----------------------- Page 1----------------------- 1971-72 HOUSE JUDICIARY COMMITTEE) VOL. 1 TABLE OF CONTENTS 1971 INDEX 1971 MINUTES 1/13/1971 - 5/6/1971 1971-72 HJ MINLOG vOlll ----------------------- Page 2----------------------- ----------------------- Page 3----------------------- HOUSE JUDICIARY COMMITTEE MINUTES INDEX 7 Bill No. Title Page(s) HB 3: Voter Pre-Registration 21,22,35,39,85,86 HB 5: Probate Code 1,2,4,20,23,24,26,39,83 HB 11 Estrays 2,64,81,86,90,100,107 HB 15 Revisor's Bill 1,2 HB 25 Automobile Insurance Plan 1,3,4,24,163,166 HB 40 Defenses against civil liability 1,2,4,5,7,8,19,20,22,23,30,63 HB 47 First Degree Murder 1,2,4,5,8-11,19,22,30,36,37,85,86, 111,163 HB 48 Jury Lists 1,2,4,7,11,14-18,20,23 HB 54 Claims Against The State 2,13,19,20,24,32,33,35,39,76 HB 57 Motor Vehicles Racing 21 HB 97 Age of Majority 60-62,69-75,81,83,100,101,107 HB 100 Careless Use of Firearms 30 HB 104 Log Branding 65,76,86,88,89 HB III Revising Alaska Statutes 30,31,51,55-58,63,64,75 HB 113 Children/Supervision 141,149 HB 117 Constitutional Convention 78-80,82 HB 120 Local Gov. Housing Auth. 30,34 HB 125 Placement of Minors 132,135 (Incorp. into HB 223) HB 133 Taking Game by Non-Res. 78-80 HB 145 Concealed Weapons 147 HB 162 Public Utilities Comm. 76 HB 163 Registration Voters 54,55,58 HB 164 Monopolies 91,102-104,118-121,134,136,138, 140,150 ..IB 168 Alcoh. bev/waitress serving 62,82,85 HB 172 Notice execution judgments 58,75 ----------------------- Page 4----------------------- Index Continued HB 174 Consumer Credit Code 57 HB 180 Marine Radio Communications 100,104,108 HB 186 Physical exam/non-res empl. 75,79 HB 188 Adoption Procedures 83 HB 196 Human Rights Commission 63,66-68,86,87 HB 197 Discriminatory Practices 68,86,87 HB 204 Sale of Public Bonds 88,89,95-97,117 HB 223 Protection of children 130,132,135 HB 225 Notaries Public 76 HB 226 Court System Supp. Approp. 66 HB 229 Pesticides 150,151,155,159,161,163,166 HB 242 Late charges/loan payments 148,154,163 HB 249 Rights of the Blind 81,82 HB 251 Banking 133 HB 252 Alaska Securities Act 147,151 HB 253 Trust Companies 116,117 HB 258 Borough Assemblymen/elected 163 HB 259 Women in the Militia 87,88,90 HB 265 Duties/Dept. of Education 105-107,109,161,163 HB 278 Junked Vehicles 140 HB 289 Dist. Court Jurisdiction 81,82,108 HB 293 Surplus Line Insurance 91,93,97,149 HB 294 Child Neglect 116,117,126 HB 299 Vexatious Litigants 86 HB 305 Insurance/non-commercial 91,93,97a HB 308 Jurisdiction/Dist. Courts 91,94,108,109,112,113,116,141,163 HB 309 ADC Exemption Garnishment 91 ----------------------- Page 5----------------------- Index continued HB 313 Court System Personnel 121,126-129,134 HB 319 Homestead Exemption - Trailers 94,98,99 HB 320 Tools of Trade/exempt. 100 HB 321 Increase Homestead exempt. 98,99,121 HB 323 Relating to Elections 108,152 HB 328 Use of Firearms 103 HB 330 Limited liability/Sch Board 121 HB 340 Income/execution exempt. 135,138,141 HB 341 Rules/Crim. Procedure/change 164 HB 342 Rules/Crim. Procedure/rules 162-164 HB 349 Atty. Fees/small tort actions 164 HB 350 Superior Ct./Fifth District 162 HB 357 Mobile Home Code 135,142,145 HB 363 Driving under drug influence 147 HB 388 Admin. of small estates 133,140,151 HB 393 Magistrates 128,134,140,158 HB 394 Special session/legislature 164 HB 397 Tax Reform Act 141 HB 398 Tax Reform Act 141 HB 405 Alaska Supreme Court 126,134,145 HB 411 Atty. Clerkship 144 HB 448 Survivors benefits/jude retire. 164 HB 451 Uniform foreign money 165 HB 452 Uniform foreign money/enforce. 165 ----------------------- Page 6----------------------- HOUSE CONCURRENT RESOLUTIONS HCR 1 Representation/urban areas 20,30,86,164 HCR 24 Uniform Probate Code Study 93 HCR 51 WICHE Program 167 HOUSE JOINT RESOLUTIONS HJR 2 Legislature/increase member. 24 HJR 26 Native Land Claims 108,117 HJR 38 First Class City/assemblymen 164 HJR 50 Dual-Office Holding 80,86 HJR 52 Size of Juries 86,94 HJR 75 Borough Assemblymen/Apport. 164 ----------------------- Page 7----------------------- ]Jndex continued SENATE BILLS SB 1 Police Standards Council 154,158 SB 2 Oil and Gas Leases 149 SB 6 Introduction of Bills 38 SB 28 Violent Crimes Compo Board 53,54,85 SB 38 Gov. invas. of state employees 122,124,125,134,136,138 SB 41 Good Samaritan Bill 140 SB 57 Relating to sec./Civil Suits 29,36,38 SB 64 Dist. Judges/U.S. Magistrates 29,31,38,39,58,63 SB 65 Drug Prescriptions 64,66,82 SB 68 Children needing supervision 141,149,153 (HB 113) SB 82 Public Transit Powers 76 SB 88 Alaska Bar Assoc. Reapport. 62 SB 103 Administration of Justice 158 SB 112 Execution of judgments 146,148,164 SB 117 Powers/4th Class Cities 101,105 SB 123 Shoplifters 122,123,133 SB 144 Endangered Fish & Wildlife 165 SB 171 Peremp. challenge/Dist. Judge 128 SB 188 Lease/Real Property 146 SB 190 Board of Equalization 167 SB 192 Fed. Tax Reform Act (HB 397) 141,144 SB 193 Fed. Tax Reform Act (HB 398) 141,144 SB 226 Practice of Med. & Osteopathy 152 ----------------------- Page 8----------------------- Index Continued SENATE CONCURRENT RESOLUTIONS SCR 28 Supreme Court Amend. Rule 146 SCR 36 Criminal Code Study 154 SCR 42 "State of the Judiciary" Mess. 164 SENATE JOINT RESOLUTIONS SJR 10 Exclusive right of fisheries 124 SJR 21 Confe of Chief Justices 80 SJR 24 Ratif. of 26th U.S. Const. Amend. 117 ----------------------- Page 9----------------------- INdex Continued SUBJECT INDEX Additional Court Room Space 26,114,115 Administrative Inquiries 141 Administration of small estates 112 Budget Review 25 Corrections 25,29,40=43 Public Safety 25 Dept. of Law 25,29,49-52 Court System 25,29,44-48 Public Defender 25,106,105 Change of Venue 92 Court System Amended Supple Budget Request 84 Court System Request to Exempt. employees 84,85 Dual Office Holding 59,64,81 Judicial Council Rec: Jur.is. Dist. Court 76,77 Mental Compentency Bill 97a Motorcycle Regulations 113 Notary Public 64 Preparation of 6-min jury bill 82 Quiet Title Suits 92 Reapportionment-Board of Gov. 27 Requirements for Admittance to Bar 28 Retirement benefits/risk occupations 159 ----------------------- Page 10----------------------- \ 13 ----------------------- Page 11----------------------- 1/13 HOUSE JUDICIARY COMMITTEE MINUTES OF THE MEETING Wednesday, January 13, 1971 Chairman Moran called the meeting to order at 4:30 p.m. in the Masonic Temple. Present were Banfield, Rose, Barber, Meland, Randolph, and Peterson. Mr. Peterson is our Staff Counsel from Legislative Affairs. First order of business was to discuss a more convenient time to hold Judiciary Committee meetings. Mike Bradner will be invited to be at our meeting tomorrow to see if we can arrive at a better schedule. Chairman Moran outlined the procedures by which the com- mittee would accomplish its work. He explained that the committee members would run the operation, and that he would only be presiding. He wants all members to feel free to come to him with any matters wherein the chair- man could be of assistance. Mr. Rose asked what the main purpose of the Judiciary Committee was and Mr. Peterson read from the Joint Rules explaining that Judiciary was especially assigned to check into the legal and substantive parts of the bills. Chairman Moran mentioned that the subcommittee system will be used extensively and that we will issue press releases from time to time. (Hillstrand arrived 4:40) Jury Lists Mrs. Banfield requested consideration of her bill on jury lists at our meeting tomorrow. She will have witnesses HB-48 to testify on this measure. Mr. Hillstrand reported that he was working on HB-25 - Auto Insur. Automobile Insurance Plan - and that this is a bill that HB-25 promises to be very controversial. He has been given the responsibility to set up meetings for Commerce where there will be people from distant places testifying on this measure. He wanted the committee's approval on setting up a joint meeting with the Commerce Committee. This was agreeable to committee members. Chairman Moran distributed copies of HB-5 - Probate Code - HB-5 Probate Code to all committee members. Revisor's Mr. Peterson mentioned HB-15 - Revisor's Bill - and Bill suggested that this might be assigned for study sometime HB-15 soon. Meeting adjourned at 5:05 p.m. -1- ----------------------- Page 12----------------------- 1/14 HOUSE JUDICIARY COMMITTEE MINUTES OF THE MEETING Thursday, January 14, 1971 Vice Chairman Rose called the meeting to order in the absence of Chairman Moran at 4:30 p.m. in the Masonic Temple. Chairman Moran assumed chairmanship at 4:40. Present were: Randolph, Rose, Hillstrand, Banfield, Barber, and Peterson. Discussion was held on HB-48-Jury lists - Banfield explained the purpose of this bill was to relieve the HB-48 Jury Lists pressure of not having a bona fide list from which to draw juries. Mr. Peterson outlined the information from Vern Snow's letter on this problem. (Moran arrived 4:40) Barber felt that this list would not be such a problem if the state's computer system could be utilized in preparing this list. Banfield will speak to the Lieutenant Governor in this regard and report back to the committee tomorrow. Randolph discussed deleting the hunting and fishing license list require- ment. Meland asked if there would be an increase of names on this list over what we already have available. Rose asked for the deletion of "resident fishing and hunting licenses". The problem of persons getting on the list three times by being included on every list was also discussed. Mr. Meland asked for discussion of appropriate meeting times. For this week, Judiciary Committee will meet following adjournment and consideration will be given to a 9:00 a.m. meeting time. HB-15-Revisor's Bill - was explained to committee mem- Revisor's bers by Art Peterson. He called attention to the memo HB-15 Bill that accompanies the bill. The committee adopted the memo as their committee report for HB-15 and unanimously signed the bill out "Do Pass". Mr. Moran will carry this bill on the Floor. Assignments:HB-5-Probate Code--Mrs. Banfield. Mr. Rose also is researching this subject and will be submitting HB-5 material to the next session of the legislature. HB-II-Estrays--Randolph. We have contacted Mr. Orbeck on his bill and he does not want to be heard for approx- HB-ll imately one week. He explained that it was mainly a local Fairbanks problem. HB-40-Civil Liability--Meland. HB-40 HB-47-First degree murder--unassigned. Secretary will contact Mr. Colletta to ask him to come to our meeting HB-47 at his convenience to explain the purpose of the bill. HB-54-Claims against the State--Mike Rose. HB-54 -2- ----------------------- Page 13----------------------- 4 Thursday, January 14, 1971 HB-25-Automobile Insurance Plan--was discussed further .to Insur. by Rep. Hillstrand. On arranging for the public hearing the idea was expressed that a Saturday would be a good 25 day and we could procure the court room starting at about 9:30 a.m. in the morning. It was agreeable to the committee to arrange this as a joint meeting with the Senate. Chairman Moran announced that our meeting for tomorrow will be held immediately after adjournment of the House. Meeting adjourned at 5:50 p.m. -3- ----------------------- Page 14----------------------- I 1/15 HOUSE JUDICIARY COMMITTEE MINUTES OF THE MEETING Friday, January 15, 1971 Chairman Moran called the meeting to order at 11:15 a.m. in the Masonic Temple. Present were: Randolph, Meland, Rose, Hillstrand, Banfield, Barber. HB-48 - Jury lists - was the first order of business. B-48 Chairman Moran noted a letter from Gene Guess showing that the jury list must be solved by January 1971. Mrs. Jury Lists Banfield was unable to make contact with the parties concerned in this matter. She was able to have a dis- cussion with Mr. Havelock on the bill and he did not want to delete hunting and fishing license lists. He felt this would add 145,00 names to the list. We will be receiving a memo on this from the Department of Rev- enue either today or Monday. Chairman Moran requested that all members work on this bill and it is desired to have it back and on the Floor by Tuesday. HB-5-Probate Code. A short discussion was held on Probate this bill. Rose asked if the Uniform Probate Code HB-5 Code was available to this committee. The chairman related that Mr. Eastaugh will provide the committee copies of the code. HB-47-First degree murder. Rose reported a conversation .L _.L"'st that he had with Mike Colletta on this bill. He didn't HB-47 Degree feel it would be necessary to have him come to the com- Murder mittee as he would not have very much information on this. The chairman felt that he should be invited as a courtesy. The committee concurred in this. Banfield thought that we should work through the Attorney General's office on this bill. She reported that Donna Sprague would be available for discussions on legislation. Rose requested a hearing wherein the AG's office, Public Defender, and President of the local bar would testify. I HB-40 - civil liability-- Mr. Meland would like to have I - Civil HB 40 Rep. Swanson present when we discuss his bill. This will Liability be taken up tomorrow. HB-25 - Automobile Insurance Plan -- Secretary will arrange to obtain the courtroom for January 30, at 25 Auto Insur. 9:00 a.m. for the consideration of a public hearing on this bill. The secretary will be advised as to who to notify on this hearing after the date has been finalized. We will meet tomorrow at 10:00 a.m. for consideration of HB-40 and HB-47. Secretary will contact Mr. Peterson and inform him of the meeting and also that we would like to have some information from him as to the State of Alaska law on the subjects. Meeting adjourned at 11:50 a.m. -4- ----------------------- Page 15----------------------- 1/16 HOUSE JUDICIARY COMMITTEE MINUTES OF THE MEETING Saturday, January 16, 1971 Chairman Moran called the meeting to order at 10:05 a.m. in the Masonic Temple. Present were: Barber, Banfield, Peterson, Rose, and Randolph. First consideration was given to HB-47 - First degree First murder. Mr. Don Craddick, from the Public Defender's HB-47 Degree office in Juneau, appeared before the committee on this Murder bill. He did not give the position of the Public Defender Agency since he was unable to contact Mr. Herb Sole in Anchorage. He did give the committee his own view on this bill. His testimony was against the bill and recommended the concept of aggravated assault with degrees in penalty be considered. Mike Colletta appeared as a witness in behalf of his bill. He explained that he was trying to solve a prob- lem that exists in the statutes now. He related a recent case from Anchorage. Mr. Colletta does not have any objection to this committee preparing a committee sub- stitute in order to reach his objective. Mr. Peterson was directed to prepare a draft committee substitute which shows the aggravated-degree of penalty concept. This will be prepared according to the sug- gestions given by Mr. Craddick. The secretary will write to Chicago to get a copy of the proposed uniform law on this subject. Mr. Moran felt that we could work through Mr. Eastaugh in getting a copy of the uniform law. Discussion was held on "intent of state of mind" and this will be discussed after Mr. Moran obtains copies of the Chase case which covers "mental competency" so each member can have this information. Also the listing of the crimes as a part of this bill was discussed. Mr. Peterson will draft the substitute by avoiding the listing of the offenses. Copies will be provided for committee members when such are prepared. HB-40 - Civil liability - The sponsor, Rep. Swanson, appeared before the committee in favor of his bill. He Civil explained the reason for requesting Legislative Affairs HB-40 Liability to draft such a bill for him. He offered a bill that had gone through the legislative processes in California up and until it came to the appropriations, and at that point it failed. He related a case in Alaska as an example. He related that in criminal law there is a protection but there is no protection in civil law for a person to defend oneself or ones property. After a detailed discussion the committee asked Art to do research on this subject and find out what our common law is on this point. This was to see how much protection -5- ----------------------- Page 16----------------------- 1/16 Saturday, January 16, 1971 we already have. Unless the necessary changes can be made to this bill to do what Rep. Swanson desires, he suggested 40 Civil that the committee table the bill or place it in hold. Liability Mr. Peterson will use the suggestions of the committee and try to break this down into several elements regarding imminent danger. This should relate to a crime or an att to commit a crime rather than in a general sense. Mr. Peter- son will submit his material early next week. The next meeting will be held at 4:30 p.m. on Monday, January 18. Meeting adjourned at 11:45 p.m. -6- ----------------------- Page 17----------------------- 1/17 Sunday, January 17, 1971 No meetings were held this day. ----------------------- Page 18----------------------- 1/18 HOUSE JUDICIARY COMMITTEE MINUTES OF THE MEETING Monday, January 18, 1971 Meeting was called to order by Chairman Moran at 4:35 p.m. in the Masonic Temple. Present were: Meland,Barber, Rose, Peterson, Banfield, and Randloph. Mrs. Banfield reported that Mr. Erickson, Administrator of Jury lists Courts, will be at our meeting tomorrow afternoon to dis- HB-48 cuss the jury list problem. If there are any other matters concerning legislation or problems that affect the Court Administrator, these could be discussed at that time. Chairman Moran distributed copies of the Pope case in order to be informed about "mental competency". This was provided Mental for committee members so they could provide legislative competency direction to this subject for possible introduction at the next session. Moran felt this information would be inter- esting and beneficial to all members. Mr. Rose reported that Mr. Swanson advised that he would like to see the committee set his bill aside - HB-40 - Civil Civil liability. Mr. Rose would like to ask Mr. Peterson HB-40 Liability to draft another bill that would accomplish the purpose to provide for a person to come to the defense of a stranger and in so doing be able to use reasonable force. Banfield moves that HB-40 be tabled; seconded by Rose. Banfield would like to be included as a sponsor. Moran asked whether or not the committee wanted to drop the matter and then proceed to discuss matters that are a part of this bill or whether they wanted to have a committee substitute prepared. Rose brought out that Swanson does not want his name connected with a committee substitute and would prefer that someone else sponsor the bill. Randloph asked what the most expeditious way of handling this matter would be, in view of the two processes. Moran felt the bill would make more rapid progress by being tabled and asked Mr. Peterson to have a draft to present to the committee tomorrow and then it would be decided in which manner it would be handled. Mr. Meland asked for an explanation of what happened on Saturday. Mr. Moran reviewed the activity for him and showed that it had presented two main problems: (1) Mr. Swanson was under the misapprehension that the effect of his bill was to bar people from filing a lawsuit under certain circumstances, and (2) that it would provide a statutory defense to civil liability where a person had reacted to the commission of a crime, either a threat to himself or to others. Rose suggests that we act on the motion. Moran restated the motion to table HB-40. There was unanimous vote to table HB-40. (Hillstrand arrived 4:47) -7- ----------------------- Page 19----------------------- 1/18 January 18, 1971 Page 3 this approach is used, but usually the states are trying First to get away from the felony-murder concept. The Califor- HB-47 Degree nia case seems to be a reversal of that trend. At any Murder rate, I am not sure what he or the committee had in mind with the idea of putting an aggravated crime in here. We have aggravated assault, armed assaults, dangerous weapons assaults, fire arms used during the commission of certain crimes. If the committee has any idea about Mr. Craddick's discussion on crimes, maybe you can remember. Art noted that when we get into the "act" we are getting into the negligence area. We wanted to avoid listing the crimes that could be committed. There is a so-called model or revised criminal code, but if you are to use this particular phrase you might be talking about a manslaughter charge. This needs further committee clarification before I can write anything on this. Randolph asked if you included the second "criminal" if this wouldn't clear it up. Moran has assumed that (a) person is guilty of a first degree murder if he kills another person while engaged in an inherently criminal dangerous act. Peterson is not sure that adding "criminal" solves this problem. Moran suggested that Art look into the recent federal legislation re additional penalties. The California case was talking about words as to whether the words were bad enough to cause the act. Mike Colletta noted that the committee was removing the word "purposely". Also the portion in Section b where we eliminated naming specific crimes and put in the aggravated penalty clause. Rose thought that we were to remove all of "b" and put the aggravated crime provisions where they belong in the other statutes. That is, in each criminal provision so that there could be an aggravated arson, burglary, robbery, assault, etc. It would be taken out of this bill. The "a" portion does not do anything more than delete "of sound mind and discretion" and this is an improvement. Mike Colletta in regard to section (b) was that Craddick's suggestion was that we don't list the crimes, but that we just put in the word Tfcrime Tf . Moran commented that (a) should be left as it is and (b) should be changed. Rose objected showing that this would be eliminated and the listed crimes would be placed in the proper statute. They would be fully covered under this particular statute. Moran felt that the two essential elements were the "inherently criminal act" and (2)(c) where we were going to graduate the punishment as to whether a dangerous weapon, etc., was to be used. -9- ----------------------- Page 20----------------------- 1/18 January 18, 1971 Page 4 Rose brought out that Mr. Craddick testified that the inclusion of (b) in the first degree murder provision First was advisable but that this was a legislative deter- HB-47 Degree mination to be made. He did recommend that instead of Murder citing specific crimes, we should have something more general. This is where he wanted the aggravated specified crimes with a dangerous weapon. We considered a number of examples. Barber (b) was to be a person is guilty when "an inher- ently dangerous criminal act results in the death of another person. Mr. Rose agreed with Mr. Barber. Mr. Peterson asked if the committee wanted to add "physically" dangerous or some other descriptive words as to how it was made dangerous. Moran felt that it should be inher- ently dangerous to a person rather than just to property. Banfield noted that the difficulty here is that if you perpetrate an act and a death occurs, then you are guilty of murder. One thing bothered Mr. Barber, what would happen if a fellow choked another to death? Mr. Colletta directed a question to Mr. Peterson. In (b) if they were to delete "first degree" would we still be accomplishing what I was dealing with? Art got the law on fire arms and Chairman Moran read this to the committee. Rose then asked if it wouldn't be all right to use "danger- _ous, weaponrt rather than "fire arm". Also he asked why poison was set out separately. Mr. Peterson explained that the other laws are set out this way. Rose moves that we amend HB-47 by deleting from paragraph (a) (2); deleting all of (b), but adding the necessary aggravated assault provision providing for larger penal- ties in each of the major inherently dangerous crimes. Banfield asked if this wouldn't be rather confusing for anyone looking up the law on first degree murder in Alaska? Rose thought it would make it more easily read. Then for Section (c) you have the provision for sentencing. Moran asked if he meant two separate sections or a 'number of them. It seems that we have to define first degree murder. Sec- tion (c) can be left in there. Section (b) should be moved over to amend the existing law on use of fire arms in the commission of certain crimes. Mr. Peterson will come up with some language that provides a more general ground rule. This is not to be limited to fire arms. Art will confer with Mr. Craddick to make sure that this draft reflects his observations as he testified before us on Saturday. Rose had a question on Section (a)(l). Is there any value to the word "deliberate" being in there? Isn't purposely and premeditated enough? Art feels that fuis is true. Rose makes a motion to delete "deliberate"; seconded by Randolph. Moran noted that on HB-47 - first degree murder -10- ----------------------- Page 21----------------------- 1/18 January 18, 1971 Page 5 we retain the description of first degree murder, that we retain the language of the section which provides for First punishment therefor, and that we prepare a revision for HB-47 Degree the provisions for special attention to those crimes Murder committed with fire arms as it now appears. For Section ( a ) ( 1 ) s t r ike TI del i be r at e fI and all 0 f ( a) ( 2 ) . Al so repeal the second poison notation in this bill. Moran asked why the poison section is separate. Hillstrand asked what the present act had to say about first degree murder. A discussion of present law was held. The Gray case was also discussed. Rose felt that before acting on this motion that the committee should invite the Attorney General or his delegate to meet with us. We are dealing with something pretty serious. The secretary will call Mr. Havelock's office and refer to this bill, noting that we will meet tomorrow afternoon and desire to have someone give their views on this. Also invite Dick McVeigh. Mr. Peterson asked whether the committee wanted to add threatening language, holding that the intent was sig- nificant, or do you want the weapon to be the aggravated part? Mr. Colletta wanted leave out the word fire arms with the aggravated assault. Mr. Peterson will try to have something worked out for the committee tomorrow. Mr. Moran mentioned that Art should probably meet with the AG's office on this, so the secretary will not have to notify that office. Rose asked if we were to retain the concept of felony~ murder. Moran explained that Mr. Craddick did not want to have this retained. Tomorrow we will have Mr. Erickson, the Court Administrator, Jury lists If we listen to the Lieutenant Governor, we probably won't HB-48 be able to get this bill out before Tuesday--HB-48 - Jury lists. Mike Colletta will be here tomorrow. We are having problems with our meeting time and Mr. Meland should understand that this is a problem that does come up from time to time. He probably will have to choose which meeting to attend. Mr. Meland felt that missing the meeting on Saturday did not allow him to understand fully what had been accomplished. Tomorrow the meeting will be held at 3:00 p.m. Chairman Moran announced that we were trying to get additional secretarial help. Rose had a question on "state of mind" legislation. Do we have a request for a committee bill to be drafted? Mental The chairman related that he had obtained copies of the competency Pope opinion and after it is read, everyone would have a general idea about the area in which we want to deal. -11- ----------------------- Page 22----------------------- l/IS January IS, 1971 Page 6 Moran feels that the M'Naghten Rule is not sufficient Mental and the Durham Rule is not satisfactory either. There competency is a third rule adopted by one court. In the Pope case opinion, this is the strict M'Naghten Rule. After we have read the opinion then it will be an appropriate matter to bring up again, possibly within a week. Mr. Peterson asked if there was a request for him to prepare something on this. Rose thinks we should set up machinery necessary to have the committee informed as to what views exist elsewhere and what recommendations may have been made so that we can have a choice. Next Friday we will consider this problem. (January 22) Rose requested a report from Art on what there is by way of uniform recommendations, revised recommendations, etc. Moran directed Art to look into this. Tomorrow we will meet at 3:00 p.m. I will make a serious attempt to get us into the other building, and we will proceed to recruit another person to work with Mrs. Mason. Colletta's bill -HB-47 - first degree murder- and HB-4S - Jury lists - sponsored by Banfield will be considered tomorrow. Chairman Moran gave list of bills assigned to this committee. First Referral: HB-ll-impounding estrays; HB-54- claims agalnst state ; and HCR-l-representation urban areas. First and only referral: HB-5-probate code; HB-15- revisor statutes, judges; HB-40-civil liability; HB- 47-First degree murder; and HB-4S-jury lists. Subsequent referrals: HJR-l-amendment to constitution, qualifications of the attorney general; HJR-2-amendment to constitution,increasing membership of legislature; HB-3-voter registration; HB-16-political campaigns and ethics; HB-25-motor vehicle insurance; HB-26-liquor licenses; HB-2S-antlerless moose; HB-29-Poison in con- trolling predatory animals; HB-34-physician assistants; HB-36-arctic closed area to taking of game and fur animals; HB-39-selling tobacco to minors; HB-41-prefer- ence rights for local government-tidelands; HB-42-amend Alaska Retail Installment Sales Act; HB-45-driver licensing. HCR-I-Representation urban areas- is assigned to this committee. -12- ----------------------- Page 23----------------------- 1/18 January 18, 1971 Page 7 Rose wanted to know how far we go with bills in this committee. Do we notify the administration, insurance companies, etc.? Who is representing the insurance Claims companies? Moran noted that Ross Duncan and Newt Cutler HB-54 against were the insurance representatives. Rose felt that if state the Trial Lawyers' Association was contacted that would be all that was necessary. He did want to know if he should attempt hearings before the whole committee or whether he was to proceed w~th the matter on his own. Moran related that the persons should be alerted that the matter is about to be heard by the committee and find out whether they would like to be heard. This is in reference to HB-54-claims against the state- and the bill deals with only possible state liability, yet it seems we are throwing it into the same bag. I think we should consider subdivisions of the state, boroughs, etc. Rose didn't think this bill covered that. Don Berry of the Municipal League should be invited to our meeting on this. The secretary will write letters to interested parties if given advance notice of the time. Meeting adjourned at 6:00 p.m. -13- ----------------------- Page 24----------------------- HOUSE JUDICIARY COMMITTEE MINUTES OF THE MEETING Tuesday, January 19, 1971 Chairman Moran called the meeting to order at 3:05 p . m . in the Masonic Temple. Present were Meland, Banfield, Barber, and Peterson . The first order of business was HB - 48 - Jury Lists . Mr. Vern Roberts from the Dept. of Fish & Game appeared before the HB 48 Jury Lists committee on behalf of his department . The one difficulty that this department has found is determining the judicial district in which licensees reside . This is especially true for servicemen who often give APO addresses. For this reaso his department recommends an amendment for line 17 following l "during the preceeding year". Add "showing an Alaskan address\" . He reported that a list had been furnished to the court I system this year . I Mr. Erickson, Administrator of Courts, joined the committee in their discussion . He requested that the Fish & Game Dept. revise their license form to include a birthdate, full middle name, street address, and mailing address. It was also re- quested that zip codes be included on every license . He felt that the list could then be more easily compiled by use of the computers . It was also requested that persons having social security numbers should put these on the form. Committee members were concerned that by having these in- creased lists that there would be a wider selection for juries and also a cross - section of the people represented on the list l. There was some consideration of dropping Fish & Game lists as I Mr . Erickson didn't think the court system would object . Banfield moved to delete hunting and fishing licenses from the Committee substitute . Randolph seconded this . (Hillstrand arrived 3:25 p . m . Rose arrived 3:25 p.m.) There were no further questions for Mr. Roberts and he left to attend the Resources Meeting . Fred Boetsch, Department of Revenue, joined the committee at the table for discussion relative to his department. One of the problems that Revenue has had in administering the current law was with the definition of "resident". A true definition is not given in the laws that we operate under so we think that the language in the current bill referring to a person's filing an income tax return having an Alaskan address will hel . us. Finding a common denominator of the three different lists in order to eliminate duplication is quite difficult . Using the SSA# is good, but getting all of the people to put the number on the forms is another problem. If you eliminate Fish & Game we will only need it on the tax returns and on the voting reg - istration lists . I don't know whether the SSA# is required fo registration . We have had a problem here which I pointed out to Mr . Stevenson the other day that our list in the past has included people who may have filed an Alaskan tax return as residents and subsequently left the state . Also, there are those who came into the state and filed as nonresidents and la er became residents . I think this bill will help us in having a more current list . We are not ever going to get around the problem of the list being old before the jury list is prepared r The extent of this according to our estimation could be 10- 15 . per cent of the people on the list. - 14 - ----------------------- Page 25----------------------- 1/19 January 19, 1971 Page 2 Mr. Erickson explained that it was not the intent of the court system to go to an annual list. They are going to add to their list quarterly, adding those that become residents and those reaching the age of 19 . Banfield asked asked Mr. Erickson to give a step-by-step procedure telling the committee how they arrive at a jury list. Mr. Erickson noted that primarily they got their names from the voter registration list. This will be done using the three lists as outlined by the last legislature. We had problems. We didn't have anough staff to handle this, at least not within the structure of the superior courts where we have been doing this work. I could see no way that we could do a decent job with the staff that we had. We then went to the data processing people. We wanted to satisfy the intent of the law, and then the supreme court told us that it wasn't satisfactory for them. We then arrived at this method of satisfying both the law and the supreme court. The process was to batch all the cards with the available information and have these punched . This would result in one master list. Alphabetically from A-Z, dropping out the aliens, nonresidents, etc., where we are attempting to match SSA# and any other factors in order to drop as many duplications as possible. We want to get it down to judicial districts. We are in the process now of ascertaining zip codes since we find that 80 percent of our lists do have the zip code listed. This can be used to show district. I hope to have this ready within two or three days. This will give us an alphabetical listing of all judicial districts. We will have a list of rejects and duplications which will be gone through manually. These will be added to the lists. We will have the listings ready by district by February 1. They will send us the fifth listing and we will have that back by the 15 of Feb- ruary. I have the added problem of the supreme court. This relates to the 15-mile radius, which is no longer satisfactory. How we are going to resolve this, I don't know. Maybe by election districts. He gave an example of a man living just outside the 15-mile radius near Eagle River. I really don't think that this is the practical approach. I recommend that we mesh this into the court locations to see if this compares. Maybe I can use the zip codes. We will have to extend the mileage in order to meet the requirements of the supreme court. There will be a meeting on this on February 16. We will submit a list by community and by court and our suggestion of how to get a representative jury. I hope they will recommend the changes. We are also going to ask the supreme court to look at what we are doing here. Banfield: Do you recommend any further changes in this bill: -15- ----------------------- Page 26----------------------- 1/19 January 19, 1971 Page 3 Mr . Erickson called our attention to Page 2, lines 8- 13 . He asked the committee to reconsider this. He thinks it will make it more difficult to have the list go to the Lieutenant Governor's office for processing . To satisfy the supreme court it might be better that we just get the lists from the various agencies and we will work with data processing in preparing the lists. We would rather do this under the supervision of the courts . We do not want to have the lists broken down, just send the list to the Administrato of Courts . We want to use computers even more in the com- pilation. We are trying to get this modernized . Banfield: What about the July 1 of each numbered year? Mr. Erickson: I think the time is adequate . We also want to work out how the processing people will prepare the quarterly plan and keep it up to date . Banfield: What about the residency? Mr . Boetsch: We are now capturing the code as to the tax - payers lists from the tax forms . By the language of this bill we could use zip codes because you are adding that an Alaskan address must be shown. We are, at the present time, inserting zip codes on the tax returns where they are missing Mrs. Banfield asked if Revenue could have their work done by July 1 . I think according to our projection for this year, that by the end of July, by the time that we finish processing the forms and it is entered on the file , it can be done in from two to five weeks . This depends on the workload in the offices. As you know, the bulk of the form with a tax due are filed on April 15 . So this is our heavy workload period . Most of the list would be available on July 1. This could vary from two to three weeks . The last several thousand people filing would not be on the list. Erickson: I am hoping that the supreme court will pass on the list we are now p~eparing and give their approval . Erickson: I asked Fish & Game if they were dropped from providing the list how much of a saving this would provide . They told me it would save about $1,500 . 00 or $2 , 000 . 00 . Randolph : I would agree that something needs to be done . For several years I have heard comments of judges and attorne s with regard to jury lists and if this is only going to cost $2,000 . 00 the public relations aspect alone will be helpful. I feel the list should be increased . Those that register to vote do feel that they are being taken advantage of . Rose: The idea was presented that certain groups of society are much less likely to vote as a matter of habit, including the poor, natives, blacks, and that when the people come to trial that take only voter's lists they do not feel that they are represented by their peers . If you use the tax -list, you will get most of these people . Barber: With respect to that last point, I mean people being - 16- ----------------------- Page 27----------------------- 9 January 19, 1971 Page 4 included on the taxpayer list, especially since we follow the Tax Reform Act, the number of people who will be filing the forms will be lower starting in 1970 because of the exclusion on income. The requirements for filing will be changed. Low income people will be excluded from the list. The problem we have here isn't a matter of expense. It is more a matter of fairness. This is to give people equal opportunity to serve as jurors. We should address ourselves to that. Hillstrand: I recommend now without any modification that we use Mr. Barber's words on the opening preamble on reporting this bill out. Nobody is concerned with the actual money now. Barber: There is an ambiguity where it says a resident hunting or fishing license. There could be commercial hunting and fishing licenses that might no come under this catagory. I think this should be specified. Boetsch: May I comment on the costs? I asked data processing to give a breakdown on producing the list. This was about $1,500.00. This includes programming, key punch testing, systems analyst time, and there are indirect costs in the number of people that spend time on this. They are included because they are taken away from other activities. If we start making changes in the programming or start the list based on zip codes we will have to do additional programming, additional analyst time, etc. Therefore, other address information and birthdate would have to be set up on our equipment. Randolph: My feeling that the cost of producing the list of taxpayers which list was submitted to the court system and is now being used is not the problem. The problem is when the list will be completed. My biggest complaint against adding hunting and fishing was that I thought it was more expensive. Now we are using address lists or residency codes and if we wanted any other information included they would have to change their operation. Banfield: I have a fiscal note saying the cost would run around $1,500.00. Moran assigned Mrs. Banfield to carry this bill when it goes on the floor. Banfield: Can we decide what we want to do about Fish & Game? Including Fish & Game tends to broaden the selection and the cost is relatively modest. Randolph moved that we leave the bill as drafted leaving Fish & Game in. Rose seconded this part, that is, adopting the concept of leaving Fish & Game in. Hillstrand objects on the basis that there will not be any significant increase in the list. He thinks there are a lot of hidden costs that do not show. What I don't understand is that we have an adequate list that refle s -17- ----------------------- Page 28----------------------- January 19, 1971 1/19 Page 5 a cross-section of society and all walks of life and that the best job and the simplest that could be done is by referring to a jury list straight from the registrations of the voters. I am saying that you will not add to or include a great many persons that do not serve and carry out their public duty as Mr. Barber says. This is like trying to make an honest man out of a crook. A person that does not want to serve on a jury would not make a good juror. Up unti last year it paid $10.00 a day and this is a hardship on many people. Under the new law, the subsistance has been in- creased. I don't believe that the problem is as pressing as it would have been if we didn't have registration . Rose mentioned that the time and the cost of one appeal to the Supreme Court and the return of that case to the trial court will cost more than the cost of preparing a list. If we can avoid one appeal by preparing a broader list we are saving time and money for the state. Now as to the question of representation. As pointed out, there are areas where voter registration is extremely poor. We all know that. He got this information from the efforts of a number of his co-candidates where in the last election in certain neighbor - hoods, the results of obtaining voter registrants was very low. Even with the list we have, it does not show true representation. You will find fishing villages where people don't care much to vote and are very low as far as income is concerned and these would be included on the fishing and hunting list. If one of these people is brought to court to answer a charge, they can say that they are not being fairly represented. I am saying that it would be wise and economical to adopt all three lists. Moran: There is a factor that he is concerned with and he opposes voter registration because he would like to keep to a minimum any deterent to voting. We get rid of poll taxes, literacy tests and then we add these other deterents. I would like to see other persons added to a list besides just the voters list. Banfield: The whole thing will have to be re-written, in view of the Administrative Court Director being used for compiling the lists. Rose: Page 1, line 14, delete from Prepare. Change to "shall obtain from the Alaska District Court". Moran: In regard to the dates, August 1 will be the date change. Also, put in for "each year". Mrs. Banfield wants the Fish & Game Dept. to know that we mean for commercial licenses to be included. In our report on the bill, we will indicate that we are talking about all f~shing licenses . Thi , will show our intent. Peterson: On the dates you mentioned, instead of July 1 on page 2, line 12, it will be August 1 of each year. The odd -18.,;, ----------------------- Page 29----------------------- January 19 , 1971 Page 6 numbered year was put in in response to Vern Snow's problem of last year. He wanted to know if they had changed the system now . Banfield said they had . Moran asked the committee if they were prepared to deal 1st Degree with Mr. Colletta's problem (HB - 47 First Degree Murder) . Murder Mr . Peterson reported that Mr . Craddick would like to be here and so would the AG. (Meland left - 4:25 p . m.) Moran asked what the pleasure of the committee would be on HB - 47 . Barber didn't feel th e re would be any hurry. Randolph asked Mr. Peterson if there was anything he could add . Peterson had some draft material. Peterson reported earlier that the AG's Office would like to have at least a week's notice. Rose mentioned to Dick McVeigh that we would appreciate his appearance and thoughts on the subject. He indicated he would come if we would advise him when it would be scheduled. Moran: The only thing we ought to do something about is Mr . Swanson's bill HB-40 - Civil Liability. We tabled that Civil and we will be putting out an original substitute bill . We HB 40 Liability could make it a substittl te for HB - 40 . Art has checked some on the common law rule. There are general comments in Am Jur 2 and it looks to me that there have been a number of · courts that have extended relief to strangers . Art read some examples but there are no Alaska Statutes on this . The bill we have here would essentially restate what is in Section"a" of Mr . Swanson's bill; we would drop "b" and then we would put a new "b" in, somewhat like the "Good S.arraritan" Act . Mr . Peterson read the statute on Section "b"' , Moran commented on "imminent danger" . He wondered if that should be qualified . Do you wish to be certain that this has l the concept that covers arson? I Peterson: If you want to include something like this, do you want to add "or whose property is in imminent danger" . Randolph so moved . Meland seconded . Do you want to pursue this as an original committee bill or as a CS for HB - 40? Randolph: I don't think it makes any difference . Moran sugg sts that as a courtesy, we take the draft to Swanson for his approval . HB - 54 - Claims against the State - is assigned to Rose . He Claims against was asked whether this would be suitable t o review tomorrow . HB 54 the State Art reported that he had contacted the AG's office and that t ey had asked for more time to prepare. Moran reported that we would take this up tomorrow to analyze it and contact the AG to see when they could participate in the discussion. Rose would be glad to contact them . Rose requested the secretary to forward letters to Charles Hagans, Ed Boyko , and others and have them present at our meeting also . We should set a - 19- ----------------------- Page 30----------------------- January 19, 1971 Page 7 definite date for the hearing . Moran reported that we were going to go over the bill tomorrow. This is a bill that will absolve the state from liability for things that happen on the road. He asked the committee if they wanted to hold a formal hearing . Banfield suggested setting it for ten days hence. Moran indicated that we would probably receive memos and supporting material from the insurance companies and the Trial Lawyers' Association. This will be set for Thursday, January 28, 1971. Mr. Meland asked about Mr. Colletta's bill. Mr. Moran noted that this has been scheduled for January 27, 1971 when a respresentative from the AG ~ s office and Mr. Craddick will be here. Moran noted that HCR - l Representation Urban Areas - is in Urban Areas our committee . It has been assigned to Mr . Hillstrand. CR 1 Representation HB - 5 - Probate Code . I am getting a copy of the Uniform Probate Code Code. I have not received it as of yet . B 5 Civil LiabilitYHB - 40 - Civil Liability and HB - 48 - Jury Li s ts are being Jury Lists re-drafted. B 40 B 48 Mrs . Banfield reported that the Board of Governors will be Board of here on Friday. Will we invite them to meet with us? Moran Governors expressed the desire that we would meet with them . Meeting adjourned at 5:07 p.m . - 20 - ----------------------- Page 31----------------------- 1/20 HOUSE JUDICIARY COMMITTEE MINUTES OF THE MEETING Wednesday , January 20 , 1971 Meeting was called to order at 10:55 a . m . in the Masonic Temple by Chairman Moran . Present were: Meland, Rose , Banfield, Barber, and Peterson. First order of business was to take up HB-57 - Relating to Motor Vehicles - - Racing . - Judiciary Committee is the Racing second referral and this has already been through State HB - 57 Motor Affairs . Chairman Moran read the amendments prepared by Vehicles State Affairs . Hillstrand arrived 11:00 a . m . Randolph arrived 11:01 a . m . The purpose of this legislation is to prevent a person from being arrested while participating in a racing event held on private property . Mr . Peterson mentioned that the law now says "in the state". It used to say "in a public place or on a highway". Mr. Peterson read current law on this subject . Moran felt that this could be handled by being made conditions _of a permit . This would include insurance. Rose brought out that there is no permit provision. The highway department puts out a notice that their highway is under construction or that they are doing maintenance . Banfield e xplained the reason permits couldn't be issued was because the roads were built with federal funds . Art suggested that a sentence could be added to the effect that this does not affect the civil liability laws . Rose: This accomplishes three things. It clarifies the status of the law as it never was intended that the persons involved in a racing event should be considered guilty of reckless or negligent driving . There would naturally be certain risks . In having laws on the books that are either unenforremle or unenforced as a matter of policy reduces respect for the law. This serves as a measure of protectio to the people engaged in these activities . For example, if you have a feud between the owner of a racing track and the Chief of Police , he may just decide to apply the law this time . This possibility should not exist . In this legislat"on we are taking care of all three areas . Randolph moves HB - 57 out of committee with a "Do Pass" with the attached amendments of State Affairs. Rose seconds. Barber called for the question . Unanimous vote . HB - 3 - Voter Pre - registration. Moran stated that State Affairs Voter had recommended a "Do Pass" . This bill allows a person to Pre - regis. register and to vote on the same day, but the vote would be HB - 3 treated as a challenged ballot . Mr. Peterson will prepare a committee report for this bill . Mr. Rose mentioned the problem of having to register for city elections in addition to state elections. He felt that this might be the proper time and occasion to correct this situation . Mrs. Banfield didn't think that this was the proper vehicle to accomplish Mr . Rose's objective. - 21 - ----------------------- Page 32----------------------- ,I 1/20 January 20, 1971 Page 2 Moran read the committee report of State Affairs showing how the respresentatives voted . Banfield suggests that HB - 3 before we take action we should consult with the election Voter people who have had experience in this area . I believe Pre - regis . Thelma Cutler would be happy to come down and tell us about it. Mr. Barber reported that he had had contact with Mr . Orbeck and he told Mr . Barber that Lil Angerman was the motivating influence behind this bill . Moran suggested that we ask the lieutenant governor's office to provide their opinion on the bill and then set a time when they could meet with our committee. Rose: There has to be a cut - off date so these lists can be computerized and we recognize that there are problems. Moran: Each of our precincts has a print out and they give them 14 days to punch the cards and provide the print - out. The individual will receive his ballot but it will be treated as a challenged ballot. Art read from the law and noted that the new language adds everything from line 15 on . Banfield reminded the committee that we will be meet i ng with the Board of Governors. Moran announced the following schedule: HB - 47 - First Degree Murder - Wednesday, January 27 . HB - 54 - Claims against the State - Thursday, January 28 . HB - 25 - Motor Vehicle Insurance - Saturday, January 30 . HB - 3 - Voter Pre - registration - Friday, January 29 . Civil Mr. Peterson reported on HB - 40 - Civil Liability - that Liability he is preparing material on this and will have it ready HB - 40 soon. HB-47. Mr . Peterson reported that Mr . Craddick had provided First him a copy of his memo summarizing his testimony on last HB - 47 Degree Saturday . Copies will be provided for the committee . Murder Meeting adjourned at 11 : 50 a.m. - 22 - ----------------------- Page 33----------------------- 1/21 HOUSE JUDICIARY COMMITTEE MINUTES OF THE MEETING Thursday, January 21, 1971 Meeting was called to order by Chairman Moran at 3:00 p . m . in the Masonic Temple. Present were: Randolph, Barber, Meland, and Peterson . The chairman announced that the committee will meet with the Board of Governors tomorrow at 1:00 p.m. This is being planned for the Governor's Conference Room. Mem - bers will be notified. The chairman reported to the committee that we had received Probate the official text of the Probate Code, with commentary which Code should be helpful to committee members in their review. We HB - 5 really need to compare this with HB-5. The chairman asked Mr. Peterson if he knew how they compared . Peterson stated that the original HB-5 was prepared according to the code at that time, but this Uniform Probate Code had now been revised and HB - 5 had not been revised. Mr. Peterson had a CS prepared for HB - 40, which is the bill originally introduced by Mr. Swanson . (Civil liability) The HB - 40 Civil chairman distributed the carbon copies of the CS for committee Liability use, after which they were returned. Mr. Moran read the committee report that was prepared by Mr . Peterson to the committee as there was only a draft copy available. Rando.lph moves to delete "3". (Banfield arrived 3: 10) Moran felt that this could be deleted without creating any problem. Meland secondsfue motion. Barber called for the question. Unanimous consent. This will be retyped deleting "3" . HB-48 - Jury list - There ha s been a CS prepared for this bill. Moran gave the carbon copies to the members present Jury lists HB - 48 for their use during the meeting. They were later returned to Mr. Moran. Chairman Moran read the committee report that had been prepared by Mr. Peterson . Banfield moved that the committee accept the report; Randolph seconded. The vote was unanimous. Banfield asked if other committee members had received a letter from Judge Butcher. She asked if the committee would like to sponsor the needed legislation . Moran related that the chairman of Health and Welfare had already had a bill drafted to cover this problem. Banfield asked if we would be meeting with the Board of Governors tomorrow . Moran explained that a 1:00 p . m. time had been set before she got to this meeting . Meland asked what would be discussed at this meeting. Moran said they probably would be discussing the legislation that they were interested in having passed this year . One of the problems will probably be the space problem for the court system . They are holding court in very inconvenient quarters and there ar e no facilities for the juries . They are double - 23 - ----------------------- Page 34----------------------- 1/21 January 21, 1971 Page 2 shifting the courts now. Meland wanted to know if night session had been considered. (Meland left for Resources 3:30) Banfield related that we are having the same prob - lems in Juneau as in Anchorage. Moran reviewed our schedule of bills. HB-3 - voter pre-registration - Friday, January 29 HB - 47 - First degree murder - Wednesday, January 27 HB-54 - Claims against the state - Thursday, January 28 HB-25 - Motor vehicle insurance - Public hearing will be sent out by the secretary. The time set is 9:00 a.m. HB-25 Motor and the place is the Superior court room on the fifth Vehicle floor of the Capitol Building. This will go out as a Insurance joint House Commerce Committee and House Judiciary Committee Hearing. HB-54 - Mrs. Mason will contact the AG's office and tell Claims them we are going to consider this bill on the 28th. We Against would like confirmation as to whether they will be here HB-54 State to testify. HJR - 2 - Increasing membership in legislature - This bill J..dcreasing was received by the committee today. Moran passed out Members of copies to the members. Randolph asked if the chairman HJR - 2 Legislature would accept a motion to pass this resolution with a "Do Pass" recommendation. Moran read the State Affairs amendment. (Hillstrand arrived 3:45) Moran gave a review of activity to Hillstrand and asked him to sign the jury list bill - HB-48. Moran explained that the State Affairs amendment was to clarify when the senators would be elected; ten for one year and eleven in the alternate year. Peterson doesn't think that the amendment by State Affairs completely expresses wnat , is desired. He h <7 I l I I'\ ' . ('t~ recommends this wording: " C}8ffiffi&J?le :H