Legislature(1993 - 1994)
02/25/1993 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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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