT announced the next order of business is CS FOR SENATE
BILL NO. 100(FIN), "An Act relating to the payment by indigent
persons for legal services and related costs."
CHAIRMAN KOTT noted that there is a House proposed committee
substitute and that the departments are onboard with the changes.
Number 0395
REPRESENTATIVE ROKEBERG moved to adopt the House proposed committee
substitute for CSSB 100(JUD), Version 1-LS0560\K, Luckhaupt,
5/16/99. There being no objection, it was so adopted.
Number 0419
CHAIRMAN KOTT noted that the House proposed committee substitute
restricts the application of the fees for the services provided in
the criminal side. It indicates that the court "may" enter into a
judgment by removing the word "shall." It also changes the word
"may" to "shall" in the area where the court may determine as to
whether or not there shall be a fee subject to a payment schedule,
and in the area where the court shall allow a person subject to a
judgment to petition at anytime for the remission, reduction, or
deferral of an unpaid portion.
Number 0513
REPRESENTATIVE GREEN made a motion to move the proposed House
committee substitute for CSSB 100(JUD) [1-LS0560\K, Luckhaupt,
5/16/99] from the committee with individual recommendations and the
attached fiscal note(s).
REPRESENTATIVE CROFT objected. It seems that taking out the
distinction of when convicting somebody and when they are found
innocent is inappropriate. In general, when the state accuses an
[indigent] person of committing a crime, it drags that person
through a lengthy court process when eventually a jury finds that
person "not guilty." He said, "And we're gonna say after all of
that, I accused you of a crime, you didn't have the money to defend
yourself, you were innocent. Now, I want all that money. And I
just think that's inappropriate public policy."
Number 0505
CHAIRMAN KOTT stated, hopefully, the courts will not place any
requirement on those who are wrongfully convicted to pay any fees
for services rendered.
CHAIRMAN KOTT called for a roll call vote. Representatives Green,
Rokeberg, James and Kott voted in favor of the motion.
Representatives Murkowski, Croft and Kerttula voted against the
motion. The motion passed with a vote of 4-3. The HCS CSSB
100(JUD) was so moved from the House Judiciary Standing Committee.
ADJOURNMENT
CHAIRMAN KOTT adjourned the House Judiciary Standing Committee
meeting at 1:30 p.m.
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