Legislature(1999 - 2000)
04/07/1999 01:40 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
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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