Legislature(2001 - 2002)
04/30/2001 04:49 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE JUDICIARY COMMITTEE
April 30, 2001
4:49 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chair
Senator Dave Donley, Vice Chair
Senator John Cowdery
Senator Gene Therriault
Senator Johnny Ellis
MEMBERS ABSENT
All Members Present
COMMITTEE CALENDAR
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 16(CRA)
"An Act relating to cities incorporated under state law that are
home rule communities; and providing for an effective date."
MOVED SCS CSHB 16(JUD) OUT OF COMMITTEE
SENATE BILL NO. 169
"An Act relating to the nonapplicability of the delinquency laws to
certain minors accused of certain crimes against persons directed
at certain victims."
MOVED SB 169 OUT OF COMMITTEE
SENATE BILL NO. 204
"An Act relating to wildfires and other natural disasters."
HEARD AND HELD
HOUSE BILL NO. 230
"An Act relating to wage and hour protections for employees of the
Alaska Railroad Corporation; and providing for an effective date."
MOVED HB 230 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 193(FIN)
"An Act relating to the primary election and to the nomination of
candidates for the general election; and providing for an effective
date."
MOVED SCS CSHB 193(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
HB 16 - See Community and Regional Affairs minutes dated 4/4/01.
WITNESS REGISTER
Mr. Robert Buttcane, Legislative & Administrative Liaison
Division of Juvenile Justice
Department of Health &
Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Testified on SB 169
Mr. Hans Neidig
Staff to Senator Green
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 204
Mr. Joe Balash
Staff to Senator Therriault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on HB 193
Mr. Avrum Gross
424 North Franklin
Juneau, AK 99801
POSITION STATEMENT: Testified on HB 193
Representative Coghill
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on HB 193
Ms. Janet Kowalski, Director
Division of Elections
Office of the Lieutenant Governor
PO Box 110017
Juneau, Alaska 99811-0017
POSITION STATEMENT: Testified on HB 193
ACTION NARRATIVE
TAPE 01-26, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Senate Judiciary Committee meeting
to order at 4:49 p.m. Senator Donley, Senator Cowdery, and
Chairman Taylor were present. Senator Ellis arrived at 4:53 and
Senator Therriault arrived at 4:54. Chairman Taylor announced the
first order of business would be HB 16.
HB 16-HOME RULE COMMUNITIES
SENATOR DONLEY moved the L version of the Judiciary Committee
substitute out of committee with individual recommendations. There
were no objections and it was so ordered.
SB 169-HATE CRIMES: AUTOMATIC WAIVER OF MINORS
SENATOR DONLEY noted this was legislation sponsored by himself and
co-sponsored by Chairman Taylor. SB 169 amends AS 47.12.030(a) "to
include a crime that is a felony or Class A misdemeanor crime
against a person directed at a victim because of that person's
race, sex, color, creed, physical or mental disability, ancestry or
national origin." The addition would require a minor accused of
such a hate crime to be tried as an adult.
CHAIRMAN TAYLOR thanked Senator Donley for introducing the
legislation and called Mr. Buttcane forward to testify.
MR. ROBERT BUTTCANE, Department of Health & Social Services
Division of Juvenile Justice, testified that the department would
like the committee to consider use of the dual sentencing
provisions in the delinquency statute for crimes of bias. This
would allow such cases to be prosecuted in the adult court. If the
juvenile was convicted they would be referred back to the
delinquency system under a delinquency disposition order. If they
completed the delinquency disposition order, the case would be
closed. It they failed to complete that order, they could be
returned to court and the pronounced sentence could then be
imposed.
Research indicates that waiver of juveniles is not an effective
response and that is why the Division of Juvenile Justice would
like the committee to consider this option. Juveniles who are
handled in the adult system are eight times more likely to commit
suicide, five times more likely to be sexually assaulted, and when
they are released they tend to offend more quickly and be more
predatory in nature than those who are processed through the
delinquency system. This is particularly so if misdemeanor crimes
are included in the automatic waiver. In addition, individuals
sentenced for low level felonies and misdemeanors would endure
fewer sanctions than they would if they were in the juvenile
system.
Finally, crime bias legislation not including the class category
dealing with the perceived or actual sexual orientation of the
victim would be incomplete. For these reasons, the department would
like the committee to amend the bill.
CHAIRMAN TAYLOR asked Senator Donley to comment.
Number 329
SENATOR DONLEY questioned the credibility of comparing the juvenile
system with the adult system. Additionally, he said the language in
the bill is the same as that currently used by the courts and that
language should be adhered to.
He then asked Mr. Buttcane whether there was any difference in the
public accountability or openness of the criminal justice process
between the dual sentencing provision and automatic waiver to adult
court.
MR. BUTTCANE did not believe so. Both the automatic waiver and the
dual sentencing provisions would be open to the public.
CHAIRMAN TAYLOR called for additional testimony and received no
response. He asked for the pleasure of the committee.
SENATOR DONLEY moved SB 169 from committee with individual
recommendations. There being no objections, SB 169 moved from
committee with individual recommendations.
SB 204
SB 204-WILDFIRES AND NATURAL DISASTERS
HANS NEIDIG, aide to Senator Lyda Green, testified that SB 204 was
introduced to address the concerns of private property owners and
residents during the emergency management of wildfires and disaster
areas. Language would be placed in statute that more equitably
balances the rights of private property owners and residents with
the demands of emergency personal to protect life and property.
Property owners may choose not to evacuate an area or to enter a
threatened area, at their own risk, so long as entry does not
interfere with emergency personal. Emergency personal are exempted
from liability if a property owner or resident is injured or killed
after choosing not to evacuate or choosing to reenter a threatened
area.
CHAIRMAN TAYLOR called for additional testimony. He noted letters
in the bill file from interested citizens who had testified at
previous meetings. All indicated a desire to see the legislation
move forward.
He stated that the legislation reflects current regulates in the
affected areas.
MR. NEIDIG, said guidelines have been developed and the legislative
language is tied to those guidelines.
CHAIRMAN TAYLOR observed that it was his understanding that work on
the legislation would be ongoing during the interim.
Number 649
SENATOR ELLIS asked what would happen to children of property
owners and residents who elect not to evacuate an area threatened
by wildfire. We wondered whether there would be a duty to evacuate
children.
MR. NEIDIG said the legislation provides that only adults may elect
to remain in their homes during times of evacuation. Regulations
would specifically address the concerns for children and or the
disabled and therefore need not be addressed in the legislation.
CHAIRMAN TAYLOR stated that it was his understanding that, at some
point, the level of threat might result in mandatory evacuation.
MR. NEIDIG responded that the guidelines outline the levels of
evacuation from directive to order of evacuation.
CHAIRMAN TAYLOR asked whether children would be evacuated.
MR. NEIDIG responded that presumably they would.
SENATOR ELLIS remarked that this is a complex issue that needs more
work.
CHAIRMAN TAYLOR replied that the sponsor had indicated that leaving
the bill in the Judiciary Committee might be advantageous if more
hearings were needed during the interim.
SB 204 was held in committee to be addressed during the next
session.
HB 230-RAILROAD EMPLOYEE SALARIES AND WAGES
CHAIRMAN TAYLOR advised that this legislation is identical to SB
170 that was moved from committee but had not yet been read on the
floor.
He called for testimony on HB 230 and received no response. He
noted that there had been testimony in person and via
teleconference from railroad employees representing the union as
well as the sponsor.
He asked for the pleasure of the committee.
SENATOR ELLIS moved HB 230 from committee with individual
recommendations. There being no objection, HB 230 moved from
committee.
HB 193-MODIFIED BLANKET PRIMARY ELECTION
SENATOR THERRIAULT moved adoption of the Kurtz S 4/30/01 committee
substitute for HB 193 as a working document. There was no
objection.
SENATOR ELLIS asked whether Senator Therriault's issue with the
legislation was access to the ballot by petition.
SENATOR THERRIAULT responded that on the date that party candidates
had to make their decision, people that want access to the ballot
through the petition process would also have to fill out a form
with the Division of Election and would then be given a signature
booklet. They would then have until the primary to collect
signatures, turn them in and be placed on the general election
ballot. They would be required to adhere to all APOC filings for
collecting and disbursing money for running a campaign while
collecting the signatures. This would keep the reporting standards
the same for everyone.
Number 1104
MR. JOE BALASH, staff to Senator Therriault, testified that the
amendment adopted by committee was incorporated into the Finance
Committee substitute. He then pointed out that wording was not
changed on page 3 of CSHB 193(FIN), line 17-20 to make it
consistent with the changed wording of the statute allowing parties
to have a single ballot unless they wanted to open it up.
He then restated Senator Terriault's testimony.
Number 1258
MR. AVRUM GROSS testified that, at the request of Lt. Governor
Ulmer, he chaired a task force that worked to draft legislation to
respond to the Supreme Court case Democratic Party v. Jones. They
ruled that the blanket primary in California was illegal because it
did not allow parties to limit individuals who could select that
parties' candidates.
Prior to the ruling, Alaska had a blanket primary system. Due to
the ruling, provisions had to be made so that parties could limit
who could vote to select its candidates in a primary.
The resultant draft legislation was as close to existing law as
possible. Voters would get a ballot with all the offices and
candidates listed unless a particular party decided to limit access
to its candidates to only those voters registered as independent or
members of their party. In that case, independents and members of
the party choosing to limit would get a blanket primary ballot with
all candidates listed while voters from other parties would receive
a ballot listing all candidates except the candidates from the
limiting party.
This legislation was drafted to encourage voters to participate in
primaries and because Alaska has always had open or blanket
primaries, never closed primaries. The more primaries are closed
the less participation there is.
HB 193 is unlike the legislation drafted by the task force because
it adopts a closed primary for the first time in the history of the
state. It allows parties to tell voters who can participate in
selecting its candidates and to dictate that voters who vote for
its candidates may not vote in any other primary at all. This gives
the parties a power never held before because it would prohibit
voters from voting in primaries other than the party for which they
are registered even if they are allowed to do so. This is not
required by the Supreme Court decision and it limits people who can
participate in primaries.
CHAIRMAN TAYLOR asked whether the legislation drafted in Mr.
Grosses committee allowed an individual to vote for more than one
time during the same primary.
MR. GROSS said each voter got just one vote but they could vote for
a democratic candidate for governor and a republican candidate for
lt. governor unless a party had limited access to their ballot. If
republicans were the only party that limited their ballot then
independents and registered republicans could vote for candidates
from all parties but voters registered with other parties could
vote for all candidates except those on the republican platform.
Number 1709
CHAIRMAN TAYLOR observed that in 1992 or 1994, Jack Coghill was
told that. if he closed the republican party ballot, republicans
would be able vote in that ballot and also the democratic ballot
since the democrats had left their ballot open. This would give
them two votes. He thought Mr. Gross was advocating this position.
MR. GROSS said that was not the case and he proceeded to explain
his position again. Each voter gets just one vote for each office.
A party can limit the people who can vote for their candidates but
they can not limit a persons right to vote for other candidates
beyond that party if the voter elects to do so. "Republicans do not
have to vote for republicans if they don't want to. They can vote
for democrats if they want to but democrats can't vote for
republicans if republicans don't want them to."
CHAIRMAN TAYLOR responded that it would follow that all the
republicans and independents could exercise their right to vote on
the republican ballot then vote for democratic candidates on a
different ballot.
MR. GROSS said this could all be done on one ballot and each person
could only vote once. Individuals would get different ballots
depending on their party preference and whether or not the party
elected to limit their primary to those voters registered to that
party. HB 193 will require independents to pick a party. They will
have to vote a straight republican or straight democratic ticket.
They can't move back and forth and participate in one primary for
governor and another primary for lt. governor. This is what
independents want and he could not see the purpose of denying them
that right. He could understand republicans not wanting democrats
or independents voting in a republican primary but if they did want
independents voting in the republican primary, what difference
would it make if they voted for state senate in a democratic
primary.
CHAIRMAN TAYLOR thought that could easily be set up but would
probably not be acceptable to democrats. His preference is that
every independent and every republican gets two ballots so they
could vote for republican candidates and also democratic ones.
MR. GROSS said that under this bill, if a republican asked for the
republican ballot he would be prohibited from participating in the
democratic primary whether the democrats wanted him to or not.
CHAIRMAN TAYLOR said he understood that.
MR. GROSS thanked the committee for hearing his testimony. He
continued to question why independents should be cut off from
participating in a blanket primary. He'd heard no support for that
position.
SENATOR THERRIAULT asked Mr. Gross for his opinion on what had been
added to the bill.
MR. GROSS replied that wasn't his focus but it sounded reasonable.
SENATOR THERRIAULT expressed his appreciation to the task force and
agreed that they had returned recommendations that were as close to
original statute as possible. This was appropriate since they were
not asked to make a policy call and is what the legislature is now
doing.
MR. GROSS stated he came to testify because of the way the
legislation has developed not simply because it was changed.
Number 2067
REPRESENTATIVE COGHILL testified that this is a personal priority
even though the task force put forward the bill using the
parameters set by Lt. Governor Ulmer.
He then read from page 14 of Democratic Party v. Jones which
provides him with the logic behind HB 193.
CHAIRMAN TAYLOR called a recess at 5:31 p.m. and called the meeting
back to order at 5:35 p.m.
SENATOR THERRIAULT asked that the Director of the Division of
Elections come forward to comment on the new section of the bill
not considered by the House. (NEW TAPE)
TAPE 01-27, SIDE A
JANET KOWALSKE, Director of the Division of Elections, stated that
her staff had worked with Senator Therriault's staff as well as
APOC and the Department of Law and determined there are no
technical problems with the bill.
CHAIRMAN TAYLOR called for further testimony and received no
response. He asked for the pleasure of the committee.
SENATOR THERRIAULT moved the Senate Judiciary version of HB 193 and
accompanying fiscal note from committee with individual
recommendations.
SENATOR ELLIS objected.
CHAIRMAN TAYLOR called for a roll call vote. The measure passed
with Chairman Taylor and Senators Cowdery and Therriault voting yea
and Senator Ellis voting nay. The bill moved from committee with
individual recommendations.
The meeting was adjourned at 5:37 p.m.
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