04/06/2016 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR12 | |
| SB164 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SJR 12 | TELECONFERENCED | |
| += | SB 164 | TELECONFERENCED | |
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 |