Legislature(2009 - 2010)BUTROVICH 205

04/14/2010 08:30 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 36 INITIATIVES: CONTRIBUTIONS/ PROCEDURES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 251 VEHICLE LIENS/TOWING/STORAGE/TRANSPORT
Moved CSHB 251(JUD) Out of Committee
= HB 253 MECHANIC/MATERIALMEN LIENS
Moved HB 253 Out of Committee
= HB 408 MISCONDUCT INVOLVING WEAPONS
Moved CSHB 408(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 14, 2010                                                                                         
                           8:30 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Dennis Egan                                                                                                             
Senator Lesil McGuire                                                                                                           
Senator John Coghill                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 408(JUD)                                                                                
"An Act relating to misconduct involving weapons."                                                                              
                                                                                                                                
     - MOVED CSHB 408(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 251(JUD)                                                                                
"An  Act   relating  to   liens  on   vehicles  and   to  towing,                                                               
transporting,  and  storage of  vehicles;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 251(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 253                                                                                                              
"An  Act relating  to the  time periods  affecting certain  liens                                                               
related to  providing labor, material,  service, or  equipment to                                                               
real property, including buildings and other improvements."                                                                     
                                                                                                                                
     - MOVED HB 253 OUT OF COMMITTEE                                                                                            
                                                                                                                                
CS FOR SS FOR HOUSE BILL NO. 36(FIN) AM                                                                                         
"An Act  relating to ballot initiative  proposal applications, to                                                               
ballot  initiatives and  to those  who file  or organize  for the                                                               
purpose of filing  a ballot initiative proposal,  and to election                                                               
pamphlet information relating to certain propositions."                                                                         
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 408                                                                                                                  
SHORT TITLE: MISCONDUCT INVOLVING WEAPONS                                                                                       
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
02/26/10       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/26/10       (H)       JUD, FIN                                                                                               
03/12/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/12/10       (H)       Heard & Held                                                                                           
03/12/10       (H)       MINUTE(JUD)                                                                                            
03/24/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/24/10       (H)       <Bill Hearing Rescheduled to 03/25/10>                                                                 
03/25/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/25/10       (H)       Moved CSHB 408(JUD) Out of Committee                                                                   
03/25/10       (H)       MINUTE(JUD)                                                                                            
03/26/10       (H)       JUD RPT CS(JUD) 2DP 2NR                                                                                
03/26/10       (H)       DP: LYNN, RAMRAS                                                                                       
03/26/10       (H)       NR: HERRON, GATTO                                                                                      
04/08/10       (H)       FIN AT 9:00 AM HOUSE FINANCE 519                                                                       
04/08/10       (H)       Moved CSHB 408(JUD) Out of Committee                                                                   
04/08/10       (H)       MINUTE(FIN)                                                                                            
04/09/10       (H)       FIN RPT CS(JUD) 9DP                                                                                    
04/09/10       (H)       DP:   THOMAS,   GARA,   DOOGAN,   JOULE,                                                               
                         N.FOSTER,   KELLY,    SALMON,   STOLTZE,                                                               
                         HAWKER                                                                                                 
04/10/10       (H)       TRANSMITTED TO (S)                                                                                     
04/10/10       (H)       VERSION: CSHB 408(JUD)                                                                                 
04/11/10       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/10       (S)       JUD                                                                                                    
04/12/10       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/12/10       (S)       Heard & Held                                                                                           
04/12/10       (S)       MINUTE(JUD)                                                                                            
                                                                                                                                
BILL: HB 251                                                                                                                  
SHORT TITLE: VEHICLE LIENS/TOWING/STORAGE/TRANSPORT                                                                             
SPONSOR(s): RAMRAS                                                                                                              
                                                                                                                                
01/08/10       (H)       PREFILE RELEASED 1/8/10                                                                                

01/19/10 (H) READ THE FIRST TIME - REFERRALS

01/19/10 (H) STA, JUD 03/09/10 (H) STA AT 8:00 AM CAPITOL 106 03/09/10 (H) Heard & Held 03/09/10 (H) MINUTE(STA) 03/11/10 (H) STA RPT 1DP 4NR 03/11/10 (H) DP: LYNN 03/11/10 (H) NR: JOHNSON, GATTO, GRUENBERG, PETERSEN 03/11/10 (H) STA AT 8:00 AM CAPITOL 106 03/11/10 (H) Moved Out of Committee 03/11/10 (H) MINUTE(STA) 03/25/10 (H) JUD AT 1:00 PM CAPITOL 120 03/25/10 (H) Moved CSHB 251(JUD) Out of Committee 03/25/10 (H) MINUTE(JUD) 03/26/10 (H) JUD RPT CS(JUD) NT 2DP 3NR 1AM 03/26/10 (H) DP: LYNN, RAMRAS 03/26/10 (H) NR: HERRON, DAHLSTROM, HOLMES 03/26/10 (H) AM: GATTO 04/01/10 (H) TRANSMITTED TO (S) 04/01/10 (H) VERSION: CSHB 251(JUD) 04/02/10 (S) READ THE FIRST TIME - REFERRALS 04/02/10 (S) STA, JUD 04/08/10 (S) STA RPT 4DP 1NR 04/08/10 (S) DP: MENARD, MEYER, PASKVAN, KOOKESH 04/08/10 (S) NR: FRENCH 04/08/10 (S) STA AT 9:00 AM BELTZ 105 (TSBldg) 04/08/10 (S) Moved CSHB 251(JUD) Out of Committee 04/08/10 (S) MINUTE(STA) 04/09/10 (S) JUD AT 8:30 AM BUTROVICH 205 04/09/10 (S) Heard & Held 04/09/10 (S) MINUTE(JUD) BILL: HB 253 SHORT TITLE: MECHANIC/MATERIALMEN LIENS SPONSOR(s): RAMRAS

01/08/10 (H) PREFILE RELEASED 1/8/10

01/19/10 (H) READ THE FIRST TIME - REFERRALS

01/19/10 (H) L&C, JUD 03/01/10 (H) L&C AT 3:15 PM BARNES 124 03/01/10 (H) Moved Out of Committee 03/01/10 (H) MINUTE(L&C) 03/04/10 (H) L&C RPT 5DP 03/04/10 (H) DP: LYNN, BUCH, CHENAULT, T.WILSON, OLSON 03/12/10 (H) JUD AT 1:00 PM CAPITOL 120 03/12/10 (H) Moved Out of Committee 03/12/10 (H) MINUTE(JUD) 03/15/10 (H) JUD RPT 6DP 03/15/10 (H) DP: LYNN, GRUENBERG, HERRON, DAHLSTROM, GATTO, RAMRAS 03/26/10 (H) TRANSMITTED TO (S) 03/26/10 (H) VERSION: HB 253 03/29/10 (S) READ THE FIRST TIME - REFERRALS 03/29/10 (S) L&C, JUD 04/06/10 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg) 04/06/10 (S) Moved HB 253 Out of Committee 04/06/10 (S) MINUTE(L&C) 04/07/10 (S) L&C RPT 4DP 04/07/10 (S) DP: PASKVAN, MEYER, THOMAS, BUNDE 04/09/10 (S) JUD AT 8:30 AM BUTROVICH 205 04/09/10 (S) Heard & Held 04/09/10 (S) MINUTE(JUD) BILL: HB 36 SHORT TITLE: INITIATIVES: CONTRIBUTIONS/ PROCEDURES SPONSOR(s): JOHANSEN, MILLETT, P.WILSON

01/20/09 (H) PREFILE RELEASED 1/9/09

01/20/09 (H) READ THE FIRST TIME - REFERRALS

01/20/09 (H) STA, JUD 03/25/09 (H) SPONSOR SUBSTITUTE INTRODUCED 03/25/09 (H) READ THE FIRST TIME - REFERRALS 03/25/09 (H) JUD, FIN 04/06/09 (H) JUD AT 8:00 AM CAPITOL 120 04/06/09 (H) Heard & Held 04/06/09 (H) MINUTE(JUD) 04/06/09 (H) JUD AT 1:00 PM CAPITOL 120 04/06/09 (H) Heard & Held 04/06/09 (H) MINUTE(JUD) 04/13/09 (H) JUD AT 8:00 AM CAPITOL 120 04/13/09 (H) Heard & Held 04/13/09 (H) MINUTE(JUD) 04/15/09 (H) JUD AT 1:00 PM CAPITOL 120 04/15/09 (H) Moved CSSSHB 36(JUD) Out of Committee 04/15/09 (H) MINUTE(JUD) 04/16/09 (H) JUD RPT CS(JUD) 1DP 3DNP 1NR 1AM 04/16/09 (H) DP: COGHILL 04/16/09 (H) DNP: HOLMES, GRUENBERG, RAMRAS 04/16/09 (H) NR: DAHLSTROM 04/16/09 (H) AM: LYNN 04/18/09 (H) FIN AT 8:30 AM HOUSE FINANCE 519 04/18/09 (H) Heard & Held 04/18/09 (H) MINUTE(FIN) 02/08/10 (H) FIN AT 1:30 PM HOUSE FINANCE 519 02/08/10 (H) Heard & Held 02/08/10 (H) MINUTE(FIN) 03/15/10 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/15/10 (H) Heard & Held 03/15/10 (H) MINUTE(FIN) 03/16/10 (H) FIN AT 9:00 AM HOUSE FINANCE 519 03/16/10 (H) Heard & Held 03/16/10 (H) MINUTE(FIN) 03/16/10 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/16/10 (H) Moved CSHB 36(FIN) Out of Committee 03/16/10 (H) MINUTE(FIN) 03/19/10 (H) FIN RPT CS(FIN) NT 6DP 4AM 03/19/10 (H) DP: THOMAS, AUSTERMAN, KELLY, FAIRCLOUGH, STOLTZE, HAWKER 03/19/10 (H) AM: GARA, DOOGAN, JOULE, N.FOSTER 04/11/10 (H) TRANSMITTED TO (S) 04/11/10 (H) VERSION: CSSSHB 36(FIN) AM 04/12/10 (S) READ THE FIRST TIME - REFERRALS 04/12/10 (S) JUD, FIN 04/13/10 (S) JUD AT 9:15 AM BUTROVICH 205 04/13/10 (S) Heard & Held 04/13/10 (S) MINUTE(JUD) 04/14/10 (S) JUD AT 8:30 AM BUTROVICH 205 WITNESS REGISTER REPRESENTATIVE JAY RAMRAS Alaska State Legislature Juneau, AK POSITION STATEMENT: Sponsor of HB 253 ALPHEUS BULLARD, attorney Legislative Legal Services Legislative Affairs Agency Juneau, AK POSITION STATEMENT: Answered questions related to HB 36. SONIA CHRISTENSEN, staff to Representative Johansen Alaska State Legislature Juneau, AK POSITION STATEMENT: Provided information about a House committee amendment to HB 36. ACTION NARRATIVE 8:30:54 AM CHAIR HOLLIS FRENCH called the Senate Judiciary Standing Committee meeting to order at 8:30 a.m. Present at the call to order were Senators Egan, Coghill and French. Senators Wielechowski and McGuire arrived soon thereafter. HB 408-MISCONDUCT INVOLVING WEAPONS 8:31:22 AM CHAIR FRENCH announced the consideration of HB 408. It was heard previously and testimony was taken. SENATOR COGHILL moved to report CS for HB 408(JUD) from committee with individual recommendations and attached fiscal note(s). There being no objection, CSSB 408(JUD) moved from the Senate Judiciary Standing Committee. HB 251-VEHICLE LIENS/TOWING/STORAGE/TRANSPORT 8:32:25 AM CHAIR FRENCH announced the consideration of HB 251. It was heard previously and public testimony was taken. SENATOR COGHILL said his questions were answered and he supports the bill. SENATOR WIELECHOWSKI and SENATOR MCGUIRE joined the committee. SENATOR WIELECHOWSKI moved to report HB 251 from committee with individual recommendations and attached fiscal note(s). There being no objection, CSHB 251(JUD) moved from the Senate Judiciary Standing Committee. HB 253-MECHANIC/MATERIALMEN LIENS 8:33:46 AM CHAIR FRENCH announced the consideration of HB 253. It was previously heard. REPRESENTATIVE JAY RAMRAS, sponsor of HB 253, thanked the committee for its cooperation and assistance on the bill. CHAIR FRENCH opined that there has been a good working relationship between the bodies for the last couple of years. SENATOR WIELECHOWSKI moved to report HB 253 from committee with individual recommendations and attached fiscal note(s). There being no objection, HB 253 moved from the Senate Judiciary Standing Committee. At Ease from 8:35 a.m. to 8:38 a.m. HB 36-INITIATIVES: CONTRIBUTIONS/ PROCEDURES 8:37:57 AM CHAIR FRENCH announced the consideration of HB 36. The committee heard an overview of the bill yesterday and public testimony was taken. He welcomed Lieutenant Governor Campbell and noted that he was available to answer questions. [CSSSHB 36(FIN) AM was before the committee.] CHAIR FRENCH moved to adopt Amendment 1, labeled 26-LS0197\CA.2, and objected for the purpose of discussion. He explained that it clarifies that the hearings on initiatives will be certified by the lieutenant governor and it narrows the scope of the work that the Legislature will do to review an initiative. AMENDMENT 1 Page 7, lines 30 - 31: Delete "Review of initiatives certified by the lieutenant governor by standing committees of the legislature" Insert "Legislative hearings on initiatives certified by the lieutenant governor" Page 8, line 3: Delete "conduct reviews" Insert "hold at least one hearing" 8:39:20 AM CHAIR FRENCH moved to adopt a conceptual amendment to Amendment 1 on page 8, line 3, to clarify that the presiding officers of the House and Senate shall select the standing committee that will hear the initiative. SENATOR WIELECHOWSKI asked if on page 8, line 1, the phrase "shall consider an initiative" will be changed to "have a hearing". CHAIR FRENCH agreed the language should be consistent throughout the bill. Finding no objection to the conceptual amendment, Chair French announced that it is adopted and that Amendment 1 is again before the committee. SENATOR WIELECHOWSKI suggested it would be reasonable to add the language in subsection (c) on page 7, lines 16-17 to Section 15 of the bill. CHAIR FRENCH agreed. Finding no further objection, he announced that Amendment 1, [as conceptually amended], is adopted. 8:44:02 AM SENATOR MCGUIRE moved Amendment 2. AMENDMENT 2 Page 8, line 1: Delete "consider" Insert "hold a hearing on" There being no objection, Amendment 2 was adopted. CHAIR FRENCH said Amendment 3, by Senator Wielechowski, is to add to Section 15, the language that is in subsection (c) of Section 12. SENATOR WIELECHOWSKI suggested making it applicable to the whole chapter. CHAIR FRENCH said he completely agrees with the idea of adding it to Section 15, but he'd want to hear from Mr. Bullard before going further than that. 8:45:40 AM SENATOR WIELECHOWSKI moved to adopt conceptual Amendment 3. CONCEPTUAL AMENDMENT 3 Add the following language to Section 15: "Penalties for a violation of this section may not include removal of an initiative from the ballot." SENATOR COGHILL objected. Noting that there isn't an affirmative penalty, he asked if the idea is to leave it open for other penalties. CHAIR FRENCH asked Mr. Bullard to comment. ALPHEUS BULLARD, attorney, Legislative Legal Services, Legislative Affairs Agency, said he wouldn't advise this language being applied anywhere. It's clear in the Constitution that the only way that an initiative can be removed from the ballot is if the Legislature passes a substantially similar measure or if a court finds that it's an unconstitutional use of the initiative power. Including the proposed language throughout the bill obscures that fact, he said. CHAIR FRENCH summarized that Mr. Bullard is cautioning against the Legislature inserting itself statutorily when the Constitution already gives clear direction. MR. BULLARD agreed that is his position. SENATOR WIELECHOWSKI questioned the harm in including the provision. MR. BULLARD replied the fact that the language is in Section 12 begs the question of why it wasn't included in Section 15 and others. "While it won't change what the constitution provides, I think that it obscures that reality," he said. SENATOR WIELECHOWSKI said that's why he advocates applying it to the whole chapter. CHAIR FRENCH reviewed Article 11 of the Alaska Constitution 8:49:24 AM SENATOR WIELECHOWSKI offered to withdraw the amendment if the committee wanted to think about it overnight. CHAIR FRENCH asked Miss Christensen to tell the committee about the House debate on this provision. SONIA CHRISTENSEN, staff to Representative Johansen, explained that the language in Section 12, subsection (c) was conceptual added in the House Finance Committee. Representative Gara wanted to make it clear that "funny business" by the Legislature or the lieutenant governor would not result in an initiative being defaulted from the ballot. The sponsor doesn't object to adding the provision to Section 15, she said. CHAIR FRENCH asked if Representative Gara made the conceptual amendment with the benefit of counsel from Legislative Legal Services. MS CHRISTENSEN replied she wasn't sure. CHAIR FRENCH asked Senator Wielechowski if he would withdraw the amendment because Senator Coghill had to leave due to another commitment. SENATOR WIELECHOWSKI said the point that it could set off legal challenges if it's in one section and not another is well taken, which is why he would urge consistency. CHAIR FRENCH said he's considered removing the provisions about a public hearing and hearings by the Legislature because some people see it as an impediment to the initiative process. 8:52:54 AM SENATOR WIELECHOWSKI withdrew conceptual Amendment 3. SENATOR MCGUIRE asked the committee to consider adding a severability clause. CHAIR FRENCH asked Mr. Bullard to remind the committee about severability. MR. BULLARD advised that there is a severability clause in Title 1 of the statutes, so while it would do no harm to include it, it's not necessary. CHAIR FRENCH said the basic idea behind Amendment 4 is to ask the lieutenant governor to make reasonable efforts to broadcast the hearings so that they reach people who aren't living in population centers. 8:55:34 AM CHAIR FRENCH moved Amendment 4, labeled 26-LS0197\CA.5. AMENDMENT 4 Page 7, following line 17: Insert a new subsection to read: "(d) If the lieutenant governor determines that it is technologically and economically feasible, the division shall provide a live audio and video broadcast of each hearing held under (a) of this section on the division's Internet website." There being no objection, Amendment 4 was adopted. CHAIR FRENCH, noting that HB 36 was drafted before the Citizens United decision, asked Mr. Bullard if the language could be tightened by substituting the word "person" for "individual, person, nongroup entity, or group" throughout the bill. MR. BULLARD cautioned that he hadn't had much time for review, but the language could be amended a little in sections 1 and 6. Section 1, page 1, lines 6 and 8, could read "every person" on each line. Section 6, page 3, line 7, could read "An initiative committee or other person". CHAIR FRENCH asked if he agrees that this changes nothing; it simply makes it more concise. MR. BULLARD replied he was hesitant to say that's completely true because he hadn't given it the time to know for certain. CHAIR FRENCH said he wouldn't offer the amendment just yet, but it's on his mind. CHAIR FRENCH announced he would hold HB 36 in committee for further work. 8:58:18 AM There being no further business to come before the committee, Chair French adjourned the meeting at 8:58 a.m.

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