Legislature(2003 - 2004)
01/27/2003 01:32 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ 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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