Legislature(2009 - 2010)HOUSE FINANCE 519
02/16/2010 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| Alaska Mental Health Trust Authority Board of Trustees Confirmation Hearing: | |
| HB312 | |
| HB319 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 312 | TELECONFERENCED | |
| + | HB 319 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 319
"An Act relating to firearms."
REPRESENTATIVE MIKE HAWKER, SPONSOR, began his testimony. He
said that the bill contained some clarification to existing
concealed carry laws. Several years ago the state adopted
the Vermont carry system, which stated that an individual
was not required to have a state issued permit on order to
carry a concealed firearm. However, the concealed carry
permit statutes were retained so that people who chose to
procure a concealed carry permit could do so. The advantage
was that the concealed carry permits were valid from state-
to state.
3:09:05 PM
Co-Chair Hawker cited Section 1, Sub-section (e), which
stated:
The department shall mail the permittee a notice of
expiration by first class mail at least 90 days before
expiration of the permit.
Co-Chair Hawker added that the permits were valid for 5
years when issued. The next change could be found in Section
2, Sub-section (4):
represent or display an expired permit as if the permit were
valid, unless the holder has submitted a complete, timely
renewal from under AS 18.65.725 and the renewal process has
been delayed due to circumstances not under the control of
the applicant; this paragraph does not require a holder to
return or surrender a permit upon its expiration, nor may
the department require a holder to return or surrender a
permit upon its expiration.
Co-Chair Hawker continued to the third change, which speaks
to the issue of invalidating a permit because the person has
left the states jurisdiction. He felt that once the permit
had been authorized it should remain valid even if the
permittee leaves the state.
3:13:39 PM
Representative Austerman pointed out to the committee that
the language in Section 1 Sub-section (f) stated that the
permittee does not become ineligible to hold a permit when
"ceasing" to be a resident of the state. He wondered if
there were other states that accepted Alaskan gun permits,
and would an individual be able to use it in another state.
Co-Chair Hawker replied that the reciprocity was and would
remain recognized by other states regardless of where one
resides, provided that permit was valid.
3:16:44 PM
Co-Chair Hawker stated that Section 3 proposed a duty upon
local law enforcement agencies across the state. The duty
was to execute a request, an application that a citizen
brings forward, to receive and take possession of a firearm
that was registered under National Firearms Act of 1934.
This was how an individual was able to legally possess; a
short barreled shot gun, a short barreled rifle, and fully
automatic firearms. The firearms were legal in most states
and prevalent in Alaska. Due the dangerous nature of the
firearms, the federal government had a restrictive process
regarding who may possess them. In order to possess the
particular firearms an individual must go through the
process for applying to the Bureau of Alcohol, Tobacco, and
Firearms and Explosives on Form 4, "The Application for a
Tax Paid Transfer and Registration of a Firearm"(copy on
file). The form required identification of the individual,
description of the firearm and who was transferring the
item, as well as local law enforcement certification. The
form must be accompanied by 2 sets of the applicant's
fingerprints and 2 photographs, which are used to expedite a
complete background check by the Federal Bureau of
Investigation.
3:19:48 PM
Co-Chair Hawker shared that one of the requirements of the
application process exists in federal regulation. One of the
requirements that had been added to the application process
was that the individual who wishes to take possession of a
firearm must first go to the local chief law enforcement
officer, who will sign the certification as part of the
application process. The certification was "negative
assurance" from the chief law enforcement officer, which
translates into; "I have no information that the transferee
will use the firearm or device described on this application
for other than lawful purposes. Or that possession would
place the transferee in violation of state or local law."
3:22:28 PM
Co-Chair Hawker opined that historically, the state's local
law enforcement had been fickle concerning the willingness
to sign the forms. It had been seen that chief law
enforcement officers would not sign the forms for unknown
reasons. The bill would allow the public the full respect of
the 2nd amendment as far as the legislature could provide
the assurances.
3:25:22 PM
Co-Chair Stoltze affirmed that in 1994, a constitutional
amendment vote by the public had shown support for the
position that the bill maintained; that the right to bear
arms was an individual right, and should not be preempted by
political jurisdiction.
Representative Foster voiced support for the legislation.
}SUE STANCLIFF, DEPARTMENT OF PUBLIC SAFETY{, commented on
the 90 day notice in the bill. She stated that House Bill
201 made the expiration date on the permits the same as the
birthday of the permittee, with the hope that this would
help the permittee remember to renew. Currently, the
department's support services were going through an absent
redesign, which would be online in two years. The changes
could be incorporated during that time. She added that the
department supported making gun permit retention easier for
residents. She warned of unintended consequences and
judgment from other states; Kansas and Colorado were
specifically cited.
3:31:24 PM
Co-Chair Stoltze asked if the concern was for the permittee
or the state. Ms. Stancliff replied that it was the state's
concern. When other states review our laws they could
withdraw their reciprocity agreement with Alaska.
Co-Chair Hawker agreed that the issue should been discussed
and would be revisited as necessary as the process moved
forward. He added that Utah and Florida do not require
residency to receive a permit.
3:33:33 PM
Representative Kelly supported the legislation. He thought
that the residency question should be examined for the sake
of maintaining the reciprocity relationship with other
states.
~DAVID SCHADE, DIRECTOR OF STATEWIDE SERVICES, DEPARTMENT OF
PUBLIC SAFETY{, testified that he was available for
questioning.
Co-Chair Hawker hoped that, with the committee's previously
demonstrated commitment to 2nd Amendment rights, that the
consideration of the bill could be expedited.
Co-Chair Stoltze closed public testimony.
Representative Kelly recalled having a concern over the
expired concealed carry permit recertification process. Co-
Chair Hawker replied that that had been considered. He
explained that The Department of Public Safety, through
regulatory authority, allowed a 90 day grace period for
permit recertification. The combination of the 90 day notice
before and after the expiration date gives the permittee
approximately 6 months to renew. He felt that this was an
adequate timeframe for the permittee to work within.
3:37:26 PM
Representative Doogan asked how many of the 90 day before
expiration notices were sent out annually. Ms. Stancliff
replied that there were 7,000 permits holders in the state.
3:38:48 PM
Ms. Stancliff furthered that, according to the fiscal note,
the department anticipated sending out 1500 notices. She
added that specific numbers could be given by Mr. Schade.
Mr. Schade stated that there were currently 7600 active
permits, 14,000 was the high.
Representative Doogan asked how many 90 day notices would be
issues in an average month. Mr. Schade said that it would
depend on when the permit had been issued. Some years are
high volume and some are not. Representative Doogan asked if
the department was confident that it could fulfill the
function with a zero fiscal note. Mr. Schade replied that
that was the expectation.
3:41:39 PM
Co-Chair Hawker addressed the fiscal note. He relayed that
when the bill came into committee it was accompanied by a
fiscal note for an aggregate of $38,800. The support
services of the department had projected that it would take
370 of programming, at $100 per hour, to automate the
function. The ongoing rewrite of the system would include
the necessary programming when completed. If the effective
date of the clause were to be extended 2 years, there would
be no additional expense.
3:45:17 PM
Vice-Chair Thomas MOVED to ADOPT Conceptual Amendment 1:
ADD an effective date of July 1, 2012 for section 1 (e).
(Page 1, live 4-5)
INTENT: To require the Department of Public Safety to mail a
90 day notice of expiration to permit holders starting July
1, 2012.
Co-Chair Stoltze OBJECTED for discussion.
Co-Chair Hawker informed the committee that the amendment
would allow for the zero fiscal note by changing the
effective date.
Co-Chair Stoltze removed his OBJECTION. There being NO
further OBJECTION, Conceptual Amendment 1 was ADOPTED.
Vice-Chair Thomas MOVED to ADOPT Amendment 2, 26-LS1273\S.1,
Luckhaupt, 2/15/10:
Page 1, following line 2:
Insert new bill sections to read:
"* Section 1. AS 18.65.700(a) is amended to read:
(a) The department shall issue a permit to carry
a concealed handgun to a person who
(1) applies in person at an office of the
Alaska State Troopers;
(2) qualifies under AS 18.65.705;
(3) submits on an [A COMPLETED] application
[ON A] form approved [PROVIDED] by the department [,
THAT PROVIDES] the information required under
AS 18.65.705 and 18.65.710; [WITH EACH APPLICATION FORM
PROVIDED BY THE DEPARTMENT,] the department shall post
on the department's website [PROVIDE A COPY OF] the
state laws and regulations relating to concealed
handguns, which must include a concise summary of
where, when, and by whom a handgun can be carried under
state and federal law and shall, on request, mail a
copy of the regulations and summary to an applicant or
permittee;
(4) submits one complete set of fingerprints
in the format approved by the department that is of
sufficient quality so that the fingerprints may be
processed; the fingerprints must be taken by a person,
group, or agency approved by the department; the
department shall maintain a list of persons, groups, or
agencies approved to take fingerprints and shall
provide the list to the public upon request; the
fingerprints shall be used to obtain a report of
criminal justice information under AS 12.62 and a
national criminal history record check under
AS 12.62.400;
(5) submits evidence of successful
completion of a handgun course as provided in
AS 18.65.715;
(6) provides one frontal view color
photograph of the person taken within the preceding 30
days that includes the head and shoulders of the person
and is of a size specified by the department;
(7) shows a valid Alaska driver's license or
identification card at the time of application;
(8) does not suffer a physical infirmity
that prevents the safe handling of a handgun; and
(9) pays the application fee required by
AS 18.65.720.
* Sec. 2. AS 18.65.725(a) is amended to read:
(a) A permittee shall apply for renewal of a
permit to carry a concealed handgun within 90 days
before the expiration of the permit, on a [AND SHALL
PRESENT A COMPLETE] renewal form approved [PROVIDED] by
the department. The renewal form must include
(1) any change in the information originally
submitted under AS 18.65.710;
(2) a statement that the person remains
qualified to receive and hold a permit to carry a
concealed handgun under AS 18.65.705;
(3) one frontal view photograph of the
person taken within the preceding 30 days that includes
the head and shoulders of the person and is of a size
specified by the department;
(4) the renewal fee required under
AS 18.65.720; and
(5) the warning listed in
AS 18.65.710(a)(6)."
Page 1, line 3:
Delete "Section 1"
Insert "Sec. 3"
Renumber the following bill sections accordingly.
Co-Chair Stoltze OBJECTED for the purpose of discussion.
Ms. Stancliff explained that the amendment would give the
department authorization to post the concealed handgun
applications and other documents online, which would
streamline the process. Co-Chair Hawker added that the
amendment recognized the existence of emerging technology.
3:47:40 PM
Co-Chair Stoltze removed his OBJECTION. There being NO
further OBJECTION, Amendment 2 was ADOPTED.
Co-Chair Stoltze discussed fiscal note 2. Due to the action
of Amendment 1, a zero fiscal note was reported out,
replacing the previous fiscal note 2.
3:48:39 PM
Ms. Stancliff pointed out to the committee that the
department would still have licensing and mail out costs,
under $2,000, which would be absorbed by the department.
Representative Austerman wondered if statutory language was
necessary to allow the department to post applications on
the website. Ms. Stancliff replied that statutory language
should not be necessary when the approved forms were used.
Vice-Chair Thomas MOVED to report CSHB 319 (JUD), 26-
LS1273\S, as AMENDED, out of Committee with individual
recommendations and the accompanying zero fiscal note.
CSHB 319 (JUD), 26-LS1273\S, was REPORTED out of committee
with a "do pass" recommendation and with a new zero fiscal
note by the Department of Public Safety and a previously
published fiscal impact note: FN1 (LAW).
3:51:16 PM
Co-Chair Hawker discussed housekeeping.
Co-Chair Stoltze discussed housekeeping.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 312 ERA balance.pdf |
HFIN 2/16/2010 1:30:00 PM |
HB 312 |
| HB312-OOG-DOE-2-3-10NEW Fiscal Note.pdf |
HFIN 2/16/2010 1:30:00 PM |
HB 312 |
| HB312APF Historical Fund Value.pdf |
HFIN 2/16/2010 1:30:00 PM |
HB 312 |
| HB319 Sponsor Statement (2).pdf |
HFIN 2/16/2010 1:30:00 PM |
HB 319 |
| HB319 Summary of Changes.pdf |
HFIN 2/16/2010 1:30:00 PM |
HB 319 |
| HB319 Sectional.pdf |
HFIN 2/16/2010 1:30:00 PM |
HB 319 |
| HB319 Background.pdf |
HFIN 2/16/2010 1:30:00 PM |
HB 319 |
| Laraine Derr 2010 Confirmation Hearing.pdf |
HFIN 2/16/2010 1:30:00 PM |
|
| Mary Jane Michael 2010 Confirmation Hearing.pdf |
HFIN 2/16/2010 1:30:00 PM |
|
| Carlton Smith 2010 Confirmation Hearing.pdf |
HFIN 2/16/2010 1:30:00 PM |
|
| HB319 Hawker Amendment.pdf |
HFIN 2/16/2010 1:30:00 PM |
HB 319 |
| HB312 Sponsor Statement (2).pdf |
HFIN 2/16/2010 1:30:00 PM |
HB 312 |
| HB 319 Hawker Amendment #2.pdf |
HFIN 2/16/2010 1:30:00 PM |
HB 319 |