04/14/2004 05:45 PM Senate JUD

          SB 379-PERM FUND BOARD PUBLIC MEMBER REMOVAL                                                                      
                                                                                                                                
CHAIR SEEKINS  reminded members  that at the  last meeting  on SB
,  a question  was raised  about what  constitutes a  criminal                                                               
offense  of moral  turpitude. A  memorandum in  response to  that                                                               
question was distributed to members.                                                                                            
                                                                                                                                
SENATOR  FRENCH noted  assault in  the  third degree,  a class  C                                                               
felony,  is not  listed. He  suggested that  the committee  might                                                               
want to add that offense. He then moved to adopt Amendment 1:                                                                   
                                                                                                                                
                      A M E N D M E N T  1                                                                                  
                                                                                                                                
    On page 1, lines 8-9 delete, "involving moral turpitude"                                                                    
                                                                                                                                
CHAIR SEEKINS  asked for an  example of  an assault in  the third                                                               
degree.                                                                                                                         
                                                                                                                                
SENATOR  FRENCH explained  that typically  it involves  putting a                                                               
person in fear of imminent serious  physical injury by means of a                                                               
dangerous instrument, such as pointing a knife at a person.                                                                     
                                                                                                                                
SENATOR THERRIAULT objected to Amendment 1.                                                                                     
                                                                                                                                
SENATOR OGAN  asked if  the legislature  confirms the  members of                                                               
the Board  of Trustees of  the Alaska Permanent  Fund Corporation                                                               
(APFC) and whether that is set in the Constitution.                                                                             
                                                                                                                                
CHAIR SEEKINS  said the  legislature does  not confirm  the board                                                               
members.                                                                                                                        
                                                                                                                                
MR. STORER  told members that  the Board of  Trustee appointments                                                               
are not addressed in the Constitution.                                                                                          
                                                                                                                                
SENATOR THERRIAULT recalled a lengthy  debate three or four years                                                               
ago that  involved an issue  that prohibits the  legislature from                                                               
requiring confirmation by statute.                                                                                              
                                                                                                                                
CHAIR SEEKINS did not believe that  issue had anything to do with                                                               
removal for cause.                                                                                                              
                                                                                                                                
SENATOR THERRIAULT added:                                                                                                       
                                                                                                                                
     I think where the  constitution specifically allows the                                                                    
     legislature to  have confirmation powers,  that's where                                                                    
     we  have  it  because   it's  an  infringement  on  the                                                                    
     executive's  power.  So  I think,  if  I'm  remembering                                                                    
     correctly,  because   we're  not  granted   that  power                                                                    
     specifically  for  this  board, we  can't  assume  that                                                                    
     power  just  by  statute,  if I  remember  the  debate.                                                                    
     Because I  think we  had this issue  before us  when we                                                                    
     had the  proposal to require confirmation  and that was                                                                    
     the hurdle that we had to get over.                                                                                        
                                                                                                                                
SENATOR OGAN was  satisfied with that explanation and  said if he                                                               
changes  his mind  after doing  some research,  he will  offer an                                                               
amendment at a later date.                                                                                                      
                                                                                                                                
SENATOR  THERRIAULT  moved  CSSB 379(JUD)  and  its  accompanying                                                               
fiscal notes from committee with individual recommendations.                                                                    
                                                                                                                                
CHAIR  SEEKINS  announced  that  without  objection,  the  motion                                                               
carried.