Legislature(2015 - 2016)BELTZ 105 (TSBldg)

04/06/2016 01:30 PM Senate JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Public Testimony --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
Moved SJR 12 Out of Committee
Moved CSSB 164(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 6, 2016                                                                                          
                           1:37 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator Lesil McGuire, Chair                                                                                                    
Senator John Coghill, Vice Chair                                                                                                
Senator Mia Costello                                                                                                            
Senator Bill Wielechowski                                                                                                       
MEMBERS ABSENT                                                                                                                
Senator Peter Micciche                                                                                                          
COMMITTEE CALENDAR                                                                                                            
SENATE JOINT RESOLUTION NO. 12                                                                                                  
Proposing amendments to  the Constitution of the  State of Alaska                                                               
relating to the office of attorney general.                                                                                     
     - MOVED SJR 12 OUT OF COMMITTEE                                                                                            
SENATE BILL NO. 164                                                                                                             
"An  Act   relating  to  sport  fishing,   hunting,  or  trapping                                                               
licenses,  tags, or  permits; relating  to penalties  for certain                                                               
sport   fishing,  hunting,   and  trapping   license  violations;                                                               
relating  to  restrictions  on the  issuance  of  sport  fishing,                                                               
hunting, and trapping licenses;  creating violations and amending                                                               
fines  and  restitution  for  certain  fish  and  game  offenses;                                                               
relating to commercial fishing  violations; allowing lost federal                                                               
matching  funds   from  the  Pittman   -  Robertson,   Dingell  -                                                               
Johnson/Wallop -  Breaux programs to  be included in an  order of                                                               
restitution; adding  a definition of 'electronic  form'; amending                                                               
Rule  5(a)(4),  Alaska  Rules of  Minor  Offense  Procedure;  and                                                               
providing for an effective date."                                                                                               
     - MOVED CSSB 164(JUD) OUT OF COMMITTEE                                                                                     
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: SJR 12                                                                                                                  
SHORT TITLE: CONST. AM: ELECTED ATTORNEY GENERAL                                                                                
SPONSOR(s): SENATOR(s) STOLTZE                                                                                                  
02/06/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/06/15       (S)       STA, JUD, FIN                                                                                          
03/03/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/03/15       (S)       Heard & Held                                                                                           
03/03/15       (S)       MINUTE (STA)                                                                                           
03/29/16       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/29/16       (S)       Moved SJR 12 Out of Committee                                                                          
03/29/16       (S)       MINUTE (STA)                                                                                           
03/30/16       (S)       STA RPT 4DP 1NR                                                                                        
03/30/16       (S)       DP: STOLTZE, COGHILL, HUGGINS, MCGUIRE                                                                 
03/30/16       (S)       NR: WIELECHOWSKI                                                                                       
04/04/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/04/16       (S)       Heard & Held                                                                                           
04/04/16       (S)       MINUTE (JUD)                                                                                           
04/06/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
BILL: SB 164                                                                                                                  
SHORT TITLE: FISH & GAME: OFFENSES; LICENSES; PENALTIES                                                                         
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
01/29/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        

01/29/16 (S) RES, JUD 02/22/16 (S) RES AT 3:30 PM BUTROVICH 205 02/22/16 (S) Heard & Held 02/22/16 (S) MINUTE (RES) 03/04/16 (S) RES AT 3:30 PM BUTROVICH 205 03/04/16 (S) Moved SB 164 Out of Committee 03/04/16 (S) MINUTE (RES) 03/07/16 (S) RES RPT 1DP 1NR 3AM 03/07/16 (S) DP: GIESSEL 03/07/16 (S) NR: WIELECHOWSKI 03/07/16 (S) AM: COSTELLO, COGHILL, MICCICHE 04/04/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 04/04/16 (S) Heard & Held 04/04/16 (S) MINUTE(JUD) 04/06/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) WITNESS REGISTER SENATOR STOLTZE Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of SJR 12. KEVIN BROOKS, Deputy Commissioner Alaska Department of Fish and Game Juneau, Alaska POSITION STATEMENT: Commented on SB 164. AL BARRETTE, representing himself Fairbanks, Alaska POSITION STATEMENT: Offered suggestions for SB 164. ACTION NARRATIVE 1:37:15 PM CHAIR LESIL MCGUIRE called the Senate Judiciary Standing Committee meeting to order at 1:37 p.m. Present at the call to order were Senators Costello, Coghill, and Chair McGuire. Senator Wielechowski arrived during the introduction. SJR 12-CONST. AM: ELECTED ATTORNEY GENERAL 1:37:35 PM CHAIR MCGUIRE announced the consideration of SJR 12. CHAIR MCGUIRE closed public testimony. 1:38:18 PM SENATOR STOLTZE, Alaska State Legislature, sponsor of SJR 12, thanked the committee for its thoughtful deliberation of the legislation. He related that he thought hard about the concept that Senator Wielechowski brought forward to make the attorney general election nonpartisan. He said that's the ideal because it provides an opportunity for less partisanship. CHAIR MCGUIRE expressed appreciation for the sponsor's open- mindedness and Senator Wielechowski for proposing the amendment. She said the idea of specifying that the position would be nonpartisan is important and she considered co-sponsoring the amendment. However, she ultimately decided not to slow the bill because the point of having an elected attorney general is more important than the nonpartisan point. She noted that the legal drafters said it would be very difficult to draft the amendment. She shared that as chair of the Judiciary Committee in the House, she wrote a statute to implement the ruling in Democratic Party of California v. Jones, which provided a strong foundation for Citizens United v. FEC. She related that if she were queen for a day, she would overturn that statute. She trusts the voters and doesn't believe they need a party to tell them what to think. She believes the opportunity to participate in a party process is so elite and removed from the average Alaska that few people feel that they influence the party. CHAIR MCGUIRE shared that in the 2012 election a neighbor called and said she felt her right to privacy was violated and her right to vote denied. This neighbor wanted to vote for Senator McGuire but was denied the opportunity to vote the Republican ballot because she is registered as an Alaska Independent. 1:48:28 PM SENATOR WIELECHOWSKI thanked the sponsor for being accommodating. He thought it would be an easy amendment to draft but legislative legal said it would be very complex to insert in the constitution, the process for conducting an election. SENATOR STOLTZE distinguished between being political and partisanship. CHAIR MCGUIRE suggested that a constitutional amendment to elect the attorney general is more likely to succeed if the term "nonpartisan" is included. SENATOR STOLTZE agreed there may be creative ways to do it that don't interfere with the election process. SENATOR COGHILL reminded the committee that the discussion is about electing an attorney general, not the primary election process. 1:52:16 PM SENATOR COGHILL moved to report SJR 12, version \W, from committee with individual recommendations and attached zero fiscal note. CHAIR MCGUIRE announced that without objection, SJR 12 is reported from the Senate Judiciary Standing Committee. 1:52:48 PM At ease SB 164-FISH & GAME: OFFENSES; LICENSES; PENALTIES 1:52:48 PM CHAIR MCGUIRE reconvened the meeting and announced the consideration of SB 164. [This is the second hearing and the committee adopted version H during the 4/4/2016 hearing.] 1:54:10 PM KEVIN BROOKS, Deputy Commissioner, Alaska Department of Fish and Game, thanked the committee for hearing SB 164 and considering the amendments the department suggested. Positive changes were made to the bill, he said. 1:54:33 PM AL BARRETTE, representing himself, Fairbanks, Alaska, said a lot of work has been done on SB 164 but he continues to advocate to remove the word "sport" from fishing throughout the bill. He opined that this is the year to stop the discriminatory practice of requiring subsistence hunters to have a license but not subsistence fishermen. He talked about Alaskans paying their fair share and that should include subsistence fishermen. MR. BARRETTE pointed out that Section 6 needs work. The fines for a commercial fish violation are doubled for the first and second offense, but only increased by 67 percent on the third offense. He suggested the fine for a third offense ought to be doubled as well. CHAIR MCGUIRE asked him to submit his comments in writing. 1:57:51 PM CHAIR MCGUIRE closed public testimony on SB 164 and solicited a motion. 1:58:01 PM SENATOR COGHILL moved to report the CS for SB 164 from committee with individual recommendations and attached fiscal note(s). 1:58:22 PM CHAIR MCGUIRE announced that without objection, CSSB 164(JUD) is reported from Senate Judiciary Standing Committee. 1:58:24 PM There being no further business to come before the committee, Chair McGuire adjourned the Senate Judiciary Standing Committee meeting at 1:58 p.m.

Document Name Date/Time Subjects
SB 108 ACLI Statement on Alaska Securities Law Amendments 2016-SB 108 HB 194 as amended.pdf SJUD 4/6/2016 1:30:00 PM
HB 194
SB 108