Legislature(1999 - 2000)

04/07/1999 01:40 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              SENATE JUDICIARY COMMITTEE                                                                                        
                    April 7, 1999                                                                                               
                      1:40 p.m.                                                                                                 
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Robin Taylor, Chairman                                                                                                  
Senator Dave Donley                                                                                                             
Senator John Torgerson                                                                                                          
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Rick Halford, Vice-Chairman                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE JOINT RESOLUTION NO. 18                                                                                                  
Requesting Exxon Corporation to pay claimants for court-ordered                                                                 
damages resulting from the Exxon Valdez oil spill.                                                                              
                                                                                                                                
     -MOVED SJR 18 OUT OF COMMITTEE                                                                                             
                                                                                                                                
SENATE JOINT RESOLUTION NO. 10                                                                                                  
Proposing amendments to the Constitution of the State of Alaska                                                                 
requiring that the provisions of a bill that levy new state taxes                                                               
or increase the rate of a state tax require the affirmative vote of                                                             
at least two-thirds of the membership of each house of the                                                                      
legislature.                                                                                                                    
                                                                                                                                
     -MOVED SJR 10 OUT OF COMMITTEE                                                                                             
                                                                                                                                
SENATE JOINT RESOLUTION NO. 14                                                                                                  
Proposing amendments to the Constitution of the State of Alaska                                                                 
relating to the election and the duties of the attorney general.                                                                
                                                                                                                                
     -HEARD AND HELD                                                                                                            
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SJR 18 - No previous action to report.                                                                                          
                                                                                                                                
SJR 10 - See State Affairs minutes dated 3/9/99.                                                                                
                                                                                                                                
SJR 14 - No previous action to report.                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Senator Georgianna Lincoln                                                                                                      
State Capitol                                                                                                                   
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Presented SJR 18                                                                                           
                                                                                                                                
Mr. Mark Hodgins                                                                                                                
Staff to Senator Jerry Ward                                                                                                     
State Capitol                                                                                                                   
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Presented SJR 10, SJR 14                                                                                   
                                                                                                                                
Mr. John Hopkins                                                                                                                
Box 343                                                                                                                         
Cordova, AK 99574                                                                                                               
POSITION STATEMENT:  Supported SJR 18                                                                                           
                                                                                                                                
Ms. Barbara Jensen                                                                                                              
Box 294                                                                                                                         
Cordova, AK 99574                                                                                                               
POSITION STATEMENT:  Supported SJR 18                                                                                           
                                                                                                                                
Ms. Patience Andersen Faulkner                                                                                                  
Box 2574                                                                                                                        
Cordova, AK 99574                                                                                                               
POSITION STATEMENT:  Supported SJR 18                                                                                           
                                                                                                                                
Mr. Chris Berns                                                                                                                 
PO Box 26                                                                                                                       
Kodiak, AK 99615                                                                                                                
POSITION STATEMENT:  Supported SJR 18                                                                                           
                                                                                                                                
Ms. Jana Larsen                                                                                                                 
Kodiak Native Association                                                                                                       
Kodiak, AK 99615                                                                                                                
POSITION STATEMENT:  Supported SJR 18                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-24, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to                                                                 
order at 1:40 and announced SJR 18 would be the first order of                                                                  
business.                                                                                                                       
               SJR 18-EXXON VALDEZ DAMAGE CLAIMS                                                                                
                                                                                                                                
SENATOR GEORGIANNA LINCOLN, sponsor of SJR 18, thanked the                                                                      
committee for hearing the legislation. She explained the resolution                                                             
requests Exxon Corporation pay the punitive damages awarded to over                                                             
40,000 Alaskans. She reported it has been 10 years since the Exxon                                                              
Valdez oil spill and 5 years since an Alaskan jury awarded the 5                                                                
billion dollar judgement, and it is yet to be paid.                                                                             
                                                                                                                                
SENATOR LINCOLN proposed the Legislature has been supportive of                                                                 
the oil industry and therefore Exxon should be a good corporate                                                                 
citizen and pay all punitive damages.                                                                                           
                                                                                                                                
SENATOR LINCOLN pointed out that on March 25, 1999, 37 Attorneys                                                                
General from the Association of Attorneys General signed a letter                                                               
asking Exxon to end the protracted litigation over the judgement                                                                
and honor the unanimous verdict of the jury.                                                                                    
                                                                                                                                
Number 070                                                                                                                      
                                                                                                                                
SENATOR DONLEY stated his strong support for the resolution.                                                                    
                                                                                                                                
MR. JOHN HOPKINS, testifying via teleconference from Cordova,                                                                   
testified in support of SJR 18.                                                                                                 
                                                                                                                                
Number 100                                                                                                                      
                                                                                                                                
MS. BARBARA JENSEN, also testifying via teleconference from                                                                     
Cordova, spoke in support of the resolution.                                                                                    
                                                                                                                                
                                                                                                                                
MS. PATIENCE ANDERSEN FAULKNER, also testifying via teleconference                                                              
from Cordova, testified in support of SJR 18.                                                                                   
                                                                                                                                
Number 119                                                                                                                      
                                                                                                                                
MR. CHRIS BERNS from Kodiak supported SJR 18.                                                                                   
                                                                                                                                
MS. JANA NELSON, representing the Kodiak Native Association, stated                                                             
she and her organization strongly support SJR 18.                                                                               
                                                                                                                                
Number 130                                                                                                                      
                                                                                                                                
SENATOR DONLEY moved SJR 18 from committee with individual                                                                      
recommendations. Without objection, SJR 18 moved from committee                                                                 
with individual recommendations. CHAIRMAN TAYLOR expressed his                                                                  
thanks to the sponsor of the resolution, Senator Lincoln.                                                                       
         SJR 10-CONST AM: SUPERMAJORITY FOR TAX LEVIES                                                                          
                                                                                                                                
MR. MARK HODGINS, staff to Senator Jerry Ward, presented SJR 10. He                                                             
explained SJR 10 proposes a constitutional amendment requiring a                                                                
2/3 majority vote of the bodies of both legislative houses in order                                                             
to enact a new tax. MR. HODGINS stated that 14 other states have                                                                
enacted similar or more stringent requirements for the adoption of                                                              
taxes. MR. HODGINS said SJR 10 would protect taxpayers by ensuring                                                              
that any tax imposed is a necessary tax.                                                                                        
                                                                                                                                
Number 175                                                                                                                      
                                                                                                                                
SENATOR DONLEY moved SJR 10 from committee with individual                                                                      
recommendations. SENATOR ELLIS objected. The roll was called:                                                                   
voting to move the bill were Senator Donley, Senator Torgerson and                                                              
Chairman Taylor. Senator Ellis was opposed. So,  SJR 10 moved from                                                              
committee with individual recommendations.                                                                                      
              SJR 14-ELECTION OF ATTORNEY GENERAL                                                                               
                                                                                                                                
                                                                                                                                
MR. MARK HODGINS, staff to Senator Jerry Ward, presented SJR 14.                                                                
MR. HODGINS explained that SJR 14 is similar to a bill that has                                                                 
already been heard by the Judiciary committee this session. SJR 14                                                              
is a constitutional amendment to elect the Attorney General.                                                                    
                                                                                                                                
MR. HODGINS said many state elect the Attorney General. Some people                                                             
feel when the Attorney General is appointed, as is done in Alaska,                                                              
he or she may not work in the best interest of the people of the                                                                
state, but rather works on behalf of the Governor, and toward the                                                               
Governor's political interests.                                                                                                 
                                                                                                                                
Number 210                                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR asked if the bill places any restriction on future                                                              
offices the Attorney General may hold. MR. HODGINS replied there                                                                
were no restrictions in the bill. CHAIRMAN TAYLOR explained that                                                                
previous versions of this legislation contained restrictions on                                                                 
higher offices, so that a person elected to be Attorney General                                                                 
would be precluded from seeking higher office for a certain amount                                                              
of time. MR. HODGINS said the only restriction in the bill limits                                                               
the Attorney General to two terms.                                                                                              
                                                                                                                                
Number 236                                                                                                                      
                                                                                                                                
SENATOR DONLEY moved SJR 14 with individual recommendations.                                                                    
SENATOR ELLIS objected. CHAIRMAN TAYLOR asked Senator Donley to                                                                 
withdraw his motion in order that he might work with the bill                                                                   
sponsor concerning restrictions on future office. SENATOR DONLEY                                                                
withdrew his motion.                                                                                                            
                                                                                                                                
With nothing further to come before the committee, CHAIRMAN TAYLOR                                                              
adjourned the meeting at 1:55 p.m.                                                                                              

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