Legislature(1993 - 1994)

02/28/1994 01:15 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
               HOUSE JUDICIARY STANDING COMMITTEE                              
                        February 28, 1994                                      
                            1:15 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Brian Porter, Chairman                                                  
  Rep. Jeannette James, Vice-Chair                                             
  Rep. Gail Phillips                                                           
  Rep. Pete Kott                                                               
  Rep. Joe Green                                                               
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Rep. Jim Nordlund                                                            
  Rep. Cliff Davidson                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HB 316:   "An Act adopting the Uniform Statutory Rule                        
            Against Perpetuities; and providing for an                         
            effective date."                                                   
                                                                               
            MOVED OUT OF COMMITTEE                                             
                                                                               
  *HB 334:  "An Act relating to criminal sentencing; and                       
            relating to mandatory life imprisonment, parole,                   
            good time credit, pardon, commutation of sentence,                 
            reprieve, furlough, and service of sentence at a                   
            correctional restitution center for offenders with                 
            at least three serious felony convictions."                        
                                                                               
            HEARD AND HELD IN COMMITTEE                                        
                                                                               
  Confirmation of Ethel Staton to the Board of Governor's of                   
  the Alaska Bar.                                                              
                                                                               
  Confirmation of Laurie Dahms to the Violent Crimes                           
  Compensation Board.                                                          
                                                                               
  Confirmation of Janice Leinhart to the Judicial Council.                     
                                                                               
  Confirmation of Robert Congdon to the Violent Crimes                         
  Compensation Board.                                                          
                                                                               
  Confirmation of Jeffrey Feldman to the Commission on                         
  Judicial Conduct.                                                            
                                                                               
  HB 162:   "An Act authorizing capital punishment,                            
            classifying murder in the first degree as a                        
            capital felony, and establishing sentencing                        
            procedures for capital felonies; authorizing an                    
            advisory vote on instituting capital punishment;                   
            and providing for an effective date."                              
                                                                               
            SSHB 162 MOVED OUT OF COMMITTEE                                    
                                                                               
  (* First public hearing.)                                                    
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  TIM BENINTENDI                                                               
  Legislative Assistant                                                        
  Rep. Carl Moses                                                              
  Alaska State Legislature                                                     
  State Capitol                                                                
  Juneau, AK 99801-1182                                                        
  465-3764                                                                     
  Position Statement:  Testified on HB 316 on behalf of                        
                       prime sponsor                                           
                                                                               
  ART PETERSON                                                                 
  National Conference of Commissioners for Uniform state Laws                  
  350 N. Franklin St.                                                          
  Juneau, AK 99801                                                             
  586-4000                                                                     
  Position Statement:  Testified on HB 316                                     
                                                                               
  REP. CON BUNDE                                                               
  Alaska State Legislature                                                     
  State Capitol                                                                
  Juneau, AK 99801-1182                                                        
  465-4843                                                                     
  Position Statement:  Prime Sponsor of HB 334                                 
                                                                               
  DANIELLA LOPER                                                               
  Committee Aide                                                               
  House Judiciary Committee                                                    
  Alaska State Legislature                                                     
  State Capitol                                                                
  Juneau, AK 99801-1182                                                        
  Position Statement:  Asked question on HB 334                                
                                                                               
  DEAN GUANELI                                                                 
  Assistant Attorney General                                                   
  Criminal Division                                                            
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, AK 99801-0300                                                        
  465-4049                                                                     
  Position Statement:  Testified on HB 334                                     
                                                                               
  JUDGE JIM HANSEN                                                             
  Superior Court                                                               
  303 K Street                                                                 
  Anchorage, AK 99501                                                          
  264-0440                                                                     
  Position Statement:  Testified on HB 334                                     
                                                                               
  ED McNALLY                                                                   
  District Attorney                                                            
  310 K Street                                                                 
  Anchorage, AK 99501-1975                                                     
  269-6300                                                                     
  Position Statement:  Testified on HB 334                                     
                                                                               
  JANICE LIENHART                                                              
  Victim's for Justice                                                         
  619 E. 5th Avenue                                                            
  Anchorage, AK 99501                                                          
  278-0977                                                                     
  Position Statement:  Testified on HB 334                                     
                                                                               
  ETHEL STATON                                                                 
  P.O. Box 829                                                                 
  Sitka, AK 99835                                                              
  747-8136                                                                     
  Position Statement:  Testified via teleconference                            
                                                                               
  LAURIE DAHMS                                                                 
  425 Dahlia, Suite L                                                          
  Palmer, AK 99645                                                             
  745-1777                                                                     
  Position Statement:  Testified via teleconference                            
                                                                               
  JANICE LEINHART                                                              
  619 East Fifth Ave.                                                          
  Anchorage, AK 99501                                                          
  Position Statement:  Testified via teleconference                            
                                                                               
  ROBERT COGDON                                                                
  7300 South Park Drive                                                        
  Anchorage, AK 99516                                                          
  Position Statement:  Testified via offnet                                    
                                                                               
  JEFFREY FELDMAN                                                              
  500 L Street, Suite 400                                                      
  Anchorage, AK 99501                                                          
  Position Statement:  Testified via offnet                                    
                                                                               
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 316                                                                
  SHORT TITLE: RULE AGAINST PERPETUITIES                                       
  SPONSOR(S): REPRESENTATIVE(S) MOSES                                          
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/03/94      2009    (H)   PREFILE RELEASED                                 
  01/10/94      2009    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/10/94      2010    (H)   JUDICIARY                                        
  02/14/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
  02/28/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 334                                                                
  SHORT TITLE: SENTENCING;3RD SERIOUS FELONY OFFENDER                          
  SPONSOR(S): REPRESENTATIVE(S) BUNDE,Olberg,Porter                            
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/03/94      2014    (H)   PREFILE RELEASED                                 
  01/10/94      2014    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/10/94      2015    (H)   JUDICIARY, FINANCE                               
  02/28/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 162                                                                
  SHORT TITLE: CAPITAL PUNISHMENT FOR MURDER                                   
  BILL VERSION: SSHB 162                                                       
  SPONSOR(S): REPRESENTATIVE(S) SANDERS,Olberg,Bunde,Kott,                     
  Vezey,James                                                                  
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  02/18/93       380    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/18/93       380    (H)   JUDICIARY, FINANCE                               
  02/22/93       421    (H)   COSPONSOR(S): BUNDE                              
  02/24/93       445    (H)   COSPONSOR(S): KOTT                               
  03/01/93       495    (H)   COSPONSOR(S): VEZEY                              
  03/02/93       510    (H)   COSPONSOR(S): JAMES                              
  11/16/93              (H)   MINUTE(JUD)                                      
  11/16/93              (S)   MINUTE(JUD)                                      
  01/19/94      2109    (H)   SPONSOR SUBSTITUTE                               
                              INTRODUCED-REFERRALS                             
  01/26/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
  01/26/94              (H)   MINUTE(JUD)                                      
  01/28/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
  01/28/94              (H)   MINUTE(JUD)                                      
  01/31/94              (H)   MINUTE(JUD)                                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 94-29, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The House Judiciary  Standing Committee was called  to order                 
  at  1:25 p.m.  on Monday, February  28, 1994.   A quorum was                 
  present.  Chairman Porter announced that the committee would                 
  be hearing HB 316, HB 334, and HB 162.                                       
  HB 316 - RULE AGAINST PERPETUITIES                                           
                                                                               
  Number 030                                                                   
                                                                               
  TIM BENINTENDI, Legislative  Aide to Rep. Carl  Moses, Prime                 
  Sponsor of HB 316, said the  desirability of enacting HB 316                 
  centers on two main  criteria.  One is to  simply administer                 
  the estate in  trust and the  other is to reduce  perpetuity                 
  litigation.  He indicated that uniformity  of the rule among                 
  the states is  attractive because  the mobility of  American                 
  society  has generated a range of legal complexities in this                 
  area.  He indicated that passage of HB 316 would  add Alaska                 
  to 20 other  states which have adopted  the uniform language                 
  contained in HB 316.                                                         
                                                                               
  Number 077                                                                   
                                                                               
  REP. PHILLIPS asked for a simple explanation of the contents                 
  of HB 316.                                                                   
                                                                               
  Number 083                                                                   
                                                                               
  MR. BENINTENDI responded that HB  316 basically upgrades the                 
  body  of law  currently  in  Alaska  dealing with  the  rule                 
  against perpetuities.  He indicated the principal common law                 
  rule is  very short,  but it's  implications throughout  the                 
  statute dealing with  the rule are  very complex and HB  316                 
  simply adopts the  National Conference  of Commissioners  on                 
  Uniform State Laws' upgraded language.                                       
                                                                               
  Number 134                                                                   
                                                                               
  CHAIRMAN PORTER asked if there was a lay version of the rule                 
  against perpetuities.                                                        
                                                                               
  Number 157                                                                   
                                                                               
  ART  PETERSON,   Attorney,  appearing   as  a   Uniform  Law                 
  Commissioner for the  State of Alaska, testified  in support                 
  of HB  316.  He  indicated the lay  version of the  rule was                 
  contained in the legislation itself.   He remarked that  the                 
  rule against perpetuities  involves future interests;  i.e.,                 
  if you were to deed something  to your son for life, and  to                 
  your son's children when  your son dies, they have  a future                 
  interest and your  present deed conveys a  present interest.                 
  Then,  once  you  have conveyed  that  interest,  the future                 
  interest of those grandchildren is vested.  They then have a                 
  right to  that deed and  it can't  be taken away  from them.                 
  They have that vested future interest.  The policy of common                 
  law  that  gave   rise  to   this  difficult  rule   against                 
  perpetuities  was  that  we  don't  want  property  held  in                 
  perpetuity.  Generally,  we want that perpetuity  rapped up;                 
  i.e., life plus 21 years.  He indicated that on lines  8 and                 
  9 on page 1, nonvested property interest is invalid  unless,                 
  when  the  interest is  created, it  is  certain to  vest or                 
  terminate  no  later than  21 years  after  the death  of an                 
  individual then alive.   He indicated further that  on lines                 
  10   and  11,  you  don't  invalidate   just  for  the  mere                 
  possibility  that a  future child  is  born to  someone that                 
  would invalidate the whole thing.                                            
                                                                               
  Number 319                                                                   
                                                                               
  CHAIRMAN PORTER asked if in his will his property were to go                 
  to his son, and his son decides that that property, which he                 
  doesn't have yet, were  to go to his son, is  that his power                 
  of appointment or does he actually have to have it first?                    
                                                                               
  Number 340                                                                   
                                                                               
  MR. PETERSON  responded  that he  actually  has to  have  it                 
  first.                                                                       
                                                                               
  Number 353                                                                   
                                                                               
  CHAIRMAN PORTER then asked, if he bequeathed his property to                 
  his son and his son makes out a will that says he bequeathed                 
  it to his son, why is that somehow different than him having                 
  given the property to his son.                                               
                                                                               
  Number 356                                                                   
                                                                               
  MR. PETERSON responded that if you are still alive when your                 
  son dies, you have  the option of deciding or  changing your                 
  mind and selling the property, or  willing it to your second                 
  son.                                                                         
                                                                               
  Number 360                                                                   
                                                                               
  CHAIRMAN  PORTER  asked  for  an   example  of  a  nonvested                 
  interest.                                                                    
                                                                               
  Number 362                                                                   
                                                                               
  MR. PETERSON responded that one example  is where there is a                 
  power of appointment.  Another  would be if there is  an age                 
  contingency.    Another  example  would  be  if  you  had  a                 
  provision where your son wouldn't get the  property until he                 
  got married.                                                                 
                                                                               
  Number 428                                                                   
                                                                               
  REP. GREEN asked whether, if he granted you  something, when                 
  "I pass  on, you  have the  power of  authority because  its                 
  yours?"                                                                      
                                                                               
  Number 430                                                                   
                                                                               
  MR. PETERSON  responded that  that was  correct  "if it  was                 
  mine.   But because  of the kinds  of things  we are talking                 
  about here, I only have a life  interest, a right to get the                 
  income from this property, for example, during my life."                     
                                                                               
  Number 435                                                                   
                                                                               
  REP. GREEN asked whether you  couldn't divorce yourself from                 
  the thing until you die.                                                     
                                                                               
  MR.  PETERSON responded  that  yes, if  you  granted a  life                 
  estate, "then it's mine.   But if you give it  from Green to                 
  Peterson  for Peterson's  life,  then  to whomever  Peterson                 
  designates, that's different.  Then you've created that sort                 
  of future interest that the rule of perpetuities is going to                 
  regulate."                                                                   
                                                                               
  Number 458                                                                   
                                                                               
  REP. GREEN asked how he gives the property in fee simple  to                 
  you with  a life  estate and  then it goes  to somebody  you                 
  designate.                                                                   
                                                                               
  Number 461                                                                   
                                                                               
  MR. PETERSON responded that "what you've given me is not fee                 
  simple.  You've  only given me a  life estate.   That person                 
  down the line gets the fee simple."                                          
                                                                               
  Number 463                                                                   
                                                                               
  REP.  GREEN  said  that "without  designating  I  can divest                 
  myself of everything with only partial  to you and then you,                 
  in turn,  can obtain  full title  through this  designation;                 
  i.e., not having  control of  it, are you  giving away  more                 
  than you have?"                                                              
                                                                               
  Number 471                                                                   
                                                                               
  MR. PETERSON responded that "you are giving away more than I                 
  have.  All  I'm doing is appointing  the ultimate recipient,                 
  but it's your control that actually starts this process."                    
                                                                               
  Number 531                                                                   
                                                                               
  DANIELLA LOPER,  House Judiciary Committee Aide, asked where                 
  the common law rule against perpetuities limit all trusts to                 
  a 90 year period.                                                            
                                                                               
  Number 539                                                                   
                                                                               
  MR.  PETERSON responded that the use  of a flat period of 90                 
  years simplifies  the process  of measuring the  permissible                 
  vesting   period  for  the  wait   and  see  element.    The                 
  alternative would be to measure the period on a case by case                 
  basis,  called the "measuring  lies approach."   The 90 year                 
  period  is  designed to  approximate  the average  margin of                 
  safety period provided under  the wait and see method  using                 
  actual  measuring  lives   or  by  traditional  perpetuities                 
  savings clauses.                                                             
                                                                               
  Number 586                                                                   
                                                                               
  CHAIRMAN  PORTER  asked  whether   there  were  any  further                 
  questions regarding the rule of perpetuities.                                
                                                                               
  Number 594                                                                   
                                                                               
  REP. GREEN moved  that HB  316 be moved  from the  Judiciary                 
  Committee with individual recommendations.                                   
                                                                               
  Number 596                                                                   
                                                                               
  CHAIRMAN  PORTER   asked  for  further  discussion  and  any                 
  objections.  Hearing none,  he declared HB 316 moved  out of                 
  committee.                                                                   
  HB 334 - SENTENCING; 3RD SERIOUS FELONY OFFENDER                             
                                                                               
  Number 619                                                                   
                                                                               
  REP. CON BUNDE, Prime Sponsor of  HB 334, testified that the                 
  intent of  this  legislation is  to  deal with  the  violent                 
  predator in  our  society.   He  further  stated  that  this                 
  legislation would not affect a great deal of people, perhaps                 
  six per year.  Rep. Bunde indicated that there was a  CS for                 
  HB 334 and asked the committee if they could address the CS.                 
                                                                               
  Number 635                                                                   
                                                                               
  REP. GREEN moved that the committee adopt the CS for  HB 334                 
  as the document of record.                                                   
                                                                               
  Number 636                                                                   
                                                                               
  CHAIRMAN PORTER moved the CS as being before the committee.                  
                                                                               
  Number 639                                                                   
                                                                               
  REP. BUNDE  indicated that the  CS addresses several  of the                 
  problems   raised   by   the   Department   of   Law;  i.e.,                 
  prosecutorial discretion, constitutional questions, and some                 
  problems  that have  been addressed  in other  states.   The                 
  point he wanted to make was that the intent of the  bill was                 
  not to  make someone  who gets  into trouble  with the  IRS,                 
  defaces something in  the post office,  etc., it is not  the                 
  intent  to put them  in jail for  life.  What  he is talking                 
  about  here  is  violent  offenders  who are  what  we  call                 
  predators  and  repeat  offenders who  are  causing  a large                 
  portion of the crime and endangering society.                                
                                                                               
  Number 674                                                                   
                                                                               
  DEAN GUANELI, Assistant Attorney General, Criminal Division,                 
  Department of  Law, testified that  the committee substitute                 
  requires a  99 year  mandatory sentence  for someone  who is                 
  convicted of a Class  A or Unclassified felony, and  who has                 
  been  previously  convicted  of  similar offenses  at  least                 
  twice.    He   further  testified   that  this  bill   gives                 
  prosecutors  some  prosecutorial   discretion  in   deciding                 
  whether to proceed with  this mandatory sentencing provision                 
  or not and he feels that  consideration is very important in                 
  order to eliminate,  perhaps, some unjust result  that might                 
  occur.   He further  indicated the  bill  requires that  the                 
  third felony be an unclassified offense.                                     
                                                                               
  Number 776                                                                   
                                                                               
  JUDGE JIM  HANSEN, Superior Court,  Anchorage, testified via                 
  teleconference  in support  of the  legislation and  further                 
  testified that HB  334 would be a good tool to use and he is                 
  pleased that prosecutorial discretion is  a component of the                 
  legislation.  Specifically, Judge  Hansen testified that  on                 
  page 4, line 26, adding the  word "similar" and deleting the                 
  words  "substantially  identical" would  create difficulties                 
  for the court.                                                               
                                                                               
  REP. GREEN asked  if there would be any benefit  of having a                 
  mandatory life  or another  15 year  sentencing addition  to                 
  present  law  that  would  lock  up  an individual  for  the                 
  remainder of his life.                                                       
                                                                               
  MR. GUANELI responded that the  first two "strikes" could be                 
  a class of lower felonies that would satisfy those first two                 
  strikes.  He then added that on the first felony conviction,                 
  an  individual might  only serve one  or so  years.   On the                 
  second felony, they might serve only four or so years, maybe                 
  more.   He felt  they were talking  about people who  are in                 
  their late twenty's  or early thirty's who would  commit the                 
  serious third felony.                                                        
  TAPE 94-29, SIDE B                                                           
  Number 006                                                                   
                                                                               
  CONFIRMATION  OF  ETHEL  STATON TO  BOARD  OF  GOVERNOR'S OF                 
  ALASKA BAR                                                                   
                                                                               
  Number 008                                                                   
                                                                               
  CHAIRMAN PORTER suspended  testimony on HB 334  and moved to                 
  take  up  confirmation  of  Ethel  Staton  to the  Board  of                 
  Governor's of the Alaska Bar Association.                                    
                                                                               
  Number 078                                                                   
                                                                               
  ETHEL STATON testified via  teleconference on her background                 
  and life in Alaska.                                                          
                                                                               
  Number 105                                                                   
                                                                               
  CHAIRMAN PORTER asked  Ms. Staton if  she was familiar  with                 
  the function of the Alaska Bar.                                              
                                                                               
  Number 111                                                                   
                                                                               
  MS. STATON responded that  she has served on the  Alaska Bar                 
  Board over the past two years.                                               
                                                                               
  Number 120                                                                   
                                                                               
  REP. JAMES  moved that Ethel Staton's name be forwarded with                 
  individual recommendations.                                                  
                                                                               
  Number 130                                                                   
                                                                               
  CHAIRMAN PORTER  asked  for objections;  and  hearing  none,                 
  moved the confirmation of Ethel Staton from committee.                       
                                                                               
  CONFIRMATION  OF   LAURIE  DAHMS   TO  THE   VIOLENT  CRIMES                 
  COMPENSATION BOARD                                                           
                                                                               
  Number 140                                                                   
                                                                               
  CHAIRMAN PORTER brought up Laurie  Dahms' appointment to the                 
  Violent Crimes Compensation Board.                                           
                                                                               
  Number 149                                                                   
                                                                               
  LAURIE DAHMS  provided background information  and indicated                 
  she  has  been serving  on  the Violent  Crimes Compensation                 
  Board for the  past six months  and enjoys dealing with  the                 
  various issues that come before the board.                                   
                                                                               
  Number 179                                                                   
                                                                               
  REP.  JAMES  moved  the confirmation  of  Laurie  Dahms from                 
  committee with individual recommendations.                                   
                                                                               
  CHAIRMAN  PORTER  asked if  there  were any  objections; and                 
  hearing none,  the confirmation  of Laurie  Dahms was  moved                 
  from committee.                                                              
                                                                               
  CONFIRMATION  OF  JANICE  LEINHART TO  THE  ALASKA  JUDICIAL                 
  COUNCIL                                                                      
                                                                               
  Number 196                                                                   
                                                                               
  CHAIRMAN  PORTER  next  brought  before  the  committee  the                 
  confirmation  of  Janice  Leinhart  to  the  Alaska Judicial                 
  Council.                                                                     
                                                                               
  Number 198                                                                   
                                                                               
  JANICE  LEINHART  testified  that  the  decision   that  the                 
  Judicial Council make are important  decisions and she feels                 
  her input from  a citizen's point of view could  be a viable                 
  part of the activities of the Judicial Council.                              
                                                                               
  Number 214                                                                   
                                                                               
  REP. JAMES moved the confirmation of  Janice Leinhart to the                 
  Judicial Council with individual recommendations.                            
                                                                               
  Number 219                                                                   
                                                                               
  CHAIRMAN  PORTER  asked if  there  were any  objections; and                 
  hearing none, moved the confirmation of Janice Leinhart from                 
  committee.                                                                   
                                                                               
  CONFIRMATION  OF  ROBERT  CONGDON  TO  THE  VIOLENT   CRIMES                 
  COMPENSATION BOARD                                                           
                                                                               
  Number 223                                                                   
                                                                               
  CHAIRMAN  PORTER  next  brought  before  the  committee  the                 
  confirmation  of  Robert  Congdon   to  the  Violent  Crimes                 
  Compensation Board.                                                          
                                                                               
  Number 227                                                                   
                                                                               
  ROBERT CONGDON testified  that he is an attorney  and serves                 
  currently as the  attorney representative to this board.  He                 
  further  stated that  he has  found the  experience on  this                 
  board to be  rewarding and  was pleased to  be nominated  to                 
  serve another term.                                                          
                                                                               
  Number 242                                                                   
                                                                               
  REP.  JAMES moved the confirmation of  Robert Congdon to the                 
  Violent   Crimes   Compensation   Board    with   individual                 
  recommendations.                                                             
                                                                               
  Number 245                                                                   
                                                                               
  CHAIRMAN  PORTER  asked if  there  were any  objections; and                 
  hearing none, the  confirmation of Robert Congdon  was moved                 
  from committee.                                                              
                                                                               
  CONFIRMATION  OF  JEFFREY  FELDMAN   TO  THE  COMMISSION  ON                 
  JUDICIAL COUNCIL                                                             
                                                                               
  Number 252                                                                   
                                                                               
  CHAIRMAN  PORTER  next  brought  before  the  committee  the                 
  confirmation  of  Jeffrey  Feldman  to  the  Commission   on                 
  Judicial Conduct.                                                            
                                                                               
  Number 257                                                                   
                                                                               
  JEFFREY  FELDMAN  testified  that  he   is  an  attorney  in                 
  Anchorage and appreciates  the opportunity  to serve on  the                 
  Board on behalf of the Governor.   He further indicated that                 
  he has worked with  the Ninth Circuit on various  issues and                 
  he feels he  has the experience  which is crucial to  ensure                 
  public confidence in the judicial system is maintained.                      
                                                                               
  Number 275                                                                   
                                                                               
  REP. JAMES moved  the confirmation  of Jeffrey Feldman  with                 
  individual recommendations.                                                  
                                                                               
  Number 282                                                                   
                                                                               
  CHAIRMAN  PORTER  asked  if there  were  any  objections and                 
  hearing none, the confirmation of  Jeffrey Feldman was moved                 
  from committee.                                                              
  HB 162 - CAPITAL PUNISHMENT FOR MURDER                                       
                                                                               
  Number 291                                                                   
                                                                               
  REP. PHILLIPS  moved to  rescind the  committee's action  in                 
  failing to move HB 162 from committee at this time.                          
                                                                               
  Number 295                                                                   
                                                                               
  CHAIRMAN PORTER asked for discussion on the motion.                          
                                                                               
  Number 298                                                                   
                                                                               
  REP. PHILLIPS,  in speaking  to the  motion, indicated  that                 
  when  she cast her vote on not moving HB 162 from committee,                 
  she did so  with the concern that the committee did not have                 
  testimony that concurred with the  feelings of the public on                 
  this  issue,  particularly from  the  Kenai Peninsula.   She                 
  further indicated, for the record, that  she had a file with                 
  132  direct  communications in  support  of  HB  162 and  39                 
  communications against HB  162 and asked that  this material                 
  be considered a part of the record.                                          
                                                                               
  Number 306                                                                   
                                                                               
  CHAIRMAN PORTER restated the motion before the committee and                 
  asked for  further discussion  or objection  to the  motion.                 
  Hearing none, HB 162 was brought before the committee.                       
                                                                               
  Number 345                                                                   
                                                                               
  REP.  JAMES  moved  Sponsor  Substitute   for  HB  162  from                 
  committee with individual recommendations.                                   
                                                                               
  Number 349                                                                   
                                                                               
  REP. GREEN objected to the motion.                                           
                                                                               
  REP. KOTT testified  that he  supported HB 162  and that  he                 
  firmly believed that  there were  individuals who  committed                 
  such heinous crimes that there was no hope for them and that                 
  there was then a need for the death penalty.                                 
                                                                               
  REP.  GREEN  testified that  he  felt there  were reasonable                 
  alternatives to keeping violent offenders away  from society                 
  without  instituting  a death  penalty  and that  the fiscal                 
  notes  indicated  that  it  was less  costly  to  keep  them                 
  incarcerated.    He  further expressed  concern  that  while                 
  public opinion may be overwhelming in  support of HB 162, he                 
  simply could not support such a measure.                                     
                                                                               
  Number 423                                                                   
                                                                               
  REP. JAMES testified that while she understood the arguments                 
  surrounding the cost of implementing a death penalty as well                 
  as  the moral  issues raised  surrounding HB  162, she  felt                 
  there  is  a  kind  of  crime,  such as  multiple  death  or                 
  dismemberment, that some  people do  to another person,  and                 
  there  should be a capital punishment law on the books.  She                 
  therefore felt obligated  to support public opinion  on this                 
  issue.                                                                       
                                                                               
  Number 455                                                                   
                                                                               
  REP. KOTT remarked that if you look at life imprisonment for                 
  a person who is twenty years old, if you were to look at the                 
  cost, you  would come  up with  about a  two million  dollar                 
  fiscal  note.  He  felt that the  potential was  there for a                 
  wash as far as the fiscal  ramifications were concerned.  He                 
  further  testified   that   he   felt   government   had   a                 
  responsibility to society  that says whether you  are behind                 
  bars  or  on  the  street,  government  should  protect  its                 
  citizens.  He felt HB 162  would show an effective deterrent                 
  and should be implemented.                                                   
                                                                               
  Number 494                                                                   
                                                                               
  CHAIRMAN PORTER testified  that he  would support moving  HB
  162 from committee,  but unless  he heard something  totally                 
  different   than  the   testimony   previously  before   the                 
  committee, he  felt that  the present  99-year sentence,  or                 
  life without parole, was  sufficient.  He further felt  that                 
  having been  affected by budgets  dealing with this  type of                 
  activity, he felt  we could not,  in good conscience,  spend                 
  money on someone who, in effect,  is not going to perpetrate                 
  any  more  crimes in  society.    He,  therefore, would  not                 
  support HB 162  if it were to come to the  House floor for a                 
  vote.                                                                        
                                                                               
  Number 544                                                                   
                                                                               
  REP. KOTT remarked  that the last  time this bill was  heard                 
  they did make an amendment that would take away the advisory                 
  vote  provision  of the  bill so  the  bill would  move from                 
  committee as a Sponsor Substitute for HB 162.                                
                                                                               
  Number 574                                                                   
                                                                               
  CHAIRMAN PORTER asked for  a roll call vote which  was taken                 
  as follows:                                                                  
                                                                               
  REP. GREEN     Yes                                                           
  REP. KOTT      Yes                                                           
  REP. PHILLIPS  Yes                                                           
  REP. JAMES     Yes                                                           
  REP. PORTER    Yes                                                           
                                                                               
  Number 579                                                                   
                                                                               
  CHAIRMAN PORTER declared that Sponsor  Substitute for HB 162                 
  amended Judiciary was moved from committee.                                  
                                                                               
  The House Judiciary Committee was adjourned at 2:42 p.m.                     

Document Name Date/Time Subjects