Legislature(1997 - 1998)

05/07/1997 02:15 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  SENATE BILL 141                                                              
                                                                               
       "An  Act   relating  to  permits  to   carry  concealed                 
       handguns; and relating to the possession of firearms."                  
                                                                               
  Representative Kohring recommended  "lumping" the  remaining                 
  amendments  #3,  #4,  #5, #6,  #8  &  #9  together into  one                 
  amendment.  Co-Chair  Therriault replied  that to date,  the                 
  Committee has not cut-off members debate, noting that action                 
  would not be taken.                                                          
                                                                               
  Representative J. Davies MOVED to adopt Amendment #3.  [Copy                 
  on file].  Co-Chair Therriault OBJECTED.                                     
                                                                               
  Representative J.  Davies explained that the amendment would                 
  add include a stipulation clarifying  that the applicant not                 
  have  been convicted of  a domestic violence  crime within a                 
  six year period.                                                             
                                                                               
  TUCKERMAN BABCOCK, STAFF,  SENATOR LYDA  GREEN, spoke to  AS                 
  11.61.200(a)(8) & (9)  which prohibits  the possession of  a                 
  fire arm  while a  person is  committing a  trespass in  the                 
  first or second degree  while in violation of a  court order                 
  or  communicating  with  another person  in  violation  of a                 
                                                                               
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  domestic violence order.   Representative J. Davies  pointed                 
  out  that the referenced  standards were  specific, whereas,                 
  the amendment stipulates the six year historical standard.                   
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Grussendorf, J. Davies                                   
       OPPOSED:       Kohring,  Martin,   G.  Davis,   Foster,                 
                      Therriault, Hanley                                       
                                                                               
  Representatives Kelly, Moses and Mulder were not present for                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (2-6).                                                     
                                                                               
  Representative J. Davies MOVED to adopt Amendment #4.  [Copy                 
  on file].  Co-Chair Therriault OBJECTED.                                     
                                                                               
  Representative J.  Davies explained that Amendment  #4 would                 
  add  further clarification  of  when a  person  would be  in                 
  violation  of  a notice  as provided  in  section (c).   Mr.                 
  Babcock  commented that  section would  change  the criminal                 
  trespass statutes for  all criminal  trespass in Alaska  and                 
  would not  be limited  to addressing  permits or  related to                 
  firearms.                                                                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      J. Davies, Grussendorf                                   
       OPPOSED:       Kohring,  Martin,   G.  Davis,   Foster,                 
  Therriault                                                                   
                                                                               
  Representatives  Kelly, Moses,  Mulder and  Hanley were  not                 
  present for the vote.                                                        
                                                                               
  The MOTION FAILED (2-5).                                                     
                                                                               
  Representative J. Davies MOVED to adopt Amendment #5.  [Copy                 
  on file].  Co-Chair Therriault OBJECTED.                                     
                                                                               
  Representative J. Davies  explained that Amendment  #5 would                 
  require  that  an  applicant not  be  suffering  from mental                 
  illness  as  defined in  AS  47.30.915 within  the  past six                 
  years.  Mr. Babcock commented that under federal law, anyone                 
  who  has  been   adjudicated  or   committed  to  a   mental                 
  institution would be prohibited from possessing any firearm.                 
                                                                               
                                                                               
  Representative  Grussendorf  questioned  how   thorough  the                 
  background  checks  were.   Mr.  Babcock responded  that the                 
  Department of  Public  Safety (DPS)  provides  a  background                 
  check requiring that a set of finger prints be taken.  It is                 
                                                                               
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  important when denying  someone a privilege under  state law                 
  that  there  be  a  demarkation point  rather  than  just  a                 
  doctor's  recommendation.   He stressed  that Senator  Green                 
  would be more comfortable dealing with a set standard.                       
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      J. Davies, Grussendorf                                   
       OPPOSED:       Kohring,  Martin,   G.  Davis,   Foster,                 
  Therriault                                                                   
                                                                               
  Representatives  Moses, Mulder,  Kelly and  Hanley were  not                 
  present for the vote.                                                        
                                                                               
  The MOTION FAILED (2-5).                                                     
                                                                               
  Representative J. Davies MOVED to adopt Amendment #6.  [Copy                 
  on file].  Co-Chair Therriault OBJECTED.                                     
                                                                               
  Representative J.  Davies  noted  that  Amendment  #6  would                 
  provide that  a person  ordered by  a court  to complete  an                 
  alcohol treatment program or substance abuse program, not be                 
  allowed to apply for three years following the completion of                 
  the program.   Mr. Babcock responded that  current law would                 
  only affect certain persons already banned under federal law                 
  from carrying a  firearm.  The  only people affected by  the                 
  proposed  amendment  would be  people  who had  successfully                 
  completed an alcohol or drug abuse program.                                  
  Representative J.  Davies argued that  if a person  had been                 
  ordered by a court to complete an alcohol treatment program,                 
  would suggest  that person has evidence of  abuse of alcohol                 
  or drugs.                                                                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      J. Davies, Grussendorf                                   
       OPPOSED:       Martin,  G.   Davis,  Foster,   Kohring,                 
                      Therriault                                               
                                                                               
  Representatives Moses,  Mulder, Kelly,  and Hanley  were not                 
  present for the vote.                                                        
                                                                               
  The MOTION FAILED (2-5).                                                     
                                                                               
  Representative J. Davies MOVED to adopt Amendment #8.  [Copy                 
  on file].  Co-Chair Therriault OBJECTED.                                     
                                                                               
  Representative J. Davies  explained that Amendment  #8 would                 
  specify  that  victims of  domestic  violence,  employees or                 
  volunteers  of domestic  violence  shelters,  would  not  be                 
  liable  for any  injury caused  in the  course of  defending                 
  themselves or others in the shelter against attack.                          
                                                                               
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  Mr. Babcock stated that would be  limited to a conceal carry                 
  permit statute as opposed to limiting the  liability for the                 
  employee.  He suggested that it  would apply only to Section                 
  18.65 involving concealed permits.  Representative J. Davies                 
  noted that shelter  operators have requested  that concealed                 
  carried weapons be specifically excluded  from shelters.  If                 
  a person is carrying openly, the shelter operators  would be                 
  more  comfortable.   If  the  State  makes  a public  policy                 
  decision for those in the shelter, inclusion of the proposed                 
  language would address  the potential threats.   Mr. Babcock                 
  made no comment.                                                             
                                                                               
  Representative  Martin  suggested  that  inclusion  of   the                 
  language could  make the shelters  much safer.   Mr. Babcock                 
  noted  that  Senator Green  would have  no objection  to the                 
  concept, although,  how it would  apply and  what the  legal                 
  ramifications would be have not been considered.                             
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      J. Davies, Grussendorf, Martin                           
       OPPOSED:       G. Davis, Foster, Kohring, Therriault                    
                                                                               
  Representatives Moses,  Mulder, Kelly, and  Hanley were  not                 
  present for the vote.                                                        
                                                                               
  The MOTION FAILED (3-4).                                                     
                                                                               
  Representative J. Davies MOVED to adopt Amendment #9.  [Copy                 
  on file].   He explained that  the amendment would  prohibit                 
  the use of  a handgun on a  school bus or  school sanctioned                 
  event.                                                                       
                                                                               
  Representative   Kohring  OBJECTED   for   the  purpose   of                 
  discussion.                                                                  
                                                                               
  Mr. Babcock commented that Senator  Green suggested that the                 
  prohibition  would be  better  placed in  AS 11.61.210(a)(7)                 
  along  with   the  language  limiting  firearms   on  school                 
  property.  He suggested  that information was clear that  it                 
  would be prohibitive  without the authorization of  a school                 
  administrator.                                                               
                                                                               
  Representative J. Davies WITHDREW  the original Amendment #9                 
  and MOVED a new Amendment #9.  [Copy on file].  He explained                 
  that the new  amendment would use  the language that was  in                 
  the original Amendment #9 and  would be added to  subsection                 
  (7) & (8).  There being NO OBJECTION, it was adopted.                        
                                                                               
  CYNTHIA  HORA, DEPUTY  ATTORNEY GENERAL,  CRIMINAL DIVISION,                 
  DEPARTMENT OF LAW, spoke to whether  posting signs in public                 
                                                                               
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  places  would  create  a  sufficient  basis for  a  criminal                 
  trespass charge.   She pointed  out that even if  a sign was                 
  posted, the individual would have to be  confronted before a                 
  criminal trespass conviction could be  brought forward.  She                 
  advised  that Amendment  #4 would  address the  Department's                 
  recommended coverage.                                                        
                                                                               
  Mr. Babcock  commented that the  amendment is not  a concern                 
  with regard to evidence of misconduct  on either the part of                 
  the concealed weapon  holder or anyone  who wishes to  carry                 
  openly in a  public building.   He stated  that the  primary                 
  concern which the amendment would address would be to make a                 
  major  revision in  the criminal trespass  statute regarding                 
  access to public buildings.  He reiterated that all concerns                 
  of the Department of  Public Safety have been address  in SB
  141.                                                                         
                                                                               
  (Tape Change HFC 97-127, Side 2).                                            
                                                                               
  Co-Chair Hanley MOVED to  report HCS CS SB 141  (FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.                                                   
                                                                               
  Representative  Grussendorf  OBJECTED   to  ask  a  question                 
  regarding the fiscal notes.  He pointed out that the initial                 
  bill  operated  from  program  receipts,  and had  an  added                 
  supplemental request.  Representative Grussendorf noted that                 
  the fees had once again been reduced.                                        
                                                                               
  Mr. Babcock commented  that the Department of  Public Safety                 
  has expressed concern  that without  an increase in  volume,                 
  there would be  a deficit in  program receipts.  The  Alaska                 
  Peace  Officers Association  objects to  lowering the  fees.                 
  Following   discussion   regarding   the    fiscal   impact,                 
  Representative Grussendorf WITHDREW the OBJECTION to  moving                 
  the  bill from Committee.  There being no further objection,                 
  it was so moved.                                                             
                                                                               
  HCS  CS  SB 141  (FIN) was  reported  out of  Committee with                 
  "individual recommendations"  and with  fiscal notes  by the                 
  Department of Public Safety, two dated 3/26/97 and one dated                 
  4/3/97.                                                                      

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