Legislature(2003 - 2004)

01/27/2003 01:32 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        January 27, 2003                                                                                        
                           1:32 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Scott Ogan                                                                                                              
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
Senator Hollis French                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
Organizational Meeting                                                                                                          
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                              
No previous action to record.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
No public testimony was taken.                                                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-01, SIDE A                                                                                                            
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee  meeting to  order at  1:32  p.m.   The quorum  present                                                               
included Senator  Ellis, Senator  French, Senator Ogan  and Chair                                                               
Seekins.  Senator Therriault arrived at 1:40 p.m.                                                                               
                                                                                                                                
CHAIR  SEEKINS  described  the  purpose  of  the  meeting  as  an                                                               
organizational  meeting.    He  informed the  committee  that  no                                                               
bills  were   scheduled  currently  and  referred   to  a  packet                                                               
containing the bill scheduling requirements.                                                                                    
                                                                                                                                
CHAIR  SEEKINS introduced  committee  staff  member, Brian  Hove.                                                               
Mr.  Hove's background  is primarily  banking, eleven  years with                                                               
National  Bank of  Alaska (NBA)  and one  and a  half years  with                                                               
Northrim Bank prior to his current  position.  Mr. Hove is a hard                                                               
worker, a good detail person and very dependable.                                                                               
                                                                                                                                
CHAIR SEEKINS  said the scheduling  of Friday  afternoon meetings                                                               
would be  avoided when possible.  He preferred to  start meetings                                                               
on time  and spend no more  time than necessary to  cover all the                                                               
business before  the committee.   He  asked if  committee members                                                               
had any questions or comments.                                                                                                  
                                                                                                                                
SENATOR  HOLLIS  FRENCH  asked   about  protocol  when  committee                                                               
members addressed one another.                                                                                                  
                                                                                                                                
CHAIR SEEKINS asked Senator Ogan,  Chair of Senate Resources, how                                                               
members were addressed in that committee.                                                                                       
                                                                                                                                
SENATOR SCOTT  OGAN responded that  it is formal.   All questions                                                               
are addressed  through and acknowledged  by the  committee chair.                                                               
Members refer to each other as Senator.                                                                                         
                                                                                                                                
SENATOR  FRENCH  asked  if  when   addressing  a  witness  should                                                               
questions be directed through the chair.                                                                                        
                                                                                                                                
CHAIR SEEKINS responded that was correct.                                                                                       
                                                                                                                                
SENATOR  OGAN said  the response  from witnesses  should also  be                                                               
through the chair.                                                                                                              
                                                                                                                                
CHAIR  SEEKINS  said  some  witnesses  were  more  familiar  with                                                               
protocol than others.                                                                                                           
                                                                                                                                
SENATOR JOHNNY ELLIS  asked if Chair Seekins wanted  to share any                                                               
kind of guiding  philosophy, principles or goals he  may have for                                                               
the session and for the committee.                                                                                              
                                                                                                                                
CHAIR  SEEKINS  said there  are  issues  the Judiciary  Committee                                                               
needs to address.                                                                                                               
                                                                                                                                
     My  personal goals  at this  particular time,  Senator,                                                                    
     are to learn  the ropes as fast as I  possibly can, not                                                                    
     get in  anybody's way  in the  process but,  still, you                                                                    
     know,  make  sure we  address  the  questions that  the                                                                    
     people of  this state have  that would come  before the                                                                    
     committee.   I'm not a  dogmatic type  of a person.   I                                                                    
     feel  strongly  about  issues,   I'll  make  sure  that                                                                    
     everyone understands my  feelings on it but  I am here,                                                                    
     as I'm sure  you are and everyone on  the committee is,                                                                    
     to try  to do the business  of the people of  the state                                                                    
     as efficiently as we possibly can...                                                                                       
                                                                                                                                
     I  have  no  doubt  that  we'll all  be  able  to  work                                                                    
     together effectively.   And I  know, Senator  French is                                                                    
     the only one  I don't know, by either  by reputation or                                                                    
     having  been  observed for  quite  sometime  so I  look                                                                    
     forward to working with all of you.                                                                                        
                                                                                                                                
SENATOR ELLIS noted  that has been the tradition  and practice of                                                               
the Judiciary  Committee for about  a decade.  The  committee has                                                               
been very civil to one another,  has operated in a very collegial                                                               
manner  and  accommodated  everyone.    He said  it  has  been  a                                                               
pleasant working  environment and  was sure that  would continue.                                                               
He appreciated Chair Seekins' comments.                                                                                         
                                                                                                                                
CHAIR  SEEKINS said  he did  not anticipate  they would  have any                                                               
problems.                                                                                                                       
                                                                                                                                
     I come of a big family,  there were seven of us, and on                                                                    
     Sunday  afternoons  after  church we  had  discussions.                                                                    
     Some people  thought they were arguments  but they were                                                                    
     discussions and we all loved  each other even though we                                                                    
     could disagree from time to time.                                                                                          
                                                                                                                                
SENATOR ELLIS responded.  "Well love may be pushing it."                                                                        
                                                                                                                                
1:40 p.m.                                                                                                                       
                                                                                                                                
CHAIR SEEKINS announced Senator Therriault's presence.                                                                          
                                                                                                                                
CHAIR  SEEKINS  informed the  committee  that  hearings would  be                                                               
started promptly and they would  move quickly through the agenda.                                                               
He  summarized his  experience as  chair of  large organizations,                                                               
most  recently having  been the  National Chairman  for the  Ford                                                               
Dealer Council.   He prefers  to keep  things moving and  come to                                                               
some kind of action as quickly as possible.                                                                                     
                                                                                                                                
SENATOR ELLIS  noted the committee  would have  lawyers available                                                               
including one committee member.                                                                                                 
                                                                                                                                
CHAIR SEEKINS agreed  that Senator French, being  a lawyer, would                                                               
do what he can to keep the committee  on track.  "I tend to think                                                               
of  the law  as being  common  sense and  if it  gets outside  of                                                               
common sense  it's probably not the  law."  He added  he would be                                                               
asking questions and hoped the  rest of the committee would also.                                                               
The   Legislative   Legal   Staff  will   provide   guidance   on                                                               
constitutional boundaries.                                                                                                      
                                                                                                                                
SENATOR  GENE THERRIAULT  apologized for  being late.   He  asked                                                               
Chair Seekins the following question.                                                                                           
                                                                                                                                
     Would it  be your preference  that if there is  a piece                                                                    
     of legislation that's  in our packet for  review and we                                                                    
     have an idea  of how it should be  wordsmithed a little                                                                    
     bit that we  work that all out and as  much as possible                                                                    
     have   that   incorporated   into   a   CS   (committee                                                                    
     substitute) or  do you just  want ideas brought  to the                                                                    
     committee in amendment form.                                                                                               
                                                                                                                                
CHAIR SEEKINS answered if it  is something that committee members                                                               
informally  talked about  and it  is substantial,  going to  a CS                                                               
would be  fine.  If  it involves  a small amount  of wordsmithing                                                               
they should  discuss it rather than  prepare a CS ahead  of time.                                                               
He asked if committee members had a preference.                                                                                 
                                                                                                                                
SENATOR  ELLIS  said no,  it  was  an old  conundrum,  amendments                                                               
versus committee  substitutes.   "You would prefer  all committee                                                               
substitutes have to run through the chair?"                                                                                     
                                                                                                                                
CHAIR  SEEKINS said  yes.   "I'm sure  I'll make  a few  mistakes                                                               
along  the way  and I  appreciate your  patience and  I guarantee                                                               
I'll work hard at it.  I'm sure you all will too."                                                                              
                                                                                                                                
CHAIR SEEKINS  informed Senate President Therriault  he was given                                                               
the chair closest to the  door understanding the pressures of his                                                               
job.  He explained to Senator  Ellis that Mr. Hove is very detail                                                               
orientated.    Another  person  may  have a  great  deal  of  law                                                               
background but  maybe is not  as detail  oriented.  He  said even                                                               
the smallest details do not get past Mr. Hove.                                                                                  
                                                                                                                                
He announced a  joint session with the  House Judiciary Committee                                                               
on Friday, January  31st at 1:30 to 3:00 p.m.  for the purpose of                                                               
confirmation  hearings on  the three  members nominated  by Chief                                                               
Justice Fabe for the Select Committee on Legislative Ethics.                                                                    
                                                                                                                                
SENATOR FRENCH  asked what information  would be  provided before                                                               
that committee hearing.                                                                                                         
                                                                                                                                
CHAIR SEEKINS  explained he would be  working with Representative                                                               
McGuire's  office on  the preparation  of informational  packets.                                                               
Chief  Justice  Fabe  supplied   letters  of  recommendation  and                                                               
resumes  will  be  included  upon   receipt.    Packets  will  be                                                               
distributed to  committee members  as quickly as  the information                                                               
is available.                                                                                                                   
                                                                                                                                
SENATOR  ELLIS asked  if those  three individuals  were all  that                                                               
would be up for consideration at that hearing.                                                                                  
                                                                                                                                
CHAIR SEEKINS answered yes.                                                                                                     
                                                                                                                                
SENATOR ELLIS  asked if  a date  had been set  for review  of the                                                               
attorney general designee.                                                                                                      
                                                                                                                                
CHAIR SEEKINS  disclosed Attorney  General Gregg Renkes  is going                                                               
to  be traveling  to Washington  D.C. to  make some  introductory                                                               
arguments  in front  of the  Special  Master on  the Glacier  Bay                                                               
direct  action lawsuit  [United  States Supreme  Court, No.  128,                                                             
Original,  State  of  Alaska,  Plaintiff   v.  United  States  of                                                             
America].  Attorney General Renkes  requested time to prepare the                                                             
argument prior  to meeting with  the Senate  Judiciary Committee.                                                               
Chair Seekins had asked Attorney  General Renkes for notification                                                               
of a  possible date that would  fit into his schedule  as soon as                                                               
he returns  from Washington D.C.   "We want  to get that  done as                                                               
quickly as  possible too without putting  any additional pressure                                                               
on his preparation time."                                                                                                       
                                                                                                                                
SENATOR ELLIS mentioned the practice  in the last eight years for                                                               
appointments had been  to wait until the very last  moment of the                                                               
legislative   session   for   confirmation  of   the   governor's                                                               
appointees.   There may not  be a  rush for the  Senate Judiciary                                                               
Committee  to review  the attorney  general's confirmation.   The                                                               
legislature usually keeps the governor  on the line until the end                                                               
of the session.   He said that  executive/legislative tension can                                                               
be creative at times.                                                                                                           
                                                                                                                                
CHAIR SEEKINS said he did not  feel any tension with the governor                                                               
but others may so he will take that under consideration.                                                                        
                                                                                                                                
SENATOR ELLIS clarified he was  referring to that tension that is                                                               
in the Alaska State Constitution.                                                                                               
                                                                                                                                
CHAIR SEEKINS  said the  House Judiciary  Committee is  trying to                                                               
schedule the attorney general confirmation  hearing as quickly as                                                               
possible.  He did  not know of any conflict but  they may have to                                                               
hold the confirmation hearing back for scheduling reasons.                                                                      
                                                                                                                                
CHAIR  SEEKINS appreciated  the committee  members being  present                                                               
and looked  forward to working  with them.   "And please,  if you                                                               
think there is something that you can add to how I handle this                                                                  
seat I appreciate your input."                                                                                                  
                                                                                                                                
There being no further business to come before the committee, he                                                                
adjourned the meeting at 1:47 p.m.                                                                                              

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