02/27/2013 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmatin Hearing(s): || Violent Crimes Compensation Board | |
| Board of Governors of the Alaska Bar | |
| Commission on Judicial Conduct | |
| Board of Governors of the Alaska Bar | |
| HB83 | |
| HB33 | |
| HB104 | |
| HB63 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 33 | TELECONFERENCED | |
| + | HB 104 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 83 | TELECONFERENCED | |
| = | HB 63 | ||
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 27, 2013
1:06 p.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Bob Lynn, Vice Chair
Representative Gabrielle LeDoux
Representative Charisse Millett
Representative Lance Pruitt
Representative Max Gruenberg
MEMBERS ABSENT
Representative Neal Foster
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Violent Crimes Compensation Board
Gerad G. Godfrey - Eagle River
- CONFIRMATION(S) ADVANCED
Board of Governors of the Alaska Bar
William J. Gordon - Fairbanks
- CONFIRMATION(S) ADVANCED
Commission on Judicial Conduct
Robert B. Groseclose - Fairbanks
- CONFIRMATION(S) ADVANCED
Board of Governors of the Alaska Bar
Adam R. Trombley - Anchorage
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 83
"An Act relating to certain federal statutes, regulations,
presidential executive orders, and secretarial orders; relating
to the duties of the attorney general; and providing for an
effective date."
- HEARD & HELD
HOUSE BILL NO. 33
"An Act adding definitions of 'gravity knife' and 'switchblade'
to the criminal law; and relating to reserving the authority to
regulate knives to the state with limited exceptions for
municipalities to regulate knives."
- MOVED HB 33 OUT OF COMMITTEE
HOUSE BILL NO. 104
"An Act relating to election practices and procedures; relating
to public records; relating to the election of an advisory
school board in a regional educational attendance area; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 63
"An Act extending the termination date of the Board of Governors
of the Alaska Bar Association; and providing for an effective
date."
- ADOPTED JUDICIARY LETTER OF INTENT; HB 63 WAS REPORTED
FROM COMMITTEE ON 2/25/13
PREVIOUS COMMITTEE ACTION
BILL: HB 83
SHORT TITLE: FEDERAL REGULATIONS & EXECUTIVE ORDERS
SPONSOR(S): REPRESENTATIVE(S) KELLER
01/22/13 (H) READ THE FIRST TIME - REFERRALS
01/22/13 (H) JUD
02/08/13 (H) JUD AT 1:00 PM CAPITOL 120
02/08/13 (H) Heard & Held
02/08/13 (H) MINUTE(JUD)
02/18/13 (H) JUD AT 1:00 PM CAPITOL 120
02/18/13 (H) Scheduled But Not Heard
02/25/13 (H) JUD AT 1:00 PM CAPITOL 120
02/25/13 (H) Scheduled But Not Heard
02/27/13 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 33
SHORT TITLE: KNIVES, GRAVITY KNIVES, & SWITCHBLADES
SPONSOR(S): REPRESENTATIVE(S) NEUMAN
01/16/13 (H) PREFILE RELEASED 1/7/13
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) JUD
02/27/13 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 104
SHORT TITLE: ELECTION PROCEDURES; REAA ADVISORY BOARDS
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
02/06/13 (H) READ THE FIRST TIME - REFERRALS
02/06/13 (H) STA, JUD
02/19/13 (H) STA AT 8:00 AM CAPITOL 106
02/19/13 (H) Moved CSHB 104(STA) Out of Committee
02/19/13 (H) MINUTE(STA)
02/20/13 (H) STA RPT CS(STA) NT 5DP 2NR
02/20/13 (H) DP: HUGHES, ISAACSON, GATTIS, KREISS-
TOMKINS, LYNN
02/20/13 (H) NR: MILLETT, KELLER
02/27/13 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 63
SHORT TITLE: EXTEND BAR ASS'N BOARD OF GOVERNORS
SPONSOR(S): HAWKER
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) JUD, FIN
02/25/13 (H) JUD AT 1:00 PM CAPITOL 120
02/25/13 (H) Moved Out of Committee
02/25/13 (H) MINUTE(JUD)
02/27/13 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
GERAD G. GODFREY, Appointee
Violent Crimes Compensation Board (VCCB)
Eagle River, Alaska
POSITION STATEMENT: Testified as appointee to the Violent
Crimes Compensation Board (VCCB).
WILLIAM J. GORDON, Appointee
Board of Governors of the Alaska Bar
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Governors of the Alaska Bar.
ROBERT B. GROSECLOSE, Appointee
Commission on Judicial Conduct (CJC)
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Commission on
Judicial Conduct (CJC).
ADAM R. TROMBLEY, Appointee
Board of Governors of the Alaska Bar
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Governors of the Alaska Bar.
JIM POUND, Staff
Representative Wes Keller
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided comments on HB 83 on behalf of the
sponsor, Representative Keller.
MICHAEL C. COONS
Palmer, Alaska
POSITION STATEMENT: Urged support and passage of HB 83.
REPRESENTATIVE MARK NEUMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 33.
REX SHATTUCK Staff
Representative Mark Neuman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Assisted with the presentation of HB 33 on
behalf of the sponsor, Representative Neuman.
TODD RATHNER, Director
Legislative Affairs
Knife Rights, Inc.
Tucson, Arizona
POSITION STATEMENT: Urged adoption of HB 33.
RAY THIBAULT, Owner
Northern Knives
Anchorage, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 33.
TOM WRIGHT, Staff
Representative Mike Chenault
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information regarding HB 104.
GAIL FENUMIAI, Director
Central Office
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Responded to questions during discussion of
HB 104.
ALPHEUS BULLARD, Attorney
Legislative Legal Counsel
Legislative Legal and Research Services
Legislative Affairs Agency (LAA)
Juneau, Alaska
POSITION STATEMENT: As the drafter of HB 104, provided comments
regarding Section 37 of the proposed committee substitute (CS),
Version O.
REPRESENTATIVE SHELLEY HUGHES
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During discussion of HB 104, recommended a
change to Version O.
ACTION NARRATIVE
1:06:14 PM
CHAIR WES KELLER called the House Judiciary Standing Committee
meeting to order at 1:06 p.m. Representatives Keller, LeDoux,
Lynn, and Pruitt were present at the call to order.
Representatives Millett and Gruenberg arrived as the meeting was
in progress. Representative Foster was excused.
^CONFIRMATIN HEARING(S):
^Violent Crimes Compensation Board
CONFIRMATION HEARING(S):
Violent Crimes Compensation Board
1:07:53 PM
CHAIR KELLER announced that the committee would first consider
the reappointment of Gerad G. Godfrey to the Violent Crimes
Compensation Board (VCCB).
1:08:26 PM
GERAD G. GODFREY, Appointee, Violent Crimes Compensation Board
(VCCB), after mentioning that he's served on the VCCB for the
past 10 years and found it to be gratifying work, relayed that
his interest in serving on the VCCB stemmed from his having
family members that were the victims of a violent crime.
CHAIR KELLER reminded members that signing the reports regarding
appointments to boards and commissions in no way reflects
individual members' approval or disapproval of the appointees,
and that the nominations are merely forwarded to the full
legislature for confirmation or rejection.
[The motion to advance from committee the nomination of Gerad G.
Godfrey to the Violent Crimes Compensation Board (VCCB) was
offered later in the meeting.]
^Board of Governors of the Alaska Bar
Board of Governors of the Alaska Bar
1:10:29 PM
CHAIR KELLER announced that the committee would next consider
the appointment of William J. Gordon to the Board of Governors
of the Alaska Bar.
1:10:58 PM
WILLIAM J. GORDON, Appointee, Board of Governors of the Alaska
Bar - after relaying that he's been what he termed a "consumer"
of legal services, and that while serving on the Alaska Judicial
Council (AJC), he gained knowledge about the legal profession in
Alaska - indicated that he was encouraged by others to consider
serving on the Board of Governors of the Alaska Bar, and that he
believes he can be of help to that organization, having attended
two of its meetings thus far [as appointee]. In response to a
question, he noted that all of the Board of Governors' actions
are subject to approval by the Alaska Supreme Court, and that
the Board of Governors is periodically subject to a sunset
review by the legislature.
[The motion to advance from committee the nomination of William
J. Gordon to the Board of Governors of the Alaska Bar was
offered later in the meeting.]
^Commission on Judicial Conduct
Commission on Judicial Conduct
1:16:25 PM
CHAIR KELLER announced that the committee would next consider
the appointment of Robert B. Groseclose to the Commission on
Judicial Conduct (CJC).
1:16:47 PM
ROBERT B. GROSECLOSE, Appointee, Commission on Judicial Conduct
(CJC), mentioned that he's been a member of the Alaska Bar
Association (ABA) since 1976, having served in many ABA
capacities, and that he has also served on the Alaska Judicial
Council (AJC) in the past. Characterizing Alaska's judicial-
selection process as second to none in the nation, he said he'd
be happy to serve on the CJC in order to ensure that the
judicial performance of Alaska's judges comports with the level
of excellence that Alaska has set in place, because everyone
benefits from having a strong judiciary, and everyone has a part
to play in ensuring its continuance.
REPRESENTATIVE GRUENBERG disclosed that he's worked with Mr.
Groseclose in the past, and offered his belief that Mr.
Groseclose would be good as a member of the CJC.
CHAIR KELLER again reminded members that signing the reports
regarding appointments to boards and commissions in no way
reflects individual members' approval or disapproval of the
appointees, and that the nominations are merely forwarded to the
full legislature for confirmation or rejection.
[The motion to advance from committee the nomination of Robert
B. Groseclose to the Commission on Judicial Conduct (CJC) was
offered later in the meeting.]
^Board of Governors of the Alaska Bar
Board of Governors of the Alaska Bar
1:26:39 PM
CHAIR KELLER announced that the committee would next consider
the appointment of Adam R. Trombley to the Board of Governors of
the Alaska Bar.
1:27:45 PM
ADAM R. TROMBLEY, Appointee, Board of Governors of the Alaska
Bar, relayed that he's been interested in serving the state in
some capacity, and that he's always had an interest in the law.
REPRESENTATIVE GRUENBERG disclosed that he knows Mr. Trombley,
and offered his belief that Mr. Trombley would do a good job
serving on the Board of Governors of the Alaska Bar.
MR. TROMBLEY, in response to questions, concurred with Mr.
Gordon that all of the Board of Governors' actions are subject
to approval by the Alaska Supreme Court; offered his
understanding that a lot of Alaska's attorneys already complete
more hours of continuing legal education (CLE) than is currently
required; and indicated that the Board of Governors doesn't like
the idea of a multi-state bar examination because none of the
nation's law schools teach Alaska law specifically.
REPRESENTATIVE LEDOUX disclosed that she's worked with
Mr. Trombley, and indicated concurrence with Representative
Gruenberg.
1:41:04 PM
REPRESENTATIVE LYNN made a motion to advance from committee the
nominations of: Gerad G. Godfrey to the Violent Crimes
Compensation Board (VCCB); William J. Gordon to the Board of
Governors of the Alaska Bar; Robert B. Groseclose to the
Commission on Judicial Conduct (CJC); and Adam R. Trombley to
the Board of Governors of the Alaska Bar. There being no
objection, the confirmations were advanced from the House
Judiciary Standing Committee.
HB 83 - FEDERAL REGULATIONS & EXECUTIVE ORDERS
1:42:09 PM
CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 83, "An Act relating to certain federal statutes,
regulations, presidential executive orders, and secretarial
orders; relating to the duties of the attorney general; and
providing for an effective date."
1:42:25 PM
JIM POUND, Staff, Representative Wes Keller, Alaska State
Legislature, on behalf of the sponsor, Representative Keller,
indicated that under HB 83, if the attorney general feels after
review that a federal statute, federal regulation, presidential
executive order, or secretarial order is unconstitutional or was
not properly adopted in accordance with federal statutory
authority, the attorney general shall notify the chairs of the
House and Senate Standing Judiciary Committees, which may then
consider whether legislative action is warranted. In response
to a question, he explained that the attorney general's
notification would come in the form of a report [as outlined in
Section 4's proposed new AS 44.23.020(h)(1)-(4)].
CHAIR KELLER, as the sponsor of HB 83 and in response to
comments, clarified that the bill itself doesn't specify what
legislative action the House and Senate Standing Judiciary
Committees might then take. In response to questions and
further comments, he concurred that the bill basically addresses
notification, and explained that under Section 4 of the bill, it
would be mandatory for the attorney general - under the existing
process - to continue reviewing federal statutes, federal
regulations, presidential executive orders, and secretarial
orders. It is not his intention, he assured the committee, to
impose a burden on the Department of Law (DOL) other than to
require it to furnish the aforementioned report. He surmised
that that's why the DOL has submitted a zero fiscal note for
HB 83.
REPRESENTATIVE GRUENBERG expressed interest in having the DOL
address its fiscal note specifically in light of that reporting
requirement.
1:51:43 PM
MICHAEL C. COONS offered his belief that there is a general
misconception that any statute passed by legislators bearing the
appearance of law does indeed constitute the law of the land.
However, for any statute to be valid, it must comport with the
U.S. Constitution - the supreme law of the land. He paraphrased
language from select U.S. Supreme Court rulings in support of
that concept:
Where rights secured by the Constitution are involved,
there can be no rulemaking or legislation which would
abrogate them. Miranda v. Arizona, 384 U.S. 436
(1966)
An unconstitutional act is not a law; it confers no
rights; it imposes no duties; it affords no
protection; it creates no office; it is in legal
contemplation as inoperative as though it had never
been passed. Norton v. Shelby County, 118 U.S. 425
(1886)
Certainly all those who have framed written
Constitutions contemplate them as forming the
fundamental and paramount law of the nation, and
consequently the theory of every such government must
be that an act of the Legislature repugnant to the
Constitution is void. Marbury v. Madison, 5 U.S. 1
Cranch 137 137 (1803)
MR. COONS, in conclusion, indicated disfavor with certain
actions taken at both the state and federal level and distrust
of those taking the federal actions; referencing the Tenth
Amendment to the U.S. Constitution, offered his belief that the
bill could potentially stop such actions in the future and help
Alaska recover from those already taken; and urged full support
and passage of HB 83.
REPRESENTATIVE LYNN questioned whether any given measure could
be ruled unconstitutional by other than a supreme court.
CHAIR KELLER noted that some folks believe that others can and
should do so.
REPRESENTATIVE LYNN indicated that he would be comfortable
receiving a report from the attorney general as outlined under
Section 4 of the bill.
REPRESENTATIVE GRUENBERG indicated favor with Sections 3 and 4
of the bill, but disfavor with Section 2 of the bill,
characterizing the language therein that reads, "may not be
considered to preempt a state law" as somewhat vague.
CHAIR KELLER ascertained that no one else wished to testify and
closed public testimony on HB 83.
REPRESENTATIVE LYNN said he supports HB 83.
The committee took a brief at-ease.
CHAIR KELLER, in response to comments, relayed that HB 83 would
be held over.
HB 33 - KNIVES, GRAVITY KNIVES, & SWITCHBLADES
2:05:33 PM
CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 33, "An Act adding definitions of 'gravity knife'
and 'switchblade' to the criminal law; and relating to reserving
the authority to regulate knives to the state with limited
exceptions for municipalities to regulate knives."
2:05:47 PM
REPRESENTATIVE MARK NEUMAN, Alaska State Legislature, sponsor,
indicated that HB 33 would clarify that [knives with a spring,
detent, or other mechanism designed to create a bias toward
closure, such as those on] hunting, fishing, and utility knives,
do not qualify as [either gravity knives or] switchblades -
prohibited under state law - and can therefore be owned legally.
Rulings by the court indicate that Alaska's criminal statutes
warrant clarification with regard to what constitutes a gravity
knife or a switchblade for purposes of prosecution, and so the
goal with HB 33 is to provide that clarification [by defining
those terms in AS 11.81.900(b)]. He mentioned that some other
states have also addressed this issue; characterized [knives
with a spring, detent, or other mechanism designed to create a
bias toward closure, such as those on hunting, fishing, and
utility knives] as important tools for working Alaskans; offered
his belief that HB 33 would provide protection to Alaskans who
carry such knives; and indicated that the bill also addresses
the state's right [to regulate knives].
2:08:20 PM
REX SHATTUCK Staff, Representative Mark Neuman, Alaska State
Legislature, on behalf of the sponsor, Representative Neuman,
explained that Section 1 of HB 33 would add new paragraphs (65)
and (66) to AS 11.81.900(b), respectively defining the terms,
"gravity knife" and "switchblade"; both of these definitions
include language specifying that such a knife does not include
[one with a spring, detent, or other mechanism designed to
create a bias toward closure that requires a person to apply
exertion to the blade by hand, wrist, or arm to overcome the
bias toward closure and open the blade]. Sections 2, 3, and 4
of HB 33 would, respectively, add a reference to knives to
AS 29.10.200(40) - addressing a limitation of home rule powers -
and to AS 29.35.145(a) and (b) - addressing the regulation of
firearms - thereby stipulating that the authority to regulate
knives is reserved to the state and limiting municipal
ordinances addressing knives.
MR. SHATTUCK explained that both AS 11.61.210(a)(5) and
AS 11.61.220(a)(5) - addressing the existing class A and class B
misdemeanor crimes of misconduct involving weapons in the fourth
and fifth degree, respectively - reference both gravity knives
and switchblades, but don't define them. Again, Section 1 of
HB 33 would provide those definitions. He noted that members'
packets contain a memorandum from Legislative Legal and Research
Services that references two court cases wherein the [Alaska
Court of Appeals] mentioned Alaska's current lack of a statutory
definition for the terms, "gravity knife" and "switchblade" -
State v. Weaver, 736 P.2d 781 (Alaska Ct. App. 1987), and State
v. Strange, 785 P.2d 563 (Alaska Ct. App. 1990). He offered his
understanding that under both federal law and the bill's
proposed definition, a switchblade would not be a knife with a
spring, detent, or other mechanism designed to create a bias
toward closure that requires a person to apply exertion to the
blade by hand, wrist, or arm to overcome the bias toward closure
and open the blade. He then demonstrated opening and closing
various knives brought as examples.
MR. SHATTUCK, in conclusion, ventured that HB 33 would protect
Alaskans by providing definitions for the terms, "gravity knife"
and "switchblade", and by ensuring that the laws pertaining to
knives are uniform throughout Alaska.
2:19:21 PM
TODD RATHNER, Director, Legislative Affairs, Knife Rights, Inc.
- mentioning that his organization has filed a lawsuit against
the city of New York asserting civil rights violations, and has
been working at the local level in numerous states to address
uniformity in their laws pertaining to knives - offered his
belief that some people around the country are being wrongfully
arrested for carrying a so-called illegal knife simply because
of inadequate statutory/regulatory definitions. In a rural
state like Alaska, carrying a knife of some kind, in addition to
being common, is practically a necessity, and HB 33 would
clearly define what is and what is not either a "gravity knife"
or a "switchblade", and would stipulate that the authority to
regulate knives is reserved to the state, thereby eliminating
confusion for both law enforcement and citizens. In conclusion,
he urged adoption of HB 33.
2:21:40 PM
RAY THIBAULT, Owner, Northern Knives, expressed agreement with
the previous speakers, adding that as the owner of a retail
store selling knives, he is frequently asked to define what
constitutes a "gravity knife" or a "switchblade" and which
knives are legal to own/carry, and thus HB 33 would help by
clarifying what is meant by those terms.
REPRESENTATIVE NEUMAN, in response to a question and in
conclusion, indicated that the goal of HB 33 is to clarify state
law at it pertains to knives.
2:25:00 PM
REPRESENTATIVE LYNN moved to report HB 33 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 33 was reported from the House
Judiciary Standing Committee.
The committee took an at-ease from 2:26 p.m. to 2:27 p.m.
HB 104 - ELECTION PROCEDURES; REAA ADVISORY BOARDS
2:27:01 PM
CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 104, "An Act relating to election practices and
procedures; relating to the election of an advisory school board
in a regional educational attendance area; and providing for an
effective date." [Before the committee was CSHB 104(STA).]
2:27:45 PM
REPRESENTATIVE LYNN moved to adopt the proposed committee
substitute (CS) for HB 104, Version 28-GH1983\O, Bullard,
2/27/13, as the working document. There being no objection,
Version O was before the committee.
2:28:24 PM
TOM WRIGHT, Staff, Representative Mike Chenault, Alaska State
Legislature, referred to Version O's proposed repeal and
reenactment of AS 15.25.150 via Section 24, and explained that
this provision would address an issue that's arisen with regard
to candidates for political office seeking nomination by
petition, whose names appear only on the ballot for the general
election and who [therefore may not necessarily have submitted
their documents in time to] be subject to the same campaign-
disclosure [deadlines] as candidates whose names appear on the
ballot for the primary election. Under Section 24's proposed
changes to AS 15.25.150, candidates seeking nomination by
petition would be required to submit their documents by June 1
and thereby be subject to the same campaign-disclosure
[deadlines] as all other candidates [except write-in
candidates].
CHAIR KELLER characterized Version O's Section 24 as an
improvement.
REPRESENTATIVE LEDOUX indicated favor with Section 24's proposed
changes.
MR. WRIGHT mentioned that the Alaska Public Offices Commission
(APOC), after having spoken with the drafter, now concurs that
Section 24 accomplishes the intended goal. In response to
questions, he relayed that [Section 24 of the bill] would not
apply to write-in candidates, and reiterated that its proposed
changes to AS 15.25.150 would result in all candidates [except
write-in candidates] being subject to the same disclosure
deadlines.
2:35:54 PM
GAIL FENUMIAI, Director, Central Office, Division of Elections,
Office of the Lieutenant Governor, added that under current law,
candidates seeking nomination by petition must file their
[declaration of candidacy] by June 1, and must submit the
required documents by 5:00 p.m. on the day of the primary
election. Under both current law and under Section 24's
proposed changes to AS 15.25.150, any candidate seeking
nomination by petition who misses the June 1 deadline would
instead have to run as a write-in candidate. In response to
further questions, she clarified that under existing Alaska law,
a candidate must [sign under oath] that he/she "is not a
candidate for any other office to be voted on at the primary or
general election and that the candidate is not a candidate for
this office under any other nominating petition or declaration
of candidacy"; and concurred that under Section 24, all
candidates [except for write-in candidates] would be subject to
the same disclosure deadlines.
2:44:06 PM
ALPHEUS BULLARD, Attorney, Legislative Legal Counsel,
Legislative Legal and Research Services, Legislative Affairs
Agency (LAA), as the drafter of HB 104, paraphrased Version O's
Section 37 - proposing to add a new subsection (h) to
AS 15.58.030 - and explained that its requirements regarding
posting candidate photographs and statements on the Division of
Election's Internet web site pertains to those of candidates
running for the office of U.S. President, U.S. Vice President,
U.S. senator, U.S. representative, governor, lieutenant
governor, state senator, or state representative, and to those
of judges and justices seeking retention; Version O's Section 37
reads:
(h) The lieutenant governor shall prepare and publish
on the division's Internet website the photograph and
statement of a candidate for an office designated
under (a), (b), or (g) of this section. The
lieutenant governor shall indicate that the photograph
and statement are provided and paid for by the
candidate. A photograph and a statement of a
candidate that have been timely filed with the
lieutenant governor shall be published on the website
at least 15 days before an election at which the
candidate will appear on the ballot.
REPRESENTATIVE GRUENBERG questioned whether Section 37 could be
changed to require candidates' photographs and statements to be
published on the web site earlier than 15 days before the
election.
MS. FENUMIAI explained that 15 days was chosen because the
division knew it could meet that deadline, particularly given
that the majority of candidates submit items on the very last
day possible, and it takes a great deal of time to get those
items into a format suitable for publishing as required.
Changing the bill such that those items would have to be
published immediately upon receipt, for example, would not be
practical for the division, she warned. In response to a
question, she indicated that the election pamphlet for the
general election is available online about three weeks before a
general election, and that for last year's primary election, for
example, candidates' photographs and statements were available
online about two weeks before the primary election.
REPRESENTATIVE PRUITT referred, then, to Sections 27-32 of
Version O - proposing changes to how vacancies in the office of
U.S. senator or U.S. representative are filled, via conforming
changes to AS 15.40.140, the creation of new AS 15.40.141 and
AS 15.40.142, and conforming changes to AS 15.40.160,
AS 15.40.165, AS 15.40.170, and AS 15.40.220 - and indicated
that the proposed new procedures and voting requirements
pertaining to special elections and special runoff elections for
such congressional seats somewhat model what occurs at the
municipal level in Anchorage.
REPRESENTATIVE MILLETT referred, then, to what she termed,
"running from a safe seat," and noted that incumbent state
representatives cannot, and that the bill doesn't yet address
that issue.
2:58:25 PM
REPRESENTATIVE SHELLEY HUGHES, Alaska State Legislature,
referring to Version O's proposed change to AS 15.20.081(e) -
deleting the reference to AS 15.20.081(h) contained therein -
and proposed repeal of AS 15.20.081(h) via Sections 9 and 41,
respectively, requested that HB 104 be changed such that
[proposed AS 15.20.081] would stipulate that [mailed] absentee
ballots may not be counted unless received by the close of
business on the fifteenth day after the election. Currently the
bill is proposing a ten-day deadline for [all such mailed]
absentee ballots, whereas existing law provides for [both a ten-
day deadline for those absentee ballots mailed from within the
U.S., and] a fifteen-day deadline for those absentee ballots
mailed from outside the U.S. or from a qualified overseas voter.
She offered her understanding that for the 2012 election, for
example, several valid absentee ballots which were counted would
not have been under the bill's current proposed changes [to the
deadline]. All who mail in an absentee ballot, she opined,
should be subject to the same rules regardless of where they
mail their ballot from.
[HB 104, Version O, was held over.]
HB 63 - EXTEND BAR ASS'N BOARD OF GOVERNORS
3:02:45 PM
CHAIR KELLER announced that the final order of business would be
HOUSE BILL NO. 63, "An Act extending the termination date of the
Board of Governors of the Alaska Bar Association; and providing
for an effective date." [HB 63 was previously reported from the
House Judiciary Standing Committee on 2/25/13.]
REPRESENTATIVE GRUENBERG made a motion to adopt a letter of
intent for HB 63, included in members' packets; that letter of
intent read in part [original punctuation provided]:
Letter of Intent to Accompany House Bill 63 (Extend
Bar Association Sunset Date)
A critical function of the Alaska Bar Association is
the continuing legal education (CLE) of its
membership. CLE contributes to lawyer competence and
benefits the public and the profession by ensuring
that attorneys remain current regarding the law, the
profession's obligations and standards, and the
management of their law practices.
Accordingly, the Alaska Legislature respectfully
recommends that the Alaska Supreme Court increase the
number of Mandatory Continuing Legal Education (MCLE)
credit hours for active members of the Alaska Bar
Association.
Offered in the House Judiciary Committee--February 27,
2013.
REPRESENTATIVE PRUITT objected.
REPRESENTATIVE GRUENBERG explained that the letter of intent was
drafted by the Alaska Bar Association (ABA) at his request, and
that the letter merely asks the Alaska Supreme Court to increase
the number of mandatory CLE credits required for members of the
ABA.
CHAIR KELLER pointed out that currently HB 63 is only proposing
to extend the termination date of the Board of Governors of the
Alaska Bar Association.
REPRESENTATIVE GRUENBERG, in response to comments, offered his
belief that it's very important to encourage the ABA "to do
this," and characterized HB 63 as a good vehicle by which to do
so.
REPRESENTATIVE PRUITT removed his objection to the motion.
CHAIR KELLER indicated that the letter of intent for HB 63 was
adopted. [HB 63 was previously reported from the House
Judiciary Standing Committee on 2/25/13.]
3:04:33 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:04 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Alaska Bar - Gordon #3.pdf |
HJUD 2/27/2013 1:00:00 PM |
|
| Alaska Bar - Trombley #3.pdf |
HJUD 2/27/2013 1:00:00 PM |
|
| Judicial Conduct - Groseclose #3.pdf |
HJUD 2/27/2013 1:00:00 PM |
|
| Violent Crimes - Godfrey #3.pdf |
HJUD 2/27/2013 1:00:00 PM |
|
| HB 33 Sponsor Statement.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
| HB 33 ver U.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
| HB33 Fiscal Note-Department of Commerce.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
| HB 33 Fiscal Note-Public Defenders Agency.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
| HB 33 Fiscal Note-Office of Public Advocacy.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
| HB 33 Fiscal Note-Department of Law.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
| HB 33 Gravity & Switchblade Knife Definitions.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
| HB 104 H(JUD) Hearing Request Letter.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
| 03 Gov Transmittal Letter HB 104.PDF |
HJUD 2/27/2013 1:00:00 PM HSTA 2/19/2013 8:00:00 AM |
HB 104 |
| CSHB 104(STA) sectional analysis.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
| CSHB 104(STA).pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
| HB104.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
| HB 104 Draft Amendment Version A.1.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
| HB 104 Draft Amendment ver C.1.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
| Explanation for Draft Amendment C.1.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
| CSHB 104(STA) witness list.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
| HSTA Committee Report HB 104 2-19-2013.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |