Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/01/2013 01:30 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 69 EXEMPT FIREARMS FROM FEDERAL REGULATION TELECONFERENCED
Heard & Held
+ HB 33 KNIVES, GRAVITY KNIVES, & SWITCHBLADES TELECONFERENCED
Moved SCS HB 33(JUD) Out of Committee
+ SB 65 RETIREMENT PLANS; ROTH IRAS; PROBATE TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
+= HB 81 2013 REVISOR'S BILL TELECONFERENCED
Moved HB 81 Out of Committee
+= HB 83 FEDERAL LAWS & EXECUTIVE ORDERS TELECONFERENCED
Heard & Held
         HB  69-EXEMPT FIREARMS FROM FEDERAL REGULATION                                                                     
                                                                                                                                
2:13:00 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of HB  69. He  noted                                                               
that version  I was before  the committee  and that the  areas of                                                               
tension  were  subsection  (a)(1)  and   (2)  in  Section  2  and                                                               
subsection (g) in Section 6.                                                                                                    
                                                                                                                                
He opened public testimony.                                                                                                     
                                                                                                                                
2:15:03 PM                                                                                                                    
SEYMOUR  MILLS, representing  himself,  Sterling, Alaska,  stated                                                               
absolute opposition to the watered down  version of HB 69. If the                                                               
Alaska State Troopers  won't enforce it that is a  good reason to                                                               
have  sheriffs. They  would be  elected by  the people  and would                                                               
take an  oath to uphold  the law.  He mentioned United  States v.                                                               
Lopez, a  case involving  the Gun-Free School  Zones Act  of 1990                                                               
and  the Commerce  Clause, and  questioned the  reference in  the                                                               
bill since the  U.S. Supreme Court said that  the Commerce Clause                                                               
did  not  apply. He  reiterated  his  opposition to  the  current                                                               
version  of  the bill,  and  asked  the  state to  stand  between                                                               
himself and the federal government.                                                                                             
                                                                                                                                
2:18:09 PM                                                                                                                    
LLOYD   HILLING,   representing   himself,   Fairbanks,   Alaska,                                                               
testified in  support of  HB 69.  His view  was that  the federal                                                               
government  can take  care of  things  in Washington,  D. C.  and                                                               
Alaska  was competent  to decide  how  to deal  with its  issues,                                                               
including firearms.  He said the  Second Amendment  prohibits all                                                               
entities from infringing  on the peoples' right  to own firearms;                                                               
the Tenth  Amendment makes it  clear that the  federal government                                                               
should  do   only  that   which  is   directly  implied   in  the                                                               
constitution, and  things such as  the regulation of  firearms is                                                               
not found in there. Stating steadfast  support for HB 69, he said                                                               
it will send a message that Alaska is doing what it should do.                                                                  
                                                                                                                                
2:19:39 PM                                                                                                                    
FRANK TURNEY, representing  himself, Fairbanks, Alaska, expressed                                                               
hope  that HB  69  would protect  Alaskan  citizens from  federal                                                               
overlords, and stated support for  directing the attorney general                                                               
with  the term  "shall" as  opposed to  "may." He  said it  was a                                                               
mistake  that the  Constitutional Convention  didn't require  the                                                               
attorney general to be an  elected position, because Alaska needs                                                               
a  strict   constitutionalist  to  protect  citizen   rights.  He                                                               
requested the bill  cover infringement of rights  other than just                                                               
the  Second   Amendment,  and  expressed  satisfaction   that  it                                                               
addressed the right to due process.                                                                                             
                                                                                                                                
He  said he  wasn't aware  that under  AS 11.76.110,  interfering                                                               
with  the   constitutional  rights  of  Alaskan   citizens  is  a                                                               
misdemeanor. It  should be a felony.  He said he sees  nothing in                                                               
the bill regarding enforcement or  penalties or accountability to                                                               
federal overlords.  He asked that the  term "state nullification"                                                               
be added and suggested that the bill needed more work.                                                                          
                                                                                                                                
CHAIR COGHILL said he understood the consternation.                                                                             
                                                                                                                                
2:23:11 PM                                                                                                                    
LYNETTE CLARK, representing herself,  Fairbanks, Alaska, said she                                                               
wanted  HB  69 to  pass,  but  the  current CS  lacked  important                                                               
references. She  appreciates that the  Real ID Act  is mentioned,                                                               
but  the provisions  from [Section  1, paragraphs  (3), (4),  and                                                               
(5)] of  SB 75 regarding  the National Defense  Authorization Act                                                               
(NDAA)  and  the Authorization  for  Use  of Military  Force  are                                                               
missing.  She said  these are  perilous times  for this  union of                                                               
states  and  if  Alaska  doesn't   respond  with  federal  felony                                                               
charges, the  monster that  is the  federal government  will come                                                               
down around its throat. She  urged the committee to include those                                                               
provisions in the bill.                                                                                                         
                                                                                                                                
CHAIR COGHILL said the point was well taken.                                                                                    
                                                                                                                                
2:26:50 PM                                                                                                                    
DAVID LEE,  representing himself, Nikiski, Alaska,  described the                                                               
changes to the penalties in HB  69 as abhorrent. He said the fact                                                               
that President Obama became chair  of the United Nations Security                                                               
Council, in  direct violation of  the constitution, and  then had                                                               
three  U.S. citizens  assassinated  was a  very  good reason  for                                                               
nullification. He  maintained that Alaska needs  sheriffs to back                                                               
the bill up, because the people are their boss.                                                                                 
                                                                                                                                
2:28:20 PM                                                                                                                    
MIKE COONS,  representing himself,  Lazy Mountain,  Alaska, urged                                                               
the committee to  reinsert the felony provision in HB  69, and if                                                               
it's  challenged  it could  go  to  the  U.S. Supreme  Court.  He                                                               
claimed it  would be  a strong  case if  12-14 other  states have                                                               
passed  similar  legislation.  If   the  felony  provision  isn't                                                               
reinserted, he  suggested inserting a reference  to AS 11.76.110,                                                               
interference with  constitutional rights.  That is  a misdemeanor                                                               
now,  but it  could be  increased to  a felony  next session,  he                                                               
said.                                                                                                                           
                                                                                                                                
2:30:52 PM                                                                                                                    
WAYNE OZOSKY, representing himself,  Eagle River, Alaska, thanked                                                               
the committee for protecting Alaska  citizens from the tyrannical                                                               
federal  government. He  said  the  President's executive  orders                                                               
pushing  Congress to  violate citizens'  Second Amendment  rights                                                               
are  in   conflict  with  the  constitution.   He  requested  the                                                               
committee include a  reference to AS 11.76.110 [as  it appears in                                                               
SB 75]  if the felony  language isn't reinserted. He  said nobody                                                               
wants anarchy,  but if federal  agencies routinely  disregard the                                                               
constitution  there  will be  a  second  "shot heard  'round  the                                                               
world."  The  statement  that judges  aren't  always  right  also                                                               
applies to people working in  the Department of Law. Just because                                                               
a   lawyer   says   the   felony  provisions   of   HB   69   are                                                               
unconstitutional,  doesn't make  it true.  He reiterated  support                                                               
for   the  felony   provisions   and  emphasized   that  it   was                                                               
constitutional for the state to protect its citizens.                                                                           
                                                                                                                                
CHAIR  COGHILL explained  his reasoning  for removing  the felony                                                               
language.  He agrees  that  Alaskans should  stand  up for  their                                                               
right  and the  freedom  guaranteed under  the constitution,  but                                                               
taking  a  hard  position  may   ultimately  weaken  the  state's                                                               
position.  The  intent  is  to   provide  the  best  defense  for                                                               
Alaskans.                                                                                                                       
                                                                                                                                
He said he'd like to get a  sense of the committee with regard to                                                               
the felony question.                                                                                                            
                                                                                                                                
2:35:59 PM                                                                                                                    
SENATOR DYSON encouraged  the chair and his staff  to qualify the                                                               
meaning of the phrase on page 2, line 4, "banning any firearm."                                                                 
                                                                                                                                
CHAIR  COGHILL  said  he  would  discuss  that  with  his  staff.                                                               
Additional  things  for  the  committee   to  consider  were  the                                                               
suggestion to  insert the  word "illegally"  at the  beginning of                                                               
paragraphs (A)  and (B) on  page 3, lines  7 and 9;  the language                                                               
from  the National  Defense  Authorization Act  that  was in  the                                                               
previous version R; and the language  in subsection (g) on page 5                                                               
of version I  as opposed to the wording in  version P that passed                                                               
the House.                                                                                                                      
                                                                                                                                
2:40:58 PM                                                                                                                    
SENATOR WIELECHOWSKI voiced support for  moving the bill when the                                                               
chair was ready.                                                                                                                
                                                                                                                                
CHAIR  COGHILL said  he would  review Senator  Dyson's suggestion                                                               
and take action on the bill on Wednesday.                                                                                       
                                                                                                                                
SENATOR DYSON asked for a short at ease.                                                                                        
                                                                                                                                
2:42:04 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
2:43:43 PM                                                                                                                    
CHAIR COGHILL  reconvened the  meeting and  relayed that  the off                                                               
the  record discussion  was about  the attorney  general and  his                                                               
powers.  He  noted that  there  would  likely be  two  amendments                                                               
offered at the next hearing.                                                                                                    
                                                                                                                                
He closed public testimony and held HB 69 in committee.                                                                         
                                                                                                                                

Document Name Date/Time Subjects
Senate CS for HB 69 Version I.pdf SJUD 4/1/2013 1:30:00 PM
HB 69
Written testimony_HB69_Vasquez.docx SJUD 4/1/2013 1:30:00 PM
HB 69