SENATE JUDICIARY COMMITTEE April 7, 1999 1:40 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Dave Donley Senator John Torgerson Senator Johnny Ellis MEMBERS ABSENT Senator Rick Halford, Vice-Chairman COMMITTEE CALENDAR SENATE JOINT RESOLUTION NO. 18 Requesting Exxon Corporation to pay claimants for court-ordered damages resulting from the Exxon Valdez oil spill. -MOVED SJR 18 OUT OF COMMITTEE SENATE JOINT RESOLUTION NO. 10 Proposing amendments to the Constitution of the State of Alaska requiring that the provisions of a bill that levy new state taxes or increase the rate of a state tax require the affirmative vote of at least two-thirds of the membership of each house of the legislature. -MOVED SJR 10 OUT OF COMMITTEE SENATE JOINT RESOLUTION NO. 14 Proposing amendments to the Constitution of the State of Alaska relating to the election and the duties of the attorney general. -HEARD AND HELD PREVIOUS SENATE COMMITTEE ACTION SJR 18 - No previous action to report. SJR 10 - See State Affairs minutes dated 3/9/99. SJR 14 - No previous action to report. WITNESS REGISTER Senator Georgianna Lincoln State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Presented SJR 18 Mr. Mark Hodgins Staff to Senator Jerry Ward State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Presented SJR 10, SJR 14 Mr. John Hopkins Box 343 Cordova, AK 99574 POSITION STATEMENT: Supported SJR 18 Ms. Barbara Jensen Box 294 Cordova, AK 99574 POSITION STATEMENT: Supported SJR 18 Ms. Patience Andersen Faulkner Box 2574 Cordova, AK 99574 POSITION STATEMENT: Supported SJR 18 Mr. Chris Berns PO Box 26 Kodiak, AK 99615 POSITION STATEMENT: Supported SJR 18 Ms. Jana Larsen Kodiak Native Association Kodiak, AK 99615 POSITION STATEMENT: Supported SJR 18 ACTION NARRATIVE TAPE 99-24, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 1:40 and announced SJR 18 would be the first order of business. SJR 18-EXXON VALDEZ DAMAGE CLAIMS SENATOR GEORGIANNA LINCOLN, sponsor of SJR 18, thanked the committee for hearing the legislation. She explained the resolution requests Exxon Corporation pay the punitive damages awarded to over 40,000 Alaskans. She reported it has been 10 years since the Exxon Valdez oil spill and 5 years since an Alaskan jury awarded the 5 billion dollar judgement, and it is yet to be paid. SENATOR LINCOLN proposed the Legislature has been supportive of the oil industry and therefore Exxon should be a good corporate citizen and pay all punitive damages. SENATOR LINCOLN pointed out that on March 25, 1999, 37 Attorneys General from the Association of Attorneys General signed a letter asking Exxon to end the protracted litigation over the judgement and honor the unanimous verdict of the jury. Number 070 SENATOR DONLEY stated his strong support for the resolution. MR. JOHN HOPKINS, testifying via teleconference from Cordova, testified in support of SJR 18. Number 100 MS. BARBARA JENSEN, also testifying via teleconference from Cordova, spoke in support of the resolution. MS. PATIENCE ANDERSEN FAULKNER, also testifying via teleconference from Cordova, testified in support of SJR 18. Number 119 MR. CHRIS BERNS from Kodiak supported SJR 18. MS. JANA NELSON, representing the Kodiak Native Association, stated she and her organization strongly support SJR 18. Number 130 SENATOR DONLEY moved SJR 18 from committee with individual recommendations. Without objection, SJR 18 moved from committee with individual recommendations. CHAIRMAN TAYLOR expressed his thanks to the sponsor of the resolution, Senator Lincoln. SJR 10-CONST AM: SUPERMAJORITY FOR TAX LEVIES MR. MARK HODGINS, staff to Senator Jerry Ward, presented SJR 10. He explained SJR 10 proposes a constitutional amendment requiring a 2/3 majority vote of the bodies of both legislative houses in order to enact a new tax. MR. HODGINS stated that 14 other states have enacted similar or more stringent requirements for the adoption of taxes. MR. HODGINS said SJR 10 would protect taxpayers by ensuring that any tax imposed is a necessary tax. Number 175 SENATOR DONLEY moved SJR 10 from committee with individual recommendations. SENATOR ELLIS objected. The roll was called: voting to move the bill were Senator Donley, Senator Torgerson and Chairman Taylor. Senator Ellis was opposed. So, SJR 10 moved from committee with individual recommendations. SJR 14-ELECTION OF ATTORNEY GENERAL MR. MARK HODGINS, staff to Senator Jerry Ward, presented SJR 14. MR. HODGINS explained that SJR 14 is similar to a bill that has already been heard by the Judiciary committee this session. SJR 14 is a constitutional amendment to elect the Attorney General. MR. HODGINS said many state elect the Attorney General. Some people feel when the Attorney General is appointed, as is done in Alaska, he or she may not work in the best interest of the people of the state, but rather works on behalf of the Governor, and toward the Governor's political interests. Number 210 CHAIRMAN TAYLOR asked if the bill places any restriction on future offices the Attorney General may hold. MR. HODGINS replied there were no restrictions in the bill. CHAIRMAN TAYLOR explained that previous versions of this legislation contained restrictions on higher offices, so that a person elected to be Attorney General would be precluded from seeking higher office for a certain amount of time. MR. HODGINS said the only restriction in the bill limits the Attorney General to two terms. Number 236 SENATOR DONLEY moved SJR 14 with individual recommendations. SENATOR ELLIS objected. CHAIRMAN TAYLOR asked Senator Donley to withdraw his motion in order that he might work with the bill sponsor concerning restrictions on future office. SENATOR DONLEY withdrew his motion. With nothing further to come before the committee, CHAIRMAN TAYLOR adjourned the meeting at 1:55 p.m.