Legislature(2021 - 2022)BARNES 124
04/28/2022 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB136 | |
| HB167 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 167 | TELECONFERENCED | |
| + | SB 136 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
April 28, 2022
8:03 a.m.
MEMBERS PRESENT
Representative Sara Hannan, Co-Chair
Representative Calvin Schrage, Co-Chair
Representative Josiah Patkotak, Vice Chair
Representative Harriet Drummond
Representative Mike Prax
Representative Ken McCarty
Representative Kevin McCabe
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Representative Cathy Tilton
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 136(CRA)
"An Act relating to firearms and other weapons restrictions."
- HEARD & HELD
HOUSE BILL NO. 167
"An Act relating to specie as legal tender in the state; and
relating to borough and city sales and use taxes on specie."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 136
SHORT TITLE: LIMITATIONS ON FIREARMS RESTRICTIONS
SPONSOR(s): SENATOR(s) MYERS
05/05/21 (S) READ THE FIRST TIME - REFERRALS
05/05/21 (S) CRA, STA
05/11/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/11/21 (S) -- MEETING CANCELED --
05/13/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/13/21 (S) Heard & Held
05/13/21 (S) MINUTE(CRA)
05/18/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/18/21 (S) Moved CSSB 136(CRA) Out of Committee
05/18/21 (S) MINUTE(CRA)
05/19/21 (S) CRA RPT CS 2DP 1DNP SAME TITLE
05/19/21 (S) DP: HUGHES, MYERS
05/19/21 (S) DNP: GRAY-JACKSON
02/01/22 (S) STA AT 3:30 PM BUTROVICH 205
02/01/22 (S) Heard & Held
02/01/22 (S) MINUTE(STA)
02/15/22 (S) STA AT 3:30 PM BUTROVICH 205
02/15/22 (S) Heard & Held
02/15/22 (S) MINUTE(STA)
03/03/22 (S) STA AT 3:30 PM BUTROVICH 205
03/03/22 (S) Moved CSSB 136(CRA) Out of Committee
03/03/22 (S) MINUTE(STA)
03/04/22 (S) STA RPT CS(CRA) 3DP 2NR SAME TITLE
03/04/22 (S) DP: SHOWER, COSTELLO, HOLLAND
03/04/22 (S) NR: REINBOLD, KAWASAKI
03/16/22 (S) TRANSMITTED TO (H)
03/16/22 (S) VERSION: CSSB 136(CRA)
03/18/22 (H) READ THE FIRST TIME - REFERRALS
03/18/22 (H) CRA, STA
04/28/22 (H) CRA AT 8:00 AM BARNES 124
BILL: HB 167
SHORT TITLE: GOLD AND SILVER SPECIE AS LEGAL TENDER
SPONSOR(s): REPRESENTATIVE(s) MCCABE
04/09/21 (H) READ THE FIRST TIME - REFERRALS
04/09/21 (H) CRA, STA, FIN
03/29/22 (H) CRA AT 8:00 AM BARNES 124
03/29/22 (H) -- MEETING CANCELED --
04/05/22 (H) CRA AT 8:00 AM BARNES 124
04/05/22 (H) -- MEETING CANCELED --
04/12/22 (H) CRA AT 8:00 AM BARNES 124
04/12/22 (H) Heard & Held
04/12/22 (H) MINUTE(CRA)
04/19/22 (H) CRA AT 8:00 AM BARNES 124
04/19/22 (H) Heard & Held
04/19/22 (H) MINUTE(CRA)
04/28/22 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
SENATOR ROBERT MYERS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented SB 136.
MICHAELLA ANDERSON, Staff
Senator Robert Myers
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 136 on behalf of Senator
Myers, prime sponsor.
ANGELA STEPHL, Staff
Representative Kevin McCabe
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
167 on behalf of Representative McCabe, prime sponsor.
ACTION NARRATIVE
8:03:44 AM
CO-CHAIR SARA HANNAN called the House Community and Regional
Affairs Standing Committee meeting to order at 8:03 a.m.
Representatives Drummond, Prax, McCarty, McCabe, Schrage, and
Hannan were present at the call to order. Representative
Patkotak arrived as the meeting was in progress. Also present
was Representative Cathy Tilton.
SB 136-LIMITATIONS ON FIREARMS RESTRICTIONS
8:04:42 AM
CO-CHAIR HANNAN announced that the first order of business would
be CS FOR SENATE BILL NO. 136(CRA), "An Act relating to firearms
and other weapons restrictions."
8:05:03 AM
SENATOR ROBERT MYERS, Alaska State Legislature, as prime
sponsor, reiterated that SB 136 makes sure that citizens'
firearms rights are protected in the event of a disaster
declaration.
8:05:42 AM
MICHAELLA ANDERSON, Staff, Senator Robert Myers, Alaska State
Legislature, explained that due to disaster declarations around
the country, some states mandated complete or partial closures
of gun stores or firing ranges deeming them non-essential, which
threatened Second Amendment rights. She explained that SB 136,
companion to HB 179, prevents infringement on the constitutional
right to keep and bear arms.
8:08:14 AM
MS. ANDERSON provided a brief overview of the sectional analysis
on SB 136 [included in the committee packet], which read as
follows [original punctuation provided]:
Section 1.
Adds new sections to Article 5 of AS 44.99.
a) Establishes that notwithstanding a disaster
emergency declared under AS 26.23.020, a state or
municipal agency may not impose the following:
a. Forbid the possession, use, or transfer of a
firearm, a firearm accessory, ammunition, or other
weapon for personal use.
b. Order the seizure or confiscation of a
firearm, a firearm accessory, ammunition, or other
weapon for personal use.
c. Limit the quantity or place other restrictions
on the sale or service of firearms, firearm
accessories, ammunition, or other weapons for personal
use.
d. Unless the closure or limitation applies
equally to all forms of commerce within the
jurisdiction, close or limit the operating hours of
the following:
i. An entity engaged in the sale or service
of firearms, firearm accessories, ammunition, or other
weapons for personal use, or
ii. An indoor or outdoor shooting range.
e. Suspend or revoke a permit to carry a
concealed handgun issued under AS 18.65.700, except as
provided in AS 18.65.735 and 18.65.740; or
f. Refuse to accept an application to carry a
concealed handgun, provided the application contains
the information required under AS 18.65.710.
b) Establishes that this section does not apply to the
possession of a firearm, a firearm accessory,
ammunition, or other weapon by a person who is
prohibited from legally possessing a firearm, a
firearm accessory, ammunition, or other weapon under
state law.
c) Establishes that a person may bring a civil action
in superior court if the person is adversely affected
by a violation of (a) of this section, and the person
is the following:
a. Qualified under state law to possess a
firearm, a firearm accessory, ammunition, or other
weapon; or
b. A membership organization consisting of two or
more individuals eligible under (1) of this subsection
that is dedicated in whole or in part to the
protection of the rights of persons who possess or use
firearms or other weapons.
d) Notwithstanding AS 09.17.020(f) - (h), a prevailing
plaintiff under (c) of this section may recover.
a. The greater amount of actual economic damages
or punitive damages in the amount of three times the
plaintiff's attorney fees.
b. Court costs; and
c. Attorney fees.
e) Defines "State or Municipal Agency" to include the
following: University of Alaska or a department,
institution, board, commission, division, council,
committee, authority, public corporation, school
district, regional educational attendance area, or
other administrative unit of a municipality or of the
executive, judicial, or legislative branch of state
government, and includes employees of those entities.
Section 2. Repeals AS 44.99.500(g)(1) which is the
definition of a firearm accessory.
8:09:29 AM
REPRESENTATIVE MCCARTY asked whether there are dynamics being
seen elsewhere around the country with similar circumstances.
MS. ANDERSON confirmed [that dynamics were observed]; however,
she did not have a list of counties or municipalities that tried
to impose restrictions on Second Amendment rights.
8:11:21 AM
The committee took a brief at-ease at 8:11 a.m.
8:11:53 AM
REPRESENTATIVE MCCARTY questioned the bill's relevancy.
MS. ANDERSON responded that she would try to compile a list of
examples and forward it to the committee.
REPRESENTATIVE MCCABE commented that the true impetus for the
legislation started from [hurricane] Katrina when the mayor of
New Orleans ordered police departments to confiscate guns. Many
states have dealt with this issue since, he said.
8:14:22 AM
CO-CHAIR SCHRAGE stressed his strong support of the Second
Amendment and Alaskans' right to bear arms. He sought a better
understanding of the impetus for the legislation.
8:16:57 AM
SENATOR MYERS replied that the bill, as drafted, would not stop
the normal legislative process in regard to firearms. The bill
states that the disaster declaration power cannot be used
through the executive branch to change those laws or rules. It
is a limit on the "disaster power" of a governor or mayor, he
said, adding that one would still need to go through the
legislative process.
CO-CHAIR SCHRAGE asked whether this problem was prevalent in
Alaska.
SENATOR MYERS said he had observed it in Anchorage; however, it
did not go "as far" as what transpired in other states.
Instead, he explained, the Municipality of Anchorage put out
rules regarding what stores could stay open or not, and the end
result was that larger stores were allowed to stay open whereas
smaller "mom and pop" stores were often under pressure to close,
which put a significant burden on these type stores. The bill
would flip this burden, he said.
8:19:46 AM
CO-CHAIR HANNAN announced that SB 136 was held over.
8:20:00 AM
The committee took an at-ease from 8:20 a.m. to 8:21 a.m.
HB 167-GOLD AND SILVER SPECIE AS LEGAL TENDER
8:21:31 AM
CO-CHAIR HANNAN announced that the final order of business would
be HOUSE BILL NO. 167, "An Act relating to specie as legal
tender in the state; and relating to borough and city sales and
use taxes on specie."
8:21:41 AM
REPRESENTATIVE MCCABE, as prime sponsor, presented the second
hearing of HB 167. He stated that he had not received any
letters of opposition, and that he was interested in hearing
public testimony. He said that over the past century,
currencies have had their values wiped out, and for this reason,
many people hold some gold and silver; however, it may be
difficult to spend a theoretical one ounce of gold on something
like bread due to the merchant not having enough cash to make
change. Using coin as currency will allow the ability to spend
money if the merchant accepts it, while meeting constitutional
requirements for the state to utilize it. Should the bill pass,
the state can then build up a specie and create a State of
Alaska Goldback.
8:24:19 AM
CO-CHAIR HANNAN opened public testimony on HB 167. After
ascertaining that no one wished to testify, she closed public
testimony.
REPRESENTATIVE MCCABE expressed appreciation for the opportunity
to bring the bill forward and welcomed questions from committee
members and their constituents.
8:25:50 AM
REPRESENTATIVE MCCARTY noted that specie does not have a
denomination to it. He asked whether there is an online
mechanism to see the value of the specie at the time of a
transaction.
REPRESENTATIVE MCCABE confirmed there are a number of websites
that list the price of gold. He further noted that it is
typical of vendors to negotiate or "barter."
8:27:37 AM
CO-CHAIR SCHRAGE brought up the fluctuating value of assets. He
shared an example of $1,000 not having the same spending power
as it once did. He asked whether one would be required to pay
taxes on a Goldback that gains worth over time.
REPRESENTATIVE MCCABE gave a personal example of his gold coins
through Oxford Assaying in Anchorage, Alaska, and explained that
when a person buys a gold coin, there is nothing else involved;
however, when the person sells a gold coin, there is paperwork
involving reporting to the Internal Revenue Service (IRS).
CO-CHAIR SCHRAGE expressed concern over the ability for the "mom
and pop" shops that may not have the business experience or
organization to track the gold and silver purchases.
REPRESENTATIVE MCCABE reminded the committee that one of the
purposes of the bill was to prevent taxation of [gold and
silver] when used as legal tender. He expounded and shared an
example.
8:33:29 AM
REPRESENTATIVE PRAX shared his understanding that historically,
gold and silver was intended to be the medium of exchange for
the entire country; however, the federal government changed
course. He said it would be great if Alaska could participate
in reestablishing gold and silver specie as the medium of
exchange. He further commented on his region, North Pole,
Alaska, having a sales tax, and explained that no one would ever
open a coin shop or gold exchange because of the tax. He opined
that the same goes for Juneau, Alaska.
CO-CHAIR HANNAN clarified that Juneau has had several gold coin
sellers and buyers in seasonal businesses. She noted the sale
of gold bullion.
REPRESENTATIVE MCCABE explained that if Goldbacks were sold as a
collectible in Juneau, it would be taxable; however, not when
used as a medium of exchange.
REPRESENTATIVE MCCARTY expressed concern about compensation for
the devaluation and taxation of money.
8:43:02 AM
CO-CHAIR SCHRAGE asked whether this would eliminate the need to
report and be taxed on capital gains. He offered his
understanding that the proposed legislation would eliminate the
sales tax but not the capital gains tax.
REPRESENTATIVE MCCABE confirmed that is correct.
CO-CHAIR SCHRAGE recognized that in the U.S. there is a
tremendous benefit for not being on gold standard. He supported
the idea of removing the sales tax; however, he said there is a
lot to consider about the bill.
8:45:18 AM
CO-CHAIR HANNAN referred to the study by the House Finance
Committee and asked how it was conceived.
8:46:08 AM
ANGELA STEPHL, Staff, Representative Kevin McCabe, Alaska State
Legislature, on behalf of Representative McCabe, prime sponsor
of HB 167, responded to Co-Chair Hannan's question and explained
that Legislative Legal Services conceptualized the idea from
other states and suggested that in Alaska, the legislature have
control over the study, and recommended it be performed by the
House Finance Committee.
CO-CHAIR HANNAN pointed out that the House Finance Committee is
a singular committee on one side of a bipartisan structure. She
shared her understanding that typically, external research
contracts were handled by the [Legislative Council].
MS. STEPHL said that could be changed. She reiterated that it
was a suggestion by Legislative Legal Services.
8:47:12 AM
REPRESENTATIVE MCCABE stated that it was not the intention to
exclude the Senate Finance Committee. He suggested that an
amendment could be created to list both the Senate and House
Finance Committees or some sort of joint committee.
[HB 167 was held over.]
8:49:54 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at [8:50] a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSSB 136 Version B.PDF |
HCRA 4/28/2022 8:00:00 AM HCRA 5/16/2022 8:00:00 AM |
SB 136 |
| CSSB 136 Explanation of Changes.pdf |
HCRA 4/28/2022 8:00:00 AM HCRA 5/16/2022 8:00:00 AM |
SB 136 |
| CSSB 136 Sectional Analysis.pdf |
HCRA 4/28/2022 8:00:00 AM HCRA 5/16/2022 8:00:00 AM |
SB 136 |
| CSSB136 Fiscal Note 3.pdf |
HCRA 4/28/2022 8:00:00 AM HCRA 5/16/2022 8:00:00 AM |
SB 136 |
| CSSB 136 - Supporting Document - Martinez v Villanueva - Emergency Powers.pdf |
HCRA 4/28/2022 8:00:00 AM |
SB 136 |
| SB136 Sponsor Statement.pdf |
HCRA 4/28/2022 8:00:00 AM HCRA 5/16/2022 8:00:00 AM |
SB 136 |
| SB 136 - NRA Testimony - Emergency Powers - SUPPORT 2-31-22.pdf |
HCRA 4/28/2022 8:00:00 AM |
SB 136 |
| HB 167 Treasury Response 4.27.22.pdf |
HCRA 4/28/2022 8:00:00 AM |
HB 167 |