HOUSE JUDICIARY STANDING COMMITTEE May 17, 1999 1:22 p.m. MEMBERS PRESENT Representative Pete Kott, Chairman Representative Joe Green Representative Norman Rokeberg Representative Jeannette James Representative Lisa Murkowski Representative Eric Croft Representative Beth Kerttula MEMBERS ABSENT All members present COMMITTEE CALENDAR SENATE BILL NO. 130 "An Act relating to immunity for sale or transfer of a firearm; relating to administrative functions performed by and fees charged by the Department of Public Safety for transfer of a firearm." - MOVED HCSSB 130(JUD) OUT OF COMMITTEE CS FOR SENATE BILL NO. 100(FIN) "An Act relating to the payment by indigent persons for legal services and related costs." - MOVED HCS CSSB 100(JUD) OUT OF COMMITTEE (* First public hearing) PREVIOUS ACTION BILL: SB 130 SHORT TITLE: FEES/IMMUNITY SALE/TRANSFER OF FIREARMS SPONSOR(S): SENATOR(S) KELLY PETE, Taylor Jrn-Date Jrn-Page Action 4/01/99 770 (S) READ THE FIRST TIME - REFERRAL(S) 4/01/99 770 (S) JUD, FIN 4/06/99 796 (S) COSPONSOR(S): TAYLOR 4/06/99 796 (S) JUD REFERRAL WAIVED 5/06/99 (S) FIN AT 9:00 AM SENATE FINANCE 532 5/06/99 (S) REPORTED OUT 5/06/99 (S) RLS AT 2:15 PM FAHRENKAMP 203 5/06/99 (S) MINUTE(FIN) 5/06/99 (S) MINUTE(RLS) 5/06/99 1270 (S) FIN RPT 4DP 1DNP 3NR 1AM 5/06/99 1270 (S) DP: TORGERSON, PETE KELLY, DONLEY, 5/06/99 1270 (S) LEMAN; NR: PARNELL, PHILLIPS, WILKEN; 5/06/99 1270 (S) DNP: ADAMS; AM: GREEN 5/06/99 1271 (S) ZERO FISCAL NOTES (LAW, DPS) 5/10/99 1324 (S) RULES TO CALENDAR AND 1 OR 5/10/99 5/10/99 1326 (S) READ THE SECOND TIME 5/10/99 1326 (S) ADVANCED TO THIRD READING UNAN CONSENT 5/10/99 1326 (S) READ THE THIRD TIME SB 130 5/10/99 1326 (S) PASSED Y14 N5 A1 5/10/99 1326 (S) ELLIS NOTICE OF RECONSIDERATION 5/11/99 1372 (S) RECONSIDERATION NOT TAKEN UP 5/11/99 1373 (S) TRANSMITTED TO (H) 5/12/99 1338 (H) READ THE FIRST TIME - REFERRAL(S) 5/12/99 1338 (H) JUDICIARY 5/14/99 (H) JUD AT 1:00 PM CAPITOL 120 5/14/99 (H) HEARD AND HELD 5/17/99 (H) JUD AT 1:00 PM CAPITOL 120 BILL: SB 100 SHORT TITLE: REIMBURSEMENT FOR PUBLIC DEFENDER SPONSOR(S): JUDICIARY BY REQUEST Jrn-Date Jrn-Page Action 3/11/99 476 (S) READ THE FIRST TIME - REFERRAL(S) 3/11/99 476 (S) JUD 3/15/99 (S) JUD AT 1:30 PM BELTZ 211 3/15/99 (S) HEARD AND HELD 3/15/99 (S) MINUTE(JUD) 3/17/99 (S) JUD AT 1:30 PM BELTZ 211 3/17/99 (S) MOVED CS (JUD) OUT OF COMMITTEE 3/17/99 (S) MINUTE(JUD) 3/18/99 599 (S) JUD RPT CS 3DP SAME TITLE 3/18/99 599 (S) DP: TAYLOR, TORGERSON, DONLEY 3/18/99 599 (S) ZERO FISCAL NOTE (COURT) 3/18/99 599 (S) FISCAL NOTE (LAW) 3/19/99 616 (S) FISCAL NOTE (LAW) 3/18/99 599 (S) ADDITIONAL REFERRAL TO FIN 3/30/99 (S) FIN AT 8:00 AM SENATE FINANCE 532 3/30/99 (S) SCHEDULED BUT NOT HEARD 4/01/99 (S) FIN AT 8:00 AM SENATE FINANCE 532 4/01/99 768 (S) FIN RPT CS 5DP 2NR SAME TITLE 4/01/99 768 (S) DP: TORGERSON, GREEN, WILKEN, LEMAN, 4/01/99 768 (S) DONLEY; NR: PARNELL, PETE KELLY 4/01/99 768 (S) PREVIOUS ZERO FN FIN CS (COURT) 4/06/99 (S) RLS AT 3:30 PM FAHRENKAMP 203 4/06/99 (S) MINUTE(RLS) 4/06/99 794 (S) FISCAL NOTE FIN CS (LAW) 4/19/99 966 (S) RULES TO CALENDAR AND 1 OR 4/19/99 4/19/99 967 (S) READ THE SECOND TIME 4/19/99 967 (S) FIN CS ADOPTED UNAN CONSENT 4/19/99 967 (S) ADVANCED TO THIRD READING UNAN CONSENT 4/19/99 967 (S) READ THE THIRD TIME CSSB 100(FIN) 4/19/99 968 (S) PASSED Y12 N8 4/19/99 968 (S) ELLIS NOTICE OF RECONSIDERATION 4/21/99 993 (S) RECON TAKEN UP - IN THIRD READING 4/21/99 993 (S) PASSED ON RECONSIDERATION Y12 N8 4/21/99 1028 (S) TRANSMITTED TO (H) 4/22/99 908 (H) READ THE FIRST TIME - REFERRAL(S) 4/22/99 908 (H) JUD, FIN 5/14/99 (H) JUD AT 1:00 PM CAPITOL 120 5/14/99 (H) HEARD AND HELD 5/17/99 (H) FIN AT 9:00 AM HOUSE FINANCE 519 5/17/99 (H) JUD AT 1:00 PM CAPITOL 120 WITNESS REGISTER JIM ROW (PH) 8445 Denise Circle Anchorage, Alaska 99516 Telephone: (Not provided) POSITION STATEMENT: Testified in favor of SB 130. ACTION NARRATIVE TAPE 99-71, SIDE A Number 0001 CHAIRMAN PETE KOTT called the House Judiciary Standing Committee meeting to order at 1:22 p.m. Members present at the call to order were Representatives Kott, Green, Murkowski and Croft. Representatives Kerttula, Rokeberg and James arrived at 1:23 p.m., 1:25 p.m. and 1:28 p.m., respectively. SB 130 - FEES/IMMUNITY SALE/TRANSFER OF FIREARMS CHAIRMAN KOTT announced the first order of business is SENATE BILL NO. 130, "An Act relating to immunity for sale or transfer of a firearm; relating to administrative functions performed by and fees charged by the Department of Public Safety for transfer of a firearm." Number 0065 REPRESENTATIVE GREEN moved to adopt the proposed House committee substitute for SB 130, Version 1-LS0665\G, Ford, 5/17/99. There being no objection, it was so adopted. Number 0097 REPRESENTATIVE CROFT stated, for the record, that in the language - "The Department of Public Safety shall administer functions relative to the protection of life and property, including function relating to transfer of firearm - the word "shall" does not require a chief of police or anyone to sign a form. There is individual discretion. Number 0143 CHAIRMAN KOTT commented that is the intent of this piece of legislation. There is no affirmative requirement for anyone in public safety to sign a form. Number 0168 JIM ROW (PH) testified via the telephone from Anchorage in support of SB 130. He has been trying to get a "Form 4" signed for himself for a couple of years now. He is frustrated because the state doesn't prohibit these types of weapons, the federal government allows them, and there is no municipal ordinance against them. But the administration simply refuses to sign a "Form 4" which allows the federal government to check an individual in order to determine whether or not that individual would be allowed to have one under the federal law. He hopes that the bill passes out of the committee today. Number 0289 REPRESENTATIVE MURKOWSKI asked Mr. Row (ph) whether he has a permit to carry a concealed handgun. MR. ROW (PH) replied yes. CHAIRMAN KOTT noted that the sponsor is in agreement with the House proposed committee substitute. Number 0325 REPRESENTATIVE CROFT made a motion to move HCSSB 130(JUD) from the committee with individual recommendations and the attached fiscal note(s). There being no objection, it was so moved from the House Judiciary Standing Committee. CSSB 100(FIN) - REIMBURSEMENT FOR PUBLIC DEFENDER CHAIRMAN KOTT announced the next order of business is CS FOR SENATE BILL NO. 100(FIN), "An Act relating to the payment by indigent persons for legal services and related costs." CHAIRMAN KOTT noted that there is a House proposed committee substitute and that the departments are onboard with the changes. Number 0395 REPRESENTATIVE ROKEBERG moved to adopt the House proposed committee substitute for CSSB 100(JUD), Version 1-LS0560\K, Luckhaupt, 5/16/99. There being no objection, it was so adopted. Number 0419 CHAIRMAN KOTT noted that the House proposed committee substitute restricts the application of the fees for the services provided in the criminal side. It indicates that the court "may" enter into a judgment by removing the word "shall." It also changes the word "may" to "shall" in the area where the court may determine as to whether or not there shall be a fee subject to a payment schedule, and in the area where the court shall allow a person subject to a judgment to petition at anytime for the remission, reduction, or deferral of an unpaid portion. Number 0513 REPRESENTATIVE GREEN made a motion to move the proposed House committee substitute for CSSB 100(JUD) [1-LS0560\K, Luckhaupt, 5/16/99] from the committee with individual recommendations and the attached fiscal note(s). REPRESENTATIVE CROFT objected. It seems that taking out the distinction of when convicting somebody and when they are found innocent is inappropriate. In general, when the state accuses an [indigent] person of committing a crime, it drags that person through a lengthy court process when eventually a jury finds that person "not guilty." He said, "And we're gonna say after all of that, I accused you of a crime, you didn't have the money to defend yourself, you were innocent. Now, I want all that money. And I just think that's inappropriate public policy." Number 0505 CHAIRMAN KOTT stated, hopefully, the courts will not place any requirement on those who are wrongfully convicted to pay any fees for services rendered. CHAIRMAN KOTT called for a roll call vote. Representatives Green, Rokeberg, James and Kott voted in favor of the motion. Representatives Murkowski, Croft and Kerttula voted against the motion. The motion passed with a vote of 4-3. The HCS CSSB 100(JUD) was so moved from the House Judiciary Standing Committee. ADJOURNMENT CHAIRMAN KOTT adjourned the House Judiciary Standing Committee meeting at 1:30 p.m.