Legislature(1997 - 1998)
05/05/1998 03:20 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
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SENATE JUDICIARY COMMITTEE
May 5, 1998
3:20 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Mike Miller
Senator Sean Parnell
MEMBERS ABSENT
Senator Drue Pearce, Vice Chairman
Senator Johnny Ellis
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 406(FIN) am(efd fld)
"An Act authorizing the Board of Fisheries and the Board of Game to
identify fish and game that are taken for subsistence and to
identify subsistence and nonsubsistence areas; relating to the
establishment of preferences for and to regulation of subsistence
fishing and hunting; relating to advisory committees."
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189(JUD) am
"An Act relating to sale, gift, exchange, or distribution of
tobacco and tobacco products."
CS FOR HOUSE BILL NO. 252(FIN)
"An Act relating to criminal records; relating to notice about and
registration of sex offenders and child kidnappers; and amending
Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure; and
providing for an effective date."
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 366(title am)
"An Act prohibiting a court from finding that a minor is a child in
need of aid solely on the basis that the child's family is poor,
lacks adequate housing, or lives a lifestyle that is different from
the generally accepted lifestyle standard of the community where
the family lives."
CS FOR HOUSE JOINT RESOLUTION NO. 44(RLS) am
Proposing amendments to the Constitution of the State of Alaska
relating to redistricting and reapportionment of the legislature;
repealing obsolete language setting out the apportionment schedule
used to elect members of the first state legislature.
PREVIOUS SENATE COMMITTEE ACTION
HB 406 - See Judiciary minutes dated 4/25/98, 5/1/98, 5/4/98.
HB 189 - HESS minutes dated 1/16/98, 1/28/98, 1/30/98.
HB 252 - No previous action to record.
HB 366 - See Senate HESS minutes dated 5/1/98.
HJR 44 - See Judiciary minuted dated 4/29/98.
WITNESS REGISTER
Ms. Harriet Miyasato Beleal
2205 Klamath
Anchorage, AK 99517
POSITION STATEMENT: Testified in opposition to HB 406
Theo Matthews
P.O. Box 389
Kenai, AK 99611
POSITION STATEMENT: Outlined suggested changes to HB 406
Lynn Levengood
931 Vide Way
Fairbanks, AK 99712
POSITION STATEMENT: Outlined suggested changes to HB 406
Steve White, Assistant Attorney General
Natural Resources Section
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Commented on HB 406
Representative John Cowdery
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 189
Ms. Anne Marie Holan
4201 Tudor Centre, #105
Anchorage, AK 99508
POSITION STATEMENT: Testified in support of HB 189
Ms. Delisa Culpepper
P.O. Box 196650
Anchorage, AK 99519
POSITION STATEMENT: Testified in support of HB 189
Ms. Joyanne Bloom
Juneau Tobacco Prevention Network
883 Basin Road
Juneau, AK 99801
POSITION STATEMENT: Testified in support of HB 189
Ms. Anne Carpeneti, Assistant Attorney General
Criminal Division
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Offered information on HB 189
Representative Joe Ryan
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 252
Captain Ted Bachman
Division of Alaska State Troopers
Department of Public Safety
5700 E. Tudor Road
Anchorage, AK 005-7
POSITION STATEMENT: Voiced department's support for HB 252
Ms. Jayne Andreen, Executive Director
Council on Domestic Violence & Sexual Assault
Department of Public Safety
P.O. Box 111200
Juneau, AK 99811-1200
POSITION STATEMENT: Testified in support of HB 252
Representative Fred Dyson
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 366
Ms. Lisa Torkelson, Staff to Representative Dyson
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offerd information on HB 366
Ralph Bennett, Committee Aide to Senate Judiciary
Committee
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Outlined changes in SCS CSHJR 44(JUD)
ACTION NARRATIVE
TAPE 98-51, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 3:20 p.m.
CSHB 406(FIN) am(efd fld) - SUBSISTENCE USES OF FISH AND GAME
CHAIRMAN TAYLOR brought HB 406 before the committee and stated
testimony would be taken from individuals who were not able to
testify at the previous hearing on the legislation.
HARRIET MIYASATO BELEAL, a 28-year resident of Anchorage, said she
is originally from Wrangell and is a Raven of her clan tribe, Dog
Salmon Frog. Her grandfather, Chester Worthington, worked on the
Native land claims, as well as organizing the Alaska Native
Brotherhood in the early 1920s.
Ms. Beleal is also a member of the Anchorage Tlingit/Haida Tribes
of Alaska, and she noted that group recently passed a resolution in
opposition to HB 406 because they believe the bill should comply
with ANILCA.
Ms. Beleal is opposed to HB 406 because she does not believe it is
in the best interest of the Alaska Native people. She suggested
that in identifying rural in a constitutional amendment, it should
include the language "the Alaska Native people and their
descendants" as well as including the other rural residents who
have subsisted or have had a dependency use on the subsistence
food. She stressed the need to protect the Native peoples'
rights to their traditional foods.
Ms. Beleal pointed out that at a Board of Fisheries hearing
statistics gathered showed that Alaska Natives were using only two
to five percent of the subsistence foods. She said it isn't the
Alaska Natives using up the resources, it is the commercial use
that has damaged and depleted the stocks. She said the
constitution should reflect that the Alaska Native people have the
priority and the preference to the Native foods.
Ms. Beleal also suggested there needs to be more Native people
sitting on the fish and game boards.
SENATOR TAYLOR pointed out that under the federal law he qualifies
for subsistence in Wrangell; however, Ms. Beleal was born and
raised in Wrangell, but because she currently lives in Anchorage,
she does not qualify.
MS. BELEAL said that part of ANILCA should be changed also because
no matter where she goes she is still from Wrangell and an Alaska
Native. The laws need to be changed so that they are not taking
away their inherent rights that they have as Alaska Native people.
Number 255
CHAIRMAN TAYLOR thanked Ms. Beleal for her testimony, and then
stated the committee would take testimony on HB 406 over the
teleconference network.
THEO MATTHEWS, president of the United Fishermen of Alaska (UFA)
and chairman of its subsistence committee, testified from the Kenai
LIO. He is also a past member of Governor Hickel's Subsistence
Advisory Council, which essentially became the current state
statute on subsistence and which HB 406 proposes to replace.
Mr. Matthews stressed the importance the UFA has always placed on
the need for amendments in ANILCA; technical amendments that
clarify the extent of the priority, amendments that essentially
bring it into line wit the state law. He said the state has
developed its own parallel subsistence priority that is the same
in all major respects except for the issue of who qualifies, and it
is an important goal, independent of the issue of who receives
priority, to make sure that the state's law with its better state
definitions is inserted as much as possible in the federal law.
Mr. Matthews pointed out that the amendment that is proposed for
the constitution is permissive. It would allow the Legislature, as
trustee, to adopt a priority based on location; it does not demand
it. He also pointed out that UFA has considered the Legislative
Council's lawsuit and has voted not to oppose it. They think
closure on the issue in terms of a Supreme Court decision would be
very good for everyone, but on the other hand, they don't feel that
the state can afford to let the existence of the lawsuit prevent
action prior to December 1.
Mr. Matthews outlined the following suggested changes to HB 406:
(1) Page 2, line 31: Change "subsistence uses by residents" to
"subsistence uses by qualified subsistence users" to make it
consistent with the rest of the bill;
(2) Page 7, line 13: The term "reasonable opportunity" is defined
in state law, but there is no case law on its definition;
(3) Page 7, line 17: UFA believes it is bad policy to attempt to
define the term "sustained yield" because it could be used in court
to overturn board decisions and department decision. UFA believes
the definition is not needed;
(4) Page 8, subsection (b): UFA has no problem with the issue of
creating regional advisory councils as required in ANILCA, but they
think their recommendations should be limited to subsistence
issues;
(5) Page 8, line 30: In the past, the definition of "customary
and traditional" hasn't worked well, and it is an issue that is
technical and legal but needs to be addressed at some point; and
(6) Page 9: In the definitions it is proposed to delete the
language "by a resident domiciled in a rural area of the state" and
UFA suggests replacing it with "by a qualified subsistence user" to
make it consistent with the rest of the bill.
In his closing comments, Mr. Matthews said one of the things UFA
has asked the federal government to do with ANILCA amendments is to
put the meaning of definitions of important terms in ANILCA, terms
such as "rural", "customary and traditional", "customary trade" and
"reasonable opportunity". UFA has always supported the fact that
the federal government should adopt the definitions of this state
that have been developed by the Legislature.
Number 406
CHAIRMAN TAYLOR asked Mr. Matthews if UFA would support ANILCA
without the UFA's suggested amendments being made in ANILCA. MR.
MATTHEWS responded that their past position is that they would not
support a constitutional amendment unless the ANILCA definitions
could be secured, and for the first time, there is the opportunity
to combine the two.
Number 440
CHAIRMAN TAYLOR noted that Senator Murkowski has given assurances
that if the Legislature would send back a bill to him with
recommended changes in it, he would hold hearings in the Senate
Resources Committee as soon as possible on those recommended
changes as additional amendments to ANILCA.
MR. MATTHEWS clarified that the issues UFA has raised have been
dealt with in Senator Stevens' amendments, but UFA thinks they can
be improved upon by better wording. However, he pointed out that
he didn't think there would be a lot of empathy for a package
that's not agreed to by the Interior Department, the Governor and
the Legislature.
Number 475
LYNN LEVENGOOD, a Fairbanks attorney and former member of the
Fairbanks advisory committee of the fish and game boards, as well
as an executive member of the Alaska Wildlife Conservation
Association, said HB 406 is a start, but he thinks it needs some
significant changes because the methodology being utilized will
create a "zoning" where people exercise subsistence and a "zoning"
where they cannot. It is an artificial political distinction that
has no basis in fact and it is creating a legal fiction that he
believes is unsustainable.
Mr. Levengood suggested that if the Legislature were to define
subsistence broadly as a basic right of all Alaskans, it could pass
a piece of legislation which is consistent with ANILCA. He said if
the word "subsistence" could be defined in a way that satisfies
state needs and protects the group of people that the federal
government wishes to protect, then he believes the Alaska law would
be found by the courts to comply with ANILCA.
Mr. Levengood suggested amending the legislation to include a
provision requiring that any regulatory proposal be passed by a
local advisory committee before being entertained by the state
Board of Game or state Board of Fish. He said there are too many
proposals put in for political reasons that bog down both of those
boards, whereas requiring each proposal to be passed by a local
advisory committee, which would have jurisdiction over the subject
matter, would streamline the process and make it much more
efficient and less time consuming.
In conclusion, Mr. Levengood urged that the Legislature pass a
joint resolution telling the local delegation and Congress that
Alaska is united in resolve that the current promulgated draft
regulations by the Department of Interior should be enjoined or
stopped from being implemented until this issue is resolved either
through the courts or through the legislative process.
TAPE 98-51, SIDE B
Number 577
STEVE WHITE, Assistant Attorney General, Department of Law, said at
the conclusion of the committee's Friday, May 1 meeting, there was
discussion about whether there were fundamental differences between
the state if it assumes management of subsistence under federal
court oversight implementing a federal law, or whether the federal
government comes in December 1 and assumes management of
subsistence. He then directed attention to a handout which gives
a fairly factual description of the two committee system written by
the Division of Subsistence in 1993.
As a former commercial fisherman in the Copper River fishery, Mr.
White pointed out that fishermen in that area are nervous in the
sense that the unpredictability of the federal management scheme is
frightening to them. The reason for this is that the commercial
fishery is operated at the mouth of the river, with a personal use
fishery upstream, as well as a subsistence fishery further
upstream. In order for all of these fisheries to work, the state
board has developed a fairly sophisticated management plan, and the
question is whether the federal government has the inclination and
the resources to do that kind of fine tuned management.
Mr. White said another question is that if the state does come into
compliance with ANILCA under various proposals, does it then lose
any state management prerogatives over non-federal land. He noted
that JoAnne Grace, an assistant attorney general in the Department
of Law who has been litigating all the federal subsistence cases,
said that if the state were compliance and there was an issue that
arose about the priority on what was left of state lands and
private lands, the state would have a good argument that the
federal courts would have no jurisdiction. He said he didn't think
the state coming into compliance thereby diminishes any ability for
the state to continue to manage it resources as the state boards
would see fit on non-public lands.
Number 528
CHAIRMAN TAYLOR asked what happens, assuming that we were to pass
the amendment and the state comes into compliance, when the Board
of Fish or the Board of Game decides to come up with a regulation
that is significantly different than the regulation that the
federal subsistence boards have already promulgated. MR. WHITE
replied that assuming it is a state Board of Fish or state Board of
Game decision under the amendments, the federal courts will have to
give some deference to their decisions. He said the amendment that
talks about giving deference to a state board requires the federal
court to give our state board the same deference that they would
give the federal board. He added that in the past, the federal
court has not given our board the same deference as it has to one
of its own agencies. He pointed out that what is gained through
these amendments is that there will be state boards comprised of
Alaskans who have been reviewed by the Legislature, and they do
have a greater degree of deference than they've had in the past.
There being no further testimony on HB 406, CHAIRMAN TAYLOR stated
the bill would be set aside.
[Chairman Taylor had to leave the meeting for a short period of
time and he turned the gavel over to Senator Parnell so that the
committee could continue taking testimony on other legislation
until his return.]
Number 471
CSSSHB 189(JUD) am - RESTRICT TOBACCO SALES
The next item on the committee agenda was CSSSHB 189(JUD) am.
REPRESENTATIVE JOHN COWDERY, prime sponsor of HB 189, read the
following sponsor statement into the record:
"The purpose of HB 189 is to restrict access by minors to tobacco
products. Restricted access is accomplished by banning self-
service displays in retail establishments.
"However, the bill provides an exemption for retail stores that
sell primarily tobacco products and restrict access to persons 19
years of age and older. This provision will allow "tobacco
boutiques" who specialize in tobacco products and accourtrements,
to the near exclusion of other merchandise, to have public access
to the tobacco products.
"Self-service displays are notoriously susceptible to shoplifting
and impulse buying by minors. Their elimination has proven to be
a popular means of removing access by minors to cigarettes. More
than 180 cities throughout the U.S. have already implemented
prohibitions on self service displays. Three months ago, the
Municipality of Anchorage passed an ordinance modeled after HB 189.
"Additionally, new language is added to the statute which requires
that signs be posted near vending machines in employee break rooms
where employees under the age of 19 may be present indicating that
possession of tobacco by a person under 19 years of age is
prohibited under AS 11.76.105.
"Finally, another important provision in HB 189, is that it extends
the offense of selling tobacco to a minor to persons who are
minors. Under current law, it is unprosecutable if an 18 year-old
sells to a minor. HB 189 closes that loophole."
SENATOR PARNELL thanked Representative Cowdery for his
presentation, and then stated testimony would be taken over the
teleconference network.
Number 434
ANNE MARIE HOLAN of Anchorage, testifying in support of HB 189,
related that she manages the statewide tobacco control program at
the Alaska Native Health Board. She said HB 189 has wide public
support, and the banning of self-service displays in retail
establishments is described by the National Institute of Medicine
as an essential component of any state plan to reduce teen access
to tobacco. She noted that a 1995 survey in Alaska found that
almost 19 percent of seventh and eighth grade students who smoke
said that stealing is their most common source of cigarettes. For
those kids who do try to purchase tobacco, the ban on self-service
tobacco displays means that the young customer has to ask the clerk
for the product. Surveys show that when that happens, the clerk is
much more likely to ask for I.D. She said almost all new users of
tobacco are kids, and studies demonstrate that for many kids it is
a gateway to other drug use. Ms. Holan urged the committee's
support for HB 189.
Number 398
DELISA CULPEPPER, testifying from Anchorage, informed the committee
she is with the Municipality of Anchorage's health and human
services department. She echoed Ms. Holan's comments and the need
to continue to find new strategies to tighten the access of youth
to tobacco products. This strategy was implemented in Anchorage
two months ago and it went fairly smoothly. However, she suggested
there be some kind of provision for educating of the public to let
them know why this is being done.
Number 383
JOYANNE BLOOM, Coordinator, Juneau Tobacco Prevention Network, said
their volunteers work really hard to keep youth from becoming
addicted to tobacco products. They believe there is not any one
solution to this and they are trying to fight it from al different
angles.
Ms. Bloom pointed out that HB 189 also takes care of a loophole in
the original law which provided that a person had to be 19 years
and older to be in violation of selling to a minor. However, most
important with the bill is getting the tobacco out of reach of
children.
Ms. Bloom noted that recently a local national chain store
voluntarily put their tobacco products behind the counter, but then
ended up putting them back out on the floor. She was told by the
store manager that the national office said they needed to go back
out on the floor because tobacco companies are paying big bucks to
have them out on display. The store manager related that only a
law is going to make them put the tobacco products back behind the
counter. She urged the committee to pass this law to keep the
tobacco products out of harm's reach of our children.
Number 340
SENATOR MILLER directed attention to Section 5 and noted the word
"criminally" was being deleted, and he questioned its overall
effect because it looks like the standard has been lowered
considerably for revocation of a license.
ANNE CARPENETI, Criminal Division, Department of Law, acknowledged
that it is bringing the standard down, and she thinks the reason
the legislative drafters did this is because the violations only
require negligence; they don't require criminal negligence for the
culpable mental state. She noted the new section that is adopted
in this bill doesn't even have a culpable mental state, which is
acceptable as long as it is a violation and not a crime. She
thinks the reason legislative drafters did this was to make it the
same standard for prosecuting somebody for giving tobacco to a
minor as it is for taking away a license based on a conviction of
that act.
SENATOR PARNELL asked Ms. Carpeneti if she thought it would do any
damage to remove the word "negligent" on page 3, line 8. MS.
CARPENETI suggested leaving it as is because that's the standard.
REPRESENTATIVE COWDERY said he would not have a problem removing
the word if it would make it a better bill.
SENATOR PARNELL said his concern was that this actually might
heighten the standard because typically for a violation you don't
have to show the negligent mind set, you just have to show that the
act occurred.
SENATOR MILLER questioned what happens if the retailer, in good
faith, sells tobacco to someone who comes in with fake
identification. He said he supports what is trying to be done with
this legislation, but at the same time, he want to try to protect
the honest shopkeeper that is trying to follow the law. MS.
CARPENETI pointed out that selling to somebody with a fake I.D. is
covered under AS 11.76.100(a) which does require a proof of
negligence to get a person convicted of the violation.
Number 250
There being no further testimony on HB 189, SENATOR PARNELL stated
the legislation would be set aside until a quorum was
reestablished.
CSHB 252(FIN) - CRIMINAL RECORDS & OFFENDER REGISTRATION
SENATOR PARNELL brought CSHB 252(FIN) before the committee as the
next order of business.
REPRESENTATIVE JOE RYAN, prime sponsor of HB 252, explained that
legislation brings the state into compliance with federal law, It
a two-tier system that is put in place for sex offenders that fail
to register properly or fail to reregister. They would be guilty
of a class A misdemeanor for a first offense, which would have a
minimum sentence of 35 days in jail. A second offense would be a
class C felony, which would be a presumptive sentence with a
minimum of two years in jail. He said this legislation will give
law enforcement and the prosecutors the teeth necessary in the law
to get into compliance.
Number 106
CAPTAIN TED BACHMAN, Division of Alaska State Troopers, Department
of Public Safety, testifying from Anchorage, stated the
department's support for the legislation and that he and Diane
Shenker, also with the department, were available for questions
from the committee.
Number 082
JAYNE ANDREEN, Executive Director, Council on Domestic Violence and
Sexual Assault, Department of Public Safety, voiced the council's
support for HB 252. A strong sex offender registration program and
statutes for Alaska goes a long way to improve the protection for
potential victims in the future. She expressed appreciation for
the section relating to situations where a sex offender has failed
to register and the duration of that time gets added on at the end
of the 15 years that they are required to register.
Due to the lack of a quorum, HB 252 was set aside for further
action until later in the meeting.
Number 030
SSHB 366(title am) - NO CINA BASED SOLELY ON POVERTY
SENATOR PARNELL brought SSHB 366(title am) before the committee as
the next order of business.
LISA TORKELSON, staff to Representative Fred Dyson, said the
legislation is basically a protective measure. She related a
situation where a lady's sister turned her into the Division of
Family and Youth Services (DFYS) for being a vegetarian and
choosing that eating style for her children as well. It caused a
lot of problems, including family problems, and it was very
difficult for the lady to prove that her children were well fed
even though they chose this lifestyle.
HB 366 prohibits an agency from using the status of being poor,
homeless, or lives a lifestyle that is different from the generally
accepted lifestyle standard of the community where the family lives
as the sole reason for removing a child from a home or for DFYS to
come in and take custody of that child.
TAPE 98-52, SIDE A
Number 031
SENATOR PARNELL inquired if there has been a court case on this,
and REPRESENTATIVE DYSON replied that he did not know of one, but
the intent of the legislation is to strengthen the rights of
parents and limit the role of DFYS to take children if they are not
being abused and neglected.
Number 060
SENATOR MILLER questioned if the lady was turned into DFYS solely
because of being vegetarians. REPRESENTATIVE DYSON pointed out
that the law requires DFYS to investigate whenever there is a
report of harm, and a fair percentage of the reports they get are
spite, particularly when it comes to custody cases.
SENATOR MILLER said what he has found frustrating in his 16 years
in the Legislature is that it seems like often DFYS spends a lot to
manpower investigating the wrong cases and no manpower in
investigating the cases that they should be investigating. He said
it is unfortunate that there has to be legislation redirecting that
focus.
REPRESENTATIVE DYSON noted that he has been working with the states
of Wisconsin, Minnesota and Kansas in how they are approaching this
issue, and one of them is the quality and training of the people
and in keeping them. The turnover rate in Alaska is tremendous and
there isn't the kind of judgement, maturity and experience to make
good judgements about these cases without continuity.
SENATOR PARNELL asked if DFYS currently uses a standard that is
called "generally accepted lifestyle standard" or was this new
language. MS. TORKELSON responded that this was language drafted
by the legislative drafter, and Susan Wibker of the Department of
Law, who helped to write the child protection bill, spoke favorably
for it.
SENATOR PARNELL noted that Lynette Moreno Hinz, the president of
the Anchorage Tribes of Tlingit and Haida Indians of Alaska, had
signed up to testify, but she had to leave before being able to
testify on the legislation. However, she indicated on the witness
register that she was in opposition to the bill.
There being no further testimony on SSHB 366(title am), SENATOR
PARNELL stated the legislation would be set aside until a quorum
was reestablished.
[THE COMMITTEE TOOK A BRIEF AT-EASE TO AWAIT THE RETURN OF CHAIRMAN
TAYLOR.]
Number 160
CSHB 252(FIN) - CRIMINAL RECORDS & OFFENDER REGISTRATION
CHAIRMAN TAYLOR called the meeting back to order and asked the
pleasure of the committee on CSHB 252(FIN).
SENATOR PARNELL moved CSHB 252(FIN be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 170
SSHB 366(title am) - NO CINA BASED SOLELY ON POVERTY
CHAIRMAN TAYLOR asked for the pleasure of the committee on SSHB
366(title am).
SENATOR PARNELL moved SSHB 366(title am) be passed out of committee
with individual recommendations. Hearing no objection, it was so
ordered.
Number 176
CSSSHB 189(JUD) am - RESTRICT TOBACCO SALES
CHAIRMAN TAYLOR asked for the pleasure of the committee on CSSHB
189(JUD) am.
SENATOR PARNELL moved CSSSHB 189(JUD) am be passed out of committee
with individual recommendations. Hearing no objection, it was so
ordered.
Number 185
CSHJR 44(RLS) am - REAPPORTIONMENT BOARD & REDISTRICTING
CHAIRMAN TAYLOR brought CSHJR 44(RLS)am before the committee as the
next order of business and directed attention to a proposed SCS
CSHJR 44(JUD), versions "U."
RALPH BENNETT, committee aide to the Senate Judiciary Committee,
explained that in Section 8 of the work draft, it changes the
membership of the redistricting board to the Governor making two
appointments to the board; the presiding officer of the Senate
making one appointment; the presiding officer of the House of
Representatives making one appointment; and the chief justice of
the Supreme Court making one appointment for a total of five board
members.
SENATOR MILLER moved the adoption of SCS CSHJR 44(JUD), version
"U." Hearing no objection, CHAIRMAN TAYLOR stated it was adopted,
and he asked for the pleasure of the committee on the committee
substitute.
Number 205
SENATOR MILLER moved SCS CSHJR 44(JUD) be passed out of committee
with individual recommendations. Hearing no objection, it was so
ordered.
CHAIRMAN TAYLOR informed the committee he would be making a motion
on the Senate floor to waive CSHB 290(TRA) - LICENSE PLATES:
RANCHES, FARMS, AND DAIRY; CSHB 405(FIN) - FLEEING OR EVADING A
PEACE OFFICER; and SB 354 - WILLS, TRUSTS, & OTHER TRANSFERS from
the Senate Judiciary Committee. There was no objection to waiving
any of the bills from committee.
There being no further business to come before the committee, the
meeting adjourned at 5:35 p.m.
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