Legislature(1993 - 1994)

02/25/1993 08:00 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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             HOUSE STATE AFFAIRS STANDING COMMITTEE                            
                        February 25, 1993                                      
                            8:00 a.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Representative Al Vezey, Chairman                                            
  Representative Pete Kott, Vice Chairman                                      
  Representative Harley Olberg                                                 
  Representative Jerry Sanders                                                 
  Representative Gary Davis                                                    
  Representative Fran Ulmer, arriving late                                     
  Representative Bettye Davis                                                  
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  None                                                                         
                                                                               
  OTHER HOUSE MEMBERS PRESENT                                                  
                                                                               
  Representative Carl Moses                                                    
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  *HJR 25   Relating to implementation of the Aleutian                         
            Trade Act of 1990.                                                 
                                                                               
            MOVED OUT OF COMMITTEE WITH A DO PASS                              
            RECOMMENDATION                                                     
                                                                               
  *HB 152   "An Act relating to magistrate jurisdiction."                      
                                                                               
            COMMITTEE SUBSTITUTE MOVED OUT OF COMMITTEE WITH A                 
            DO PASS RECOMMENDATION                                             
                                                                               
  (* first public hearing)                                                     
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Representative Carl Moses                                                    
  Room 13, Capitol Building                                                    
  Juneau, Alaska  99811                                                        
  465-4986                                                                     
  Position Statement: Prime Sponsor of HJR 25                                  
                                                                               
  Charles S. "Chris" Christensen III                                           
  Staff Counsel, Alaska Court System                                           
  303 K Street                                                                 
  Anchorage, Alaska  99501                                                     
  (907) 264-8228                                                               
  Position Statement: Supported HB 152                                         
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HJR 25                                                                
  SHORT TITLE: IMPLEMENTING ALEUTIAN TRADE ACT OF 1990                         
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) MOSES                                          
  TITLE: Relating to implementation of the Aleutian Trade Act                  
  of 1990.                                                                     
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  02/05/93       234    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/05/93       234    (H)   STATE AFFAIRS, TRANSPORTATION                    
  02/24/93       441    (H)   TRA REFERRAL WAIVED                              
  02/25/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  02/25/93       451    (H)   STA RPT  7DP                                     
  02/25/93       451    (H)   DP: VEZEY, B.DAVIS, ULMER, KOTT                  
  02/25/93       451    (H)   DP: SANDERS G.DAVIS, OLBERG                      
  02/25/93       451    (H)   -ZERO FISCAL NOTE  (H.STA/LAA)                   
                              2/25/93                                          
  02/25/93       451    (H)   RULES TO CALENDAR  2/25/93                       
  02/25/93       458    (H)   READ THE SECOND TIME                             
  02/25/93       459    (H)   ADVANCED TO THIRD READING UNAN                   
                              CONSENT                                          
  02/25/93       459    (H)   READ THE THIRD TIME  HJR 25                      
  02/25/93       459    (H)   PASSED Y36 N1 E1 A2                              
  02/25/93       459    (H)   Phillips  NOTICE OF                              
                              RECONSIDERATION                                  
  02/25/93       462    (H)   RECON TAKEN UP SAME DAY  UNAN                    
                              CONSENT                                          
  02/25/93       462    (H)   PASSED ON RECONSIDERATION Y39                    
                              N- E1                                            
  02/25/93       464    (H)   TRANSMITTED TO (S)                               
                                                                               
                                                                               
  BILL:  HB 152                                                                
  SHORT TITLE: JURISDICTION OF MAGISTRATES                                     
  BILL VERSION:                                                                
  SPONSOR(S): JUDICIARY                                                        
  TITLE: "An Act relating to magistrate jurisdiction."                         
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  02/15/93       345    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/15/93       345    (H)   STATE AFFAIRS, JUDICIARY                         
  02/25/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-21, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN AL VEZEY called the House State Affairs Committee                   
  to order at 8:02 a.m. on Thursday, February 25, 1993.                        
  Members present were Representatives Kott, Olberg, Ulmer,                    
  Sanders, Gary Davis, and Bettye Davis, representing a                        
  quorum. Representative Carl Moses was also present.                          
                                                                               
                                                                               
  HJR 25:  IMPLEMENTING ALEUTIAN TRADE ACT OF 1990                             
                                                                               
  Number 020                                                                   
                                                                               
  CHAIRMAN VEZEY read the title of HJR 25 and invited its                      
  sponsor, Representative Carl Moses to testify.                               
                                                                               
  REPRESENTATIVE CARL MOSES, PRIME SPONSOR OF HJR 25, outlined                 
  the need for continuing support of Alaskan tender vessels on                 
  the Aleutian Chain.                                                          
                                                                               
  Number 082                                                                   
                                                                               
  (Chairman Vezey noted the arrival of Representative Ulmer at                 
  8:06 a.m.)                                                                   
                                                                               
  Number 082                                                                   
                                                                               
  REPRESENTATIVE MOSES stated the Coast Guard was implementing                 
  the Federal Commercial Fishing Safety Act of 1988 without                    
  regard for the Aleutian Trade Act of 1990.  He stated this                   
  could put small Alaska freighters out of business.                           
                                                                               
  Number 125                                                                   
                                                                               
  CHAIRMAN VEZEY asked Representative Moses how the 1988 Act                   
  was being implemented without the 1990 Act.                                  
                                                                               
  REPRESENTATIVE MOSES stated the Coast Guard was ignoring the                 
  1990 Act.                                                                    
                                                                               
  Number 139                                                                   
                                                                               
  REPRESENTATIVE JERRY SANDERS stated it appeared the rules                    
  and regulations were passed in the East without regard to                    
  Alaska.                                                                      
                                                                               
  CHAIRMAN VEZEY disagreed, saying regulations were different                  
  for each region.                                                             
                                                                               
  Number 174                                                                   
                                                                               
  REPRESENTATIVE SANDERS MOVED for passage of HJR 25.                          
                                                                               
  There being no objections, HJR 25 PASSED unanimously.                        
                                                                               
  HB 152:  JURISDICTION OF MAGISTRATES                                         
                                                                               
  Number 201                                                                   
                                                                               
  CHAIRMAN VEZEY read the title of HB 152 and called for                       
  testimony on the bill.                                                       
                                                                               
  Number 206                                                                   
                                                                               
  CHARLES S. "CHRIS" CHRISTENSEN III, STAFF COUNSEL FOR THE                    
  ALASKA COURT SYSTEM, testified in favor of HB 152.  He                       
  explained how it would modify jurisdiction of magistrates to                 
  allow them to hear cases involving minor offenses, and also                  
  to hear cases of post-conviction relief.  He stated this was                 
  an effort to relieve district judges of a heavy caseload.                    
                                                                               
  Number 296                                                                   
                                                                               
  REPRESENTATIVE SANDERS asked if HB 152 would preclude                        
  possible appeals to a higher court.                                          
                                                                               
  Number 303                                                                   
                                                                               
  MR. CHRISTENSEN stated it would not.                                         
                                                                               
  Number 310                                                                   
                                                                               
  CHAIRMAN VEZEY questioned the language in one line of HB 152                 
  which allowed magistrates to hear misdemeanor cases that                     
  were not minor offenses, when in another line, magistrates                   
  would be allowed to hear minor offenses.                                     
                                                                               
  Number 315                                                                   
                                                                               
  MR. CHRISTENSEN noted the discrepancy, and suggested a                       
  committee substitute (CS) might be appropriate.                              
                                                                               
  Number 327                                                                   
                                                                               
  CHAIRMAN VEZEY noted that a motion for amendment would be                    
  appropriate.                                                                 
                                                                               
  Number 338                                                                   
                                                                               
  CHAIRMAN VEZEY asked if a revision was made, whether the                     
  provision for misdemeanors in one line and then minor                        
  offenses in another would be redundant.                                      
                                                                               
  Number 347                                                                   
                                                                               
  MR. CHRISTENSEN said it would not.                                           
                                                                               
  Number 357                                                                   
                                                                               
  CHAIRMAN VEZEY asked if magistrates would have jurisdiction                  
  in a felony case.                                                            
                                                                               
  Number 369                                                                   
                                                                               
  MR. CHRISTENSEN explained it would only give a magistrate                    
  jurisdiction in those cases where a misdemeanor defendant                    
  consented to such a hearing.                                                 
                                                                               
  Number 376                                                                   
                                                                               
  CHAIRMAN VEZEY asked the cost advantage of a magistrate                      
  handling such cases over a district judge.                                   
                                                                               
  Number 385                                                                   
                                                                               
  MR. CHRISTENSEN explained that a district judge made between                 
  $80,000 to $90,000 a year plus benefits, but magistrates                     
  were state employees paid at five step ranges with a maximum                 
  of about $50,000.                                                            
                                                                               
  Number 399                                                                   
                                                                               
  CHAIRMAN VEZEY PROPOSED a CS to HB 152 that deleted the                      
  underlined portion of line 5, page 2, without objection.                     
                                                                               
  Number 424                                                                   
                                                                               
  CHAIRMAN VEZEY entertained a MOTION to allow CSHB 152 to be                  
  MOVED from committee with individual recommendations.                        
                                                                               
  Number 425                                                                   
                                                                               
  REPRESENTATIVE BETTYE DAVIS MOVED for acceptance of CSHB 152                 
  and for it to be moved from committee.                                       
                                                                               
  CHAIRMAN VEZEY called for a short at ease at 8:26 a.m., and                  
  reconvened at 8:28 a.m.                                                      
                                                                               
  Number 434                                                                   
                                                                               
  Committee Substitute to HB 152 was PASSED unanimously with                   
  individual recommendations.                                                  
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  Number 449                                                                   
                                                                               
  CHAIRMAN VEZEY adjourned the meeting at 8:31 a.m.                            

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