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.