HOUSE STATE AFFAIRS STANDING COMMITTEE February 25, 1993 8:00 a.m. MEMBERS PRESENT Representative Al Vezey, Chairman Representative Pete Kott, Vice Chairman Representative Harley Olberg Representative Jerry Sanders Representative Gary Davis Representative Fran Ulmer, arriving late Representative Bettye Davis MEMBERS ABSENT None OTHER HOUSE MEMBERS PRESENT Representative Carl Moses COMMITTEE CALENDAR *HJR 25 Relating to implementation of the Aleutian Trade Act of 1990. MOVED OUT OF COMMITTEE WITH A DO PASS RECOMMENDATION *HB 152 "An Act relating to magistrate jurisdiction." COMMITTEE SUBSTITUTE MOVED OUT OF COMMITTEE WITH A DO PASS RECOMMENDATION (* first public hearing) WITNESS REGISTER Representative Carl Moses Room 13, Capitol Building Juneau, Alaska 99811 465-4986 Position Statement: Prime Sponsor of HJR 25 Charles S. "Chris" Christensen III Staff Counsel, Alaska Court System 303 K Street Anchorage, Alaska 99501 (907) 264-8228 Position Statement: Supported HB 152 PREVIOUS ACTION BILL: HJR 25 SHORT TITLE: IMPLEMENTING ALEUTIAN TRADE ACT OF 1990 BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) MOSES TITLE: Relating to implementation of the Aleutian Trade Act of 1990. JRN-DATE JRN-PG ACTION 02/05/93 234 (H) READ THE FIRST TIME/REFERRAL(S) 02/05/93 234 (H) STATE AFFAIRS, TRANSPORTATION 02/24/93 441 (H) TRA REFERRAL WAIVED 02/25/93 (H) STA AT 08:00 AM CAPITOL 102 02/25/93 451 (H) STA RPT 7DP 02/25/93 451 (H) DP: VEZEY, B.DAVIS, ULMER, KOTT 02/25/93 451 (H) DP: SANDERS G.DAVIS, OLBERG 02/25/93 451 (H) -ZERO FISCAL NOTE (H.STA/LAA) 2/25/93 02/25/93 451 (H) RULES TO CALENDAR 2/25/93 02/25/93 458 (H) READ THE SECOND TIME 02/25/93 459 (H) ADVANCED TO THIRD READING UNAN CONSENT 02/25/93 459 (H) READ THE THIRD TIME HJR 25 02/25/93 459 (H) PASSED Y36 N1 E1 A2 02/25/93 459 (H) Phillips NOTICE OF RECONSIDERATION 02/25/93 462 (H) RECON TAKEN UP SAME DAY UNAN CONSENT 02/25/93 462 (H) PASSED ON RECONSIDERATION Y39 N- E1 02/25/93 464 (H) TRANSMITTED TO (S) BILL: HB 152 SHORT TITLE: JURISDICTION OF MAGISTRATES BILL VERSION: SPONSOR(S): JUDICIARY TITLE: "An Act relating to magistrate jurisdiction." JRN-DATE JRN-PG ACTION 02/15/93 345 (H) READ THE FIRST TIME/REFERRAL(S) 02/15/93 345 (H) STATE AFFAIRS, JUDICIARY 02/25/93 (H) STA AT 08:00 AM CAPITOL 102 ACTION NARRATIVE TAPE 93-21, SIDE A Number 000 CHAIRMAN AL VEZEY called the House State Affairs Committee to order at 8:02 a.m. on Thursday, February 25, 1993. Members present were Representatives Kott, Olberg, Ulmer, Sanders, Gary Davis, and Bettye Davis, representing a quorum. Representative Carl Moses was also present. HJR 25: IMPLEMENTING ALEUTIAN TRADE ACT OF 1990 Number 020 CHAIRMAN VEZEY read the title of HJR 25 and invited its sponsor, Representative Carl Moses to testify. REPRESENTATIVE CARL MOSES, PRIME SPONSOR OF HJR 25, outlined the need for continuing support of Alaskan tender vessels on the Aleutian Chain. Number 082 (Chairman Vezey noted the arrival of Representative Ulmer at 8:06 a.m.) Number 082 REPRESENTATIVE MOSES stated the Coast Guard was implementing the Federal Commercial Fishing Safety Act of 1988 without regard for the Aleutian Trade Act of 1990. He stated this could put small Alaska freighters out of business. Number 125 CHAIRMAN VEZEY asked Representative Moses how the 1988 Act was being implemented without the 1990 Act. REPRESENTATIVE MOSES stated the Coast Guard was ignoring the 1990 Act. Number 139 REPRESENTATIVE JERRY SANDERS stated it appeared the rules and regulations were passed in the East without regard to Alaska. CHAIRMAN VEZEY disagreed, saying regulations were different for each region. Number 174 REPRESENTATIVE SANDERS MOVED for passage of HJR 25. There being no objections, HJR 25 PASSED unanimously. HB 152: JURISDICTION OF MAGISTRATES Number 201 CHAIRMAN VEZEY read the title of HB 152 and called for testimony on the bill. Number 206 CHARLES S. "CHRIS" CHRISTENSEN III, STAFF COUNSEL FOR THE ALASKA COURT SYSTEM, testified in favor of HB 152. He explained how it would modify jurisdiction of magistrates to allow them to hear cases involving minor offenses, and also to hear cases of post-conviction relief. He stated this was an effort to relieve district judges of a heavy caseload. Number 296 REPRESENTATIVE SANDERS asked if HB 152 would preclude possible appeals to a higher court. Number 303 MR. CHRISTENSEN stated it would not. Number 310 CHAIRMAN VEZEY questioned the language in one line of HB 152 which allowed magistrates to hear misdemeanor cases that were not minor offenses, when in another line, magistrates would be allowed to hear minor offenses. Number 315 MR. CHRISTENSEN noted the discrepancy, and suggested a committee substitute (CS) might be appropriate. Number 327 CHAIRMAN VEZEY noted that a motion for amendment would be appropriate. Number 338 CHAIRMAN VEZEY asked if a revision was made, whether the provision for misdemeanors in one line and then minor offenses in another would be redundant. Number 347 MR. CHRISTENSEN said it would not. Number 357 CHAIRMAN VEZEY asked if magistrates would have jurisdiction in a felony case. Number 369 MR. CHRISTENSEN explained it would only give a magistrate jurisdiction in those cases where a misdemeanor defendant consented to such a hearing. Number 376 CHAIRMAN VEZEY asked the cost advantage of a magistrate handling such cases over a district judge. Number 385 MR. CHRISTENSEN explained that a district judge made between $80,000 to $90,000 a year plus benefits, but magistrates were state employees paid at five step ranges with a maximum of about $50,000. Number 399 CHAIRMAN VEZEY PROPOSED a CS to HB 152 that deleted the underlined portion of line 5, page 2, without objection. Number 424 CHAIRMAN VEZEY entertained a MOTION to allow CSHB 152 to be MOVED from committee with individual recommendations. Number 425 REPRESENTATIVE BETTYE DAVIS MOVED for acceptance of CSHB 152 and for it to be moved from committee. CHAIRMAN VEZEY called for a short at ease at 8:26 a.m., and reconvened at 8:28 a.m. Number 434 Committee Substitute to HB 152 was PASSED unanimously with individual recommendations. ADJOURNMENT Number 449 CHAIRMAN VEZEY adjourned the meeting at 8:31 a.m.