Legislature(1999 - 2000)

05/17/1999 01:22 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         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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