Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/29/2013 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved Out of Committee 3/27/13
-- Public Hearing --
Heard & Held
Heard & Held
Bills Previously Heard/Scheduled
Moved CSSSSB 36(JUD) Out of Committee
Heard & Held
         HB  69-EXEMPT FIREARMS FROM FEDERAL REGULATION                                                                     
2:16:29 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of HB  69. [SCS CSHB 69, version R,  was before the                                                               
2:16:41 PM                                                                                                                    
SENATOR DYSON  moved to adopt  Senate CS  for HB 69,  labeled 28-                                                               
LS0290\I, as the working document.                                                                                              
CHAIR COGHILL  found no  objection and version  I was  before the                                                               
committee. He asked Mr. Shilling to speak to the changes.                                                                       
2:17:06 PM                                                                                                                    
JORDAN SHILLING, Staff, Senator  John Coghill, explained that the                                                               
title was changed  to conform to changes made later  in the bill.                                                               
The  first substantial  change occurs  on  page 4,  line 28.  The                                                               
phrase "violates the Second Amendment  to the Constitution of the                                                               
United States  or art. I, sec.  19, Constitution of the  State of                                                               
Alaska"  was inserted  to clarify  that  any future  law that  is                                                               
unconstitutional  and unenforceable  is unenforceable  because it                                                               
violates the Second Amendment.                                                                                                  
On page 5, line 4, the word  "may" was changed to "shall" and the                                                               
provision  that allowed  the attorney  general to  use all  state                                                               
resources  necessary was  removed. He  explained that  the intent                                                               
was to  ensure that resources  like the permanent fund  would not                                                               
be at the attorney general's disposal to file lawsuits.                                                                         
SENATOR  COGHILL  relayed  that  DOL's expectation  was  that  it                                                               
already  was  directive, and  the  attorney  general [would  file                                                               
legal action to  prevent implementation of law  that violates the                                                               
rights  of  Alaskans.]  He  asked   the  members  to  consider  a                                                               
suggestion to insert the word "illegally"  on page 3, lines 7 and                                                               
9, at the beginning of paragraphs (A) and (B).                                                                                  
He acknowledged  that version I  was somewhat different  than the                                                               
version that  passed the  House. The  current draft  removes some                                                               
nullification  issues, but  the  most significant  change was  to                                                               
remove the provision that says  the state would arrest and charge                                                               
a federal  official with  a felony.  He said  he didn't  know how                                                               
that would work  in practice and was concerned  that the backlash                                                               
could move the state backward rather than forward.                                                                              
2:21:30 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if there  was a legal opinion  on the                                                               
constitutionality of the bill that  passed the House, and whether                                                               
or not the state could arrest a federal official as it provided.                                                                
CHAIR  COGHILL offered  his understanding  that  there were  four                                                               
legal  opinions  and  they  were in  the  packets.  He  suggested                                                               
members  peruse  the  opinions  before  the  meeting  on  Monday,                                                               
because his intention was to take action on the bill that day.                                                                  
He opened public testimony.                                                                                                     
2:23:04 PM                                                                                                                    
MIKE  COONS,  representing  himself,   Palmer,  Alaska,  said  he                                                               
supports the  additions to HB 69  that ensure that no  agency may                                                               
assist  a federal  official who  is trying  to enforce  laws that                                                               
violate Second  Amendment rights.  Those sections are  strong and                                                               
protect all  Alaskans. He also  stated support for  the directive                                                               
language  regarding  the attorney  general  using  all powers  to                                                               
defend  Alaskans, but  continues  to disagree  with the  attorney                                                               
general  opinion  that  provisions  in  the  original  bill  were                                                               
unenforceable and unconstitutional. He  questioned the concern of                                                               
the commissioner of  public safety about enforcement  in light of                                                               
Lieutenant Dial's  testimony that the department  reviewed the CS                                                               
and doesn't see any problems if the legislation were to pass.                                                                   
MR. COONS  expressed concern  about the  almost daily  attacks on                                                               
citizens'  liberties by  President Obama.  He cited  examples and                                                               
stated that he reluctantly supports version I.                                                                                  
CHAIR COGHILL said the discussion will continue on Monday.                                                                      
2:27:58 PM                                                                                                                    
THOM  BUZARD,   Commander,  Alaska  Citizen's   Militia,  Juneau,                                                               
Alaska, stated  that when he served  in the armed forces  he took                                                               
an oath  to protect  and defend  the country,  its laws,  and the                                                               
constitution, and because of recent  events he was concerned that                                                               
the citizenry  may be  preparing for a  domestic war  against the                                                               
federal  government. He  emphasized  that many  Americans are  so                                                               
concerned  that they  have purchased  all available  firearms and                                                               
ammunition  from  store  shelves  across the  country.  He  cited                                                               
examples worldwide  of governments  establishing gun  control and                                                               
the consequences to the citizenry.                                                                                              
MR.  BUZARD said  there  are also  examples in  the  U.S. of  gun                                                               
confiscation  and  government  troops  killing  Americans.  These                                                               
include the  massacre at  Wounded Knee in  1890, the  shelling of                                                               
the village  of Angoon  125 years ago,  and the  Katrina disaster                                                               
when  the police  chief ordered  officers to  confiscate firearms                                                               
from  citizens'  homes. He  expressed  concern  that the  federal                                                               
government was  poised to execute  a power grab like  none other,                                                               
and for that reason he  would like the felony language reinserted                                                               
in the bill.                                                                                                                    
2:37:00 PM                                                                                                                    
CHAIR COGHILL  highlighted that  the emergency  confiscation that                                                               
occurred  during  Katrina  sparked  legislation  in  Alaska  that                                                               
forbade that practice.                                                                                                          
MR.  BUZARD  said  he  believes that  the  current  governor  and                                                               
legislature are pointed in the right direction.                                                                                 
SENATOR DYSON  relayed that he  had heard that  Homeland Security                                                               
was buying large amounts of  firearms and ammunition. He asked if                                                               
there were credible sources for that sort of information.                                                                       
MR.   BUZARD   suggested   he   visit   the   websites   wnd.com,                                                               
breitbart.com, and drudgereport.com.                                                                                            
2:39:57 PM                                                                                                                    
CHAIR COGHILL thanked Mr. Buzard  for his service and assured him                                                               
that the  legislature takes the  constitution seriously.  When it                                                               
comes  to  nullification the  legislature  will  employ the  best                                                               
resources of  the state to  defend the citizens and  their right,                                                               
he said.                                                                                                                        
MR.  BUZARD offered  his  opinion that  these  matters should  be                                                               
handled in a legal and constitutional manner.                                                                                   
CHAIR COGHILL agreed,  and added that he believes  that version I                                                               
offers a better approach.                                                                                                       
2:42:30 PM                                                                                                                    
CHAIR COGHILL  read AS 11.76.110(a)(1) and  relayed his intention                                                               
to look at the nexus between that law and the bill.                                                                             
He held HB 69 in committee.                                                                                                     

Document Name Date/Time Subjects
HB0081A.pdf SJUD 3/29/2013 1:30:00 PM
HB 81
Sectional.pdf SJUD 3/29/2013 1:30:00 PM
HB 81
Sponsor Statement.pdf SJUD 3/29/2013 1:30:00 PM
HB 81
CSHB 83 -10 amend.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHB 83 CFR Costs.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHB 83 Executive Orders.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHb 83 Law Fiscal.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHB 83 Legis activity.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHB 83 Mack US story.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHb 83 misuse of power.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHB 83 Null Void.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHB 83 sectional.pdf SJUD 3/29/2013 1:30:00 PM
HB 83