03/12/2018 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB75 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 75 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 12, 2018
3:10 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Jonathan Kreiss-Tomkins, Vice Chair
Representative Louise Stutes
Representative Gabrielle LeDoux
Representative David Eastman
Representative Chuck Kopp
MEMBERS ABSENT
Representative Charisse Millett (alternate)
Representative Tiffany Zulkosky (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 75
"An Act relating to gun violence protective orders; relating to
the crime of violating a protective order; relating to a central
registry for protective orders; relating to the powers of
district judges and magistrates; requiring physicians,
psychologists, psychological associates, social workers, marital
and family therapists, and licensed professional counselors to
report annually threats of gun violence; and amending Rules 4
and 65, Alaska Rules of Civil Procedure, and Rule 9, Alaska
Rules of Administration."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 75
SHORT TITLE: GUN VIOLENCE PROTECTIVE ORDERS
SPONSOR(s): REPRESENTATIVE(s) TARR
01/23/17 (H) READ THE FIRST TIME - REFERRALS
01/23/17 (H) JUD, FIN
02/28/18 (H) JUD AT 1:00 PM GRUENBERG 120
02/28/18 (H) Heard & Held
02/28/18 (H) MINUTE(JUD)
03/12/18 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
IVANA BARRICK
Juneau, Alaska
POSITION STATEMENT: During the hearing of HB 75, testified in
support of the legislation.
HILARY REHFIELD GREEN
Juneau, Alaska
POSITION STATEMENT: During the hearing of HB 75, testified in
support of the legislation.
MARJORIE MENZI
Juneau, Alaska
POSITION STATEMENT: During the hearing of HB 75, testified in
support of the legislation.
PATTY OWEN
Juneau, Alaska
POSITION STATEMENT: During the hearing of HB 75, testified in
support of the legislation.
MIKE COONS
Palmer, Alaska
POSITION STATEMENT: During the hearing of HB 75, testified in
opposition to the legislation.
ANN RAPPOPORT
Anchorage, Alaska
POSITION STATEMENT: During the hearing of HB 75, testified in
support of the legislation.
ACTION NARRATIVE
3:10:37 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 3:10 p.m. Representatives Kopp, LeDoux, and
Eastman were present at the call to order. Representatives
Kreiss-Tomkins, Stutes, and Reinbold arrived as the meeting was
in progress.
HB 75-GUN VIOLENCE PROTECTIVE ORDERS
3:11:05 PM
CHAIR CLAMAN announced that the only order of business would be
HOUSE BILL NO. 75, "An Act relating to gun violence protective
orders; relating to the crime of violating a protective order;
relating to a central registry for protective orders; relating
to the powers of district judges and magistrates; requiring
physicians, psychologists, psychological associates, social
workers, marital and family therapists, and licensed
professional counselors to report annually threats of gun
violence; and amending Rules 4 and 65, Alaska Rules of Civil
Procedure, and Rule 9, Alaska Rules of Administration."
CHAIR CLAMAN opened public testimony on HB 75.
3:11:49 PM
IVANA BARRICK (audio difficulties) survivor and she is still
coming to terms with that, which requires "a lot of therapy."
The last five and one-half months have been a hard road, she
described, but she is grateful for her friends and family that
have supported her. Within the last five and one-half months
all have heard "#Vegas Strong," and within those months there
have more people in "our club." She said that she stands behind
this bill because Alaska has a gun violence problem that needs
to be addressed because Alaskans do not need any more people "to
join this club." Since joining the club, there has been
"Sutherland Strong" and "Parkland Strong." She urges each
member to try to push this bill through because "enough is
enough."
3:13:07 PM
HILARY REHFIELD-GREEN advised that she is born and raised
Alaskan who, through the years, has personally been affected by
tragedy by way of unstoppable persons with firearms. Friends of
hers have taken their own lives, extended family has been
engaged in domestic disputes involving firearms and gun fire,
and most recently, she related, she survived the mass shooting
in Las Vegas. Her life has been permanently altered due to a
troubled individual welding fire arms as weapons of mass
destruction, and she related that it is her responsibility to do
everything in her power to influence change and establish common
sense gun laws for public safety. She remarked that no one else
should have to experience what she, and thousands of other
people, are suffering within recovery from the shootings and
domestic gun violence. The extreme risk protection order could
provide safety for vulnerable citizens, both the troubled and
unstable individuals, and potential victims of gun violence.
She opined that HB 75 is a realistic measure to take against
potential gun violence and she is hopeful the members can
support this legislation.
3:15:23 PM
MARJORIE MENZI advised that she is a retired social studies
educator, the mother of 5 children, and grandmother of 12
grandchildren. She related that she has suffered a "very strong
emotional response" to the years of school shootings and the
death of our children by gun fire. For the past five years,
since the Sandy Hook Elementary School shooting in December
2012, she has been a supporter of the Brady Campaign to Prevent
Gun Violence to reduce gun violence in the United States. Her
concern with society's gun violence, she explained, became
personal three years ago when a friend, a former Juneau
resident's teen-age grandson was shot to death in Atlanta,
Georgia while attending a high school football game. No one was
ever charged with his murder, she expressed. She said she
supports HB 75 and applauds the sponsors for taking this small
step to address gun violence in Alaska, and she hopes this is
just a first step. This legislation raises some questions in
her mind which perhaps will be addressed by regulations or have
been answered to the satisfaction of the committee members, she
said. With regard to the next necessary steps from the Alaska
Legislature and the United States Congress, she concurs with the
recommendation of the emergency room psychiatrist, Doctor Amy
Barnhort, who previously testified before this committee. Dr.
Barnhort was quoted in the New York Times as saying, "It is
important to put some distance between young men and their guns.
One way to do that is to raise the age of legal carry to 21-
years," which the State of Florida recently accomplished, she
advised. The sale of guns needs to be stopped at gun shows,
which takes place without background checks, and includes bump-
fire stocks and the sale of automatic weapons. There must also
be a comprehensive and easily accessible nationwide database for
background checks. She said that she offers these suggestions
as possible next steps that might be taken by the Alaska
Legislature. The NRA created an environment of fear to justify
the sale of assault weapons to ordinary citizens and has bank
rolled United States Congressional campaigns to ensure that the
NRA's positions regarding gun availability prevail in the United
States. This state needs substantive action by legislators and
by the United States Congress to ensure the safety of Alaskans
and all Americans.
3:18:23 PM
PATTY OWEN advised that she is a life-long Alaskan and lives in
Juneau, she is a health and safety advocate, and she has
children and grandchildren living in Juneau. She related that
she has 30 plus years of professional experience in disease and
injury prevention, she is a mother who remembers the Columbine
High School shooting in April 1999, and at that time moms were
calling for common sense gun laws. During the past 20 years,
gun violence has gotten worse and she related that HB 75 really
has the promise to work for Alaskans' safety, particularly with
the state's firearm death rate being higher than the national
average, and the state's suicides being the highest in the
nation. She urged the members to support HB 75.
3:19:46 PM
MIKE COONS said, "I am the NRA, I am one of 5 million proud
members of the NRA, and we stand for the Second Amendment." He
referred to the title of HB 75 regarding "An Act relating to gun
violence protective orders," and commented that under federal
law, if there is a protective order, that information
automatically goes to the National Instant Criminal Background
System (NICS). Although, he commented, 38 states chose not [be
involved in that system]. He pointed to the title, "relating to
a central registry for protective orders," and asked that if a
police officer can call in over the radio to determine whether a
person had a protective order, why is a registry necessary when
the information is already available. He pointed to the title,
"relating to the powers of district judges and magistrates;
requiring physicians, psychologists, psychological associates,
social workers, marital and family therapists and licensed
professional counselors to report annually threats of gun
violence;" and said, "Really? Isn't that when a person really
has a mental problem that they are supposed to be seen, if there
is a real problem they have a 72-hour hold, and if they are
found to be a danger to themselves or others it goes to a court,
a judge who adjudicates under the law whether the person is
mentally a danger to others and they lose their Second Amendment
rights, right then and there, and their firearms are confiscated
and taken away." He advised that that is the federal law, "it
is not being enforced all the way through the Alaska
administration, although this administration has." He referred
to the testimony of the woman who supports the Brady Campaign to
Prevent Gun Violence and offered that there is no such thing as
an assault weapon unless it is a fully automatic M-16 rifle, and
the weapons used in the military are assault weapons. An AR-15
rifle is a semi-automatic, similar to a 10-22 rifle semi-
automatic, and "it just looks bad." He referred to the gun show
loophole testimony and responded that there is no gun show
loophole, and there is no loophole on the internet because "all
federal firearms dealers have to be dealing with it." He said
he is trying to get the facts out, rather than the hyperbole and
the absolute adamant lies of the far-left anti-gun, anti-Second
Amendment people that are going to be speaking in this
committee. He said he opposes HB 75, he does not want to see it
passed out of this committee, and he wants every good Republican
to vote against it on the floor of the House of Representatives.
3:23:02 PM
ANN RAPPOPORT thanked Representatives Tarr, Spohnholz, and
Drummond for introducing HB 75, which is a common sense
preventative approach to one aspect of the gun violence in
America that has needlessly torn apart and traumatized so many
American families. She related that she is a 39-year resident
of Alaska who took several gun safety courses during her career
as a wildlife biologist, and her husband is a gun owner and avid
hunter. She urged the legislature to quickly pass HB 75, as
this bill does not interfere with anyone's rights under the
Second Amendment. Rather, she explained, it will provide a
safety net to identify troubled Alaskans who own or have access
to firearms by notifying the proper authorities and then
removing those firearms to keep those individuals, their loved
ones, and innocent other safe until the troubled individual
seeks help. Once the situation and the individual are
considered stable, they will regain their firearms. Had a
similar bill been in place a few years ago it could have
prevented the tragic situation of the Alaskan who flew to the
State of Florida and killed [17] innocent people at the Marjory
Stoneman Douglas High School. This legislation could have
prevented a number of suicides, which is a leading cause of
death among young Alaskans, it could have prevented domestic
violence, and it would have prevented the significant injuries
and enduring trauma testified to earlier, (audio difficulties)
history by so others (audio difficulties) events, she related.
Statistics show that Alaska has the highest rate of firearm
deaths in the nation, and most of those are suicides, and
suicide by firearms is much deadlier than suicide attempted by
other means. She advised that legislation similar to HB 75 has
effectively been implemented in several other states. (Audio
difficulties) to the youths of America while pushing adults to
do something about the issue of gun violence in America. (Audio
difficulties), Ariana O'Harra, a Junior at Eastside High School,
who wrote an excellent commentary in last Wednesday's Anchorage
Daily News where she lamented that Alaska's students now spend
more time preparing for a school shooting than earthquakes.
This is not a situation anyone should consider staying for
Alaska's children. She suggested that the terms, "foster parent
and grandparent" be added to the list of immediate family
members as it appears those individuals may be the primary
caregivers for troubled youths. Alternatively, she said, Alaska
has seen several situations where those are the people posing an
immediate danger to vulnerable youths. Please help save out
children, she asked, save our spouses and partners, and save
countless others who are either going through a difficult
period, or those who are innocent bystanders, with a yes-vote on
HB 75, the first of many necessary steps in this area.
CHAIR CLAMAN announced that public testimony would be left open.
[HB 75 was held over.]
3:25:58 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:26 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB075 ver D 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM HJUD 3/19/2018 1:00:00 PM |
HB 75 |
| HB075 Sponsor Statement 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM |
HB 75 |
| HB075 Sectional Analysis 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM |
HB 75 |
| HB075 Supporting Document-Washington Post Article - Five States Allow Gun Seizures 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM |
HB 75 |
| HB075 Supporting Document-Washington Post Article - Missouri Case 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM |
HB 75 |
| HB075 Supporting Document-The Trace Article - ERPOs Reduce Suicides 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM |
HB 75 |
| HB075 Supporting Document-Sandy Hook Promise Letter 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM |
HB 75 |
| HB075 Supporting Document-Sandy Hook Promise Letters (Part 1) 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM |
HB 75 |
| HB075 Supporting Document-Public Comment (Part 1) 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM HJUD 3/19/2018 1:00:00 PM |
HB 75 |
| HB075 Fact Sheet 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM HJUD 3/19/2018 1:00:00 PM |
HB 75 |
| HB075 Fiscal Note DHSS-EPI 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM |
HB 75 |
| HB075 Fiscal Note LAW-CRIM 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM |
HB 75 |
| HB075 Fiscal Note DPS-CJISP 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM |
HB 75 |
| HB075 Fiscal Note DPS-DET 2.28.18.pdf |
HJUD 2/28/2018 1:00:00 PM HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM |
HB 75 |
| HB075 Supporting Document-NYT Opinion - Mental Health System Can't Stop Mass Shooters 3.12.18.pdf |
HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM |
HB 75 |
| HB075 Opposing Document-Public Comment (Part 1) 3.12.18.pdf |
HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM HJUD 3/19/2018 1:00:00 PM |
HB 75 |
| HB075 Supporting Document-Public Comment (Part 2) 3.12.18.pdf |
HJUD 3/12/2018 1:00:00 PM HJUD 3/12/2018 7:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/19/2018 1:00:00 PM |
HB 75 |
| HB075 Fiscal Note JUD-ACS 3.12.18.pdf |
HJUD 3/12/2018 1:00:00 PM HJUD 3/14/2018 1:00:00 PM HJUD 3/16/2018 1:00:00 PM |
HB 75 |