Legislature(1993 - 1994)

04/16/1994 01:00 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
               HOUSE JUDICIARY STANDING COMMITTEE                              
                         April 16, 1994                                        
                            1:00 p.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Brian Porter, Chairman                                                  
  Rep. Jeannette James, Vice-Chair                                             
  Rep. Gail Phillips                                                           
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Rep. Pete Kott                                                               
  Rep. Joe Green                                                               
  Rep. Cliff Davidson                                                          
  Rep. Jim Nordlund                                                            
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  SB 24:    "An Act extending the maximum period of probation                  
            after conviction."                                                 
                                                                               
            HEARD AND HELD                                                     
                                                                               
  SB 220:   "An Act amending schedule IA of the schedules of                   
            controlled substances applicable to offenses                       
            relating to controlled substances to add the drug                  
            methcathinone, commonly identified as 'cat.'"                      
                                                                               
            HEARD AND HELD                                                     
                                                                               
  SB 322:   "An Act repealing the requirement that an oil or                   
            gas lease sale be held during the calendar quarter                 
            for which scheduled under the leasing program and                  
            repealing related allowable delays for certain oil                 
            and gas lease sales under the Alaska Land Act; and                 
            providing for an effective date."                                  
                                                                               
            HEARD AND HELD                                                     
                                                                               
  SB 316:   "An Act relating to commercial fishing penalties."                 
                                                                               
            HEARD AND HELD                                                     
                                                                               
  SJR 39:   "An Act relating to the individual right to keep                   
            and bear arms."                                                    
                                                                               
            HEARD AND HELD                                                     
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  MICHAEL FINKELSTEIN, Aide                                                    
  Senator Dave Donley                                                          
  Alaska State Legislature                                                     
  Capitol Bldg., Room 11                                                       
  Juneau, AK 99801-1182                                                        
  Position Statement:  Testified on SB 24 on behalf of                         
                       prime sponsor.                                          
                                                                               
  C.E. SWACKHAMMER, Deputy Commissioner                                        
  Department of Public Safety                                                  
  P.O. Box 111200                                                              
  Juneau, AK 99811-1200                                                        
  Position Statement:  Testified on SB 24 and SJR 39.                          
                                                                               
  JOHN QUEBBEMANN, Intern                                                      
  Senator Johnny Ellis                                                         
  Alaska State Legislature                                                     
  Capitol Bldg., Room 9                                                        
  Juneau, AK 99801-1182                                                        
  465-4534                                                                     
  Position Statement:  Testified on CSSJR 39 on behalf of                      
                       prime sponsor.                                          
                                                                               
  GERALD L. GALLAGHER, Director                                                
  Division of Mining                                                           
  Department of Natural Resources                                              
  P.O. Box 107016                                                              
  Anchorage, AK 99510-7016                                                     
  Position Statement:  Testified on SB 322.                                    
                                                                               
  JIM BECKER                                                                   
  Bristol Bay Fishermen                                                        
  P.O. Box 240522                                                              
  Douglas, AK 99824-0522                                                       
  586-1900                                                                     
  Position Statement:  Opposed SB 316.                                         
                                                                               
  DAVE THOMPSON, Aide                                                          
  Senator Rick Halford                                                         
  Alaska State Legislature                                                     
  Capitol Bldg., Room 111                                                      
  Juneau, AK 99801-1182                                                        
  465-4958                                                                     
  Position Statement:  Testified on SB 316 on behalf of                        
                        prime sponsor.                                         
                                                                               
  SAM DANIEL                                                                   
  P.O. Box 833                                                                 
  Girdwood, AK 99587                                                           
  Position Statement:  Opposed SB 316.                                         
                       (Spoke via teleconference)                              
                                                                               
  JACK FOSTER, JR.                                                             
  Sand Point, AK 99661                                                         
  Position Statement:  Opposed SB 316.                                         
                       (Spoke via teleconference)                              
                                                                               
  DAVID WHITMIRE                                                               
  P.O. Box 2481                                                                
  Homer, AK 99603                                                              
  Position Statement:  Opposed SB 316.                                         
                       (Spoke via teleconference)                              
                                                                               
  GIOVANNI TALLINO                                                             
  Kodiak Island Sport Association                                              
  P.O. Box 4496                                                                
  Kodiak, AK 99615                                                             
  Position Statement:  Supported SJR 39.                                       
                       (Spoke via teleconference)                              
                                                                               
  WILLIAM WOOD                                                                 
  P.O. Box 3622                                                                
  Palmer, AK 99645                                                             
  Position Statement:  Supported SB 316.                                       
                       (Spoke via teleconference)                              
                                                                               
                                                                               
  DAN HASTINGS                                                                 
  P.O. Box 3324                                                                
  Soldotna, AK 99669                                                           
  Position Statement:  Opposed SB 316.                                         
                       (Spoke via teleconference)                              
                                                                               
  KONRAD SCHAAD                                                                
  53198 McNeil Pl.                                                             
  Homer, AK 99603                                                              
  Position Statement:  Opposed SB 316.                                         
                       (Spoke via teleconference)                              
                                                                               
  ROSELEEN (SNOOKS) MOORE                                                      
  41980 Kachemak Dr.                                                           
  Homer, AK 99603                                                              
  Position Statement:  Opposed SB 316.                                         
                       (Spoke via teleconference)                              
                                                                               
  INGRID JACOBSEN II                                                           
  Sand Point, AK 99661                                                         
  Position Statement:  Opposed SB 316.                                         
                       (Spoke via teleconference)                              
                                                                               
  DAN HENNICK                                                                  
  40345 Waterman Road                                                          
  Homer, AK 99603                                                              
  Position Statement:  Opposed SB 316.                                         
                       (Spoke via teleconference)                              
                                                                               
  ALVIN OSTERBACK, Mayor                                                       
  City of Sand Point                                                           
  Sand Point, AK 99661                                                         
  Position Statement:  Opposed SB 316.                                         
                       (Spoke via teleconference)                              
                                                                               
  JERRY McCUNE, President                                                      
  United Fishermen of Alaska                                                   
  211 4th St., Suite 112                                                       
  Juneau, AK 99801                                                             
  586-2820                                                                     
  Position Statement:  Opposed SB 316.                                         
                                                                               
  HUGH MALONE, Lobbyist                                                        
  Kenai Peninsula Fishermen's Association                                      
  2517 David St.                                                               
  Juneau, AK 99801                                                             
  364-2932                                                                     
  Position Statement:  Opposed SB 316.                                         
                                                                               
  LOUIS MENENDEZ                                                               
  Assistant District Attorney                                                  
  Department of Law                                                            
  155 South Seward St.                                                         
  Juneau, AK 99801                                                             
  586-5242                                                                     
  Position Statement:  Testified on SB 316.  Opposed                           
                       passage of the bill without further                     
                       evaluation.                                             
                                                                               
  COLONEL BILL VALENTINE, Director                                             
  Division of Fish and Wildlife Protection                                     
  Department of Public Safety                                                  
  5700 E. Tudor Road                                                           
  Anchorage, AK 99507-1225                                                     
  269-5509                                                                     
  Position Statement:  Testified on SB 316.                                    
                                                                               
  DAVE OSTERBACK                                                               
  Sand Point, AK 99661                                                         
  Position Statement:  Opposed SB 316                                          
                       (Spoke via teleconference)                              
                                                                               
  PORTIA BABCOCK, Committee Aide                                               
  Senate State Affairs Committee                                               
  Senator Loren Leman's Office                                                 
  Alaska State Legislature                                                     
  Capitol Bldg., Room 113                                                      
  Juneau, AK 99801-1182                                                        
  Position Statement:  Testified on SJR 39.                                    
                                                                               
  W.J. HALLERAN, JR.                                                           
  P.O. Box 92342                                                               
  Anchorage, AK 99509                                                          
  Position Statement:  Supported SJR 39.                                       
                       (Spoke via teleconference)                              
                                                                               
  DAN DAVIS                                                                    
  P.O. Box 1285                                                                
  Delta Junction, AK 99737                                                     
  Position Statement:  Supported SJR 39.                                       
                       (Spoke via teleconference)                              
                                                                               
  GENE OTTENSTROER                                                             
  P.O. Box 1059                                                                
  Delta Junction, AK 99737                                                     
  Position Statement:  Partially supported SJR 39.                             
                       (Spoke via teleconference)                              
                                                                               
  JOE SCHOENER                                                                 
  891 Ridgetop Road                                                            
  North Pole, AK 99705                                                         
  Position Statement:  Supported the original form of SJR 39.                  
                       (Spoke via teleconference)                              
                                                                               
  LADD McBRIDE                                                                 
  P.O. Box 83567                                                               
  Fairbanks, AK 99708                                                          
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  CLARENCE BAYSINGER                                                           
  P.O. Box 96                                                                  
  Nenana, AK 99760                                                             
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  LARRY PETTY                                                                  
  Century Club                                                                 
  P.O. Box 56114                                                               
  North Pole, AK 99705                                                         
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  FRANK TURNEY                                                                 
  702 Turney Ct. Rd.                                                           
  Fairbanks, AK 99712                                                          
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  ROBERT ANDERSON                                                              
  P.O. Box 2625                                                                
  Kodiak, AK 99615                                                             
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  MARK CHRYSON                                                                 
  Gun Owners of America                                                        
  2140 Wolverine Circle                                                        
  Wasilla, AK 99654                                                            
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  DOUG MILLARD                                                                 
  P.O. Box 870351                                                              
  Wasilla, AK 99687                                                            
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  MIKE CHRYST                                                                  
  P.O. Box 872488                                                              
  Wasilla, AK 99687                                                            
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  LOUIE R. MARCH                                                               
  P.O. Box 686                                                                 
  Seward, AK 99664                                                             
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  HELEN I. MARCH                                                               
  P.O. Box 1331                                                                
  Seward, AK 99664                                                             
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  DANIEL J. FICKLE                                                             
  P.O. Box 1331                                                                
  Seward, AK 99664                                                             
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  WESLEY JONES                                                                 
  HCR 64, Box 535                                                              
  Seward, AK 99664                                                             
  Position Statement:  Testimony read by LOUIE MARCH.                          
                       Supported SJR 39.                                       
                                                                               
  ROBERT WISEMAN                                                               
  P.O. Box 2741                                                                
  Soldotna, AK 99669                                                           
  Position Statement:  Supported CSSJR 39.                                     
                       (Spoke via teleconference)                              
                                                                               
  ROBERT MEYER                                                                 
  P.O. Box 945                                                                 
  Sterling, AK 99672                                                           
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  RAY HALLEY                                                                   
  P.O. Box 1751                                                                
  Valdez, AK 99686                                                             
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  DON CHASE                                                                    
  P.O. Box 1515                                                                
  Valdez, AK 99686                                                             
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
  LARRY PETTY                                                                  
  P.O. Box 56114                                                               
  North Pole, AK 99705                                                         
  Position Statement:  Supported SJR 39.                                       
                       (Spoke via teleconference)                              
                                                                               
  CHUCK SERRA                                                                  
  7724 Brentwood                                                               
  Anchorage, AK 99502                                                          
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  NEIL CAMERON                                                                 
  3514 W. 40th Ave.                                                            
  Anchorage, AK 99517                                                          
  Position Statement:  Supported SJR 39.                                       
                       (Spoke via teleconference)                              
                                                                               
  SALLY CHRYST                                                                 
  P.O. Box 872488                                                              
  Wasilla, AK 99687                                                            
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  JEANNE PHIPPS                                                                
  P.O. Box 544                                                                 
  Delta Junction, AK 99727                                                     
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  LEON CHYTHLOOK                                                               
  P.O. Box 2741                                                                
  Soldotna, AK 99669                                                           
  Position Statement:  Supported original form of SJR 39.                      
                       (Spoke via teleconference)                              
                                                                               
  Several people submitted written testimony which was                         
  retained in the bill files.  They attended teleconferences,                  
  but due to time restraints on the teleconferencing network,                  
  were not given time to testify.  Those people are as                         
  follows:                                                                     
                                                                               
  PAUL D. PETTY                                                                
  P.O. Box 36                                                                  
  Delta Junction, AK 99737                                                     
  Position Statement:  Supported original form of SJR 39.                      
                                                                               
  LEIGH DENNISON                                                               
  P.O. Box 873                                                                 
  Delta Junction, AK 99737                                                     
  Position Statement:  Supported original form of SJR 39.                      
                                                                               
  BRUCE GROSSMAN                                                               
  P.O. Box 1284                                                                
  Delta Junction, AK 99737                                                     
  Position Statement:  Supported original form of SJR 39.                      
                                                                               
  ALLEN G. AVINGER                                                             
  P.O. Box 354                                                                 
  Delta Junction, AK 99737                                                     
  Position Statement:  Supported original form of SJR 39.                      
                                                                               
  OLIVER (BUD) BURRIS                                                          
  Tanana Valley Sportsmen's Association                                        
  P.O. Box 70669                                                               
  Fairbanks, AK 99707                                                          
  Phone:  474-0437                                                             
  Position Statement:  Supported CSSJR 39.                                     
                                                                               
  JEANNE EVERHART                                                              
  P.O. Box 81269                                                               
  Fairbanks, AK 99708                                                          
  Position Statement:  Supported SJR 39.                                       
                                                                               
  DOUG EVERHART                                                                
  P.O. Box 81269                                                               
  Fairbanks, AK 99708                                                          
  Position Statement:  Supported SJR 39.                                       
                                                                               
  RONALD L. SCHWAB                                                             
  P.O. Box 327                                                                 
  Ester, AK 99725                                                              
  Position Statement:  Supported SJR 39.                                       
                                                                               
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  SB  24                                                                
  SHORT TITLE: EXTEND MAXIMUM PERIOD OF PROBATION                              
  SPONSOR(S): SENATOR(S) DONLEY,Little                                         
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/11/93        21    (S)   PREFILE RELEASED  1/4/93                         
  01/11/93        21    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  01/11/93        21    (S)   JUDICIARY, FINANCE                               
  02/02/94              (S)   JUD AT 01:30 PM BELTZ ROOM 211                   
  02/02/94              (S)   MINUTE(JUD)                                      
  02/04/94      2678    (S)   JUD RPT  3DP 1NR                                 
  02/04/94      2679    (S)   ZERO FISCAL NOTE PUBLISHED                       
                              (DPS)                                            
  03/01/94              (S)   FIN AT 09:00 AM SENATE FINANCE                   
  03/01/94              (S)   MINUTE(FIN)                                      
  03/02/94      3026    (S)   FIN RPT  4DP 2NR 1DNP                            
  03/02/94      3026    (S)   ZERO FNS PUBLISHED (LAW, COURT,                  
                              CORR)                                            
  03/02/94      3026    (S)   PREVIOUS ZERO FN (DPS)                           
  03/14/94              (S)   MINUTE(STA)                                      
  03/16/94              (S)   RLS AT 00:00 AM FAHRENKAMP ROOM                  
  03/16/94              (S)   MINUTE(RLS)                                      
  03/22/94      3317    (S)   RULES TO CALENDAR  3/22/94                       
  03/22/94      3318    (S)   READ THE SECOND TIME                             
  03/22/94      3319    (S)   ADVANCED TO THIRD READING UNAN                   
                              CONSENT                                          
  03/22/94      3319    (S)   READ THE THIRD TIME  SB 24                       
  03/22/94      3319    (S)   COSPONSOR(S):  LITTLE                            
  03/22/94      3319    (S)   PASSED Y19 N- A1                                 
  03/22/94      3324    (S)   TRANSMITTED TO (H)                               
  03/23/94      2923    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/23/94      2923    (H)   JUDICIARY, FINANCE                               
  04/11/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/13/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/14/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/15/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/16/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  SB 220                                                                
  SHORT TITLE: ADD "CAT" TO SCHEDULE IIA DRUG LIST                             
  SPONSOR(S): SENATOR(S) ELLIS,Little; REPRESENTATIVE(S)                       
  Navarre                                                                      
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/03/94      2451    (S)   PREFILE RELEASED 1/4/93                          
  01/10/94      2451    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  01/10/94      2451    (S)   STA, JUD                                         
  02/09/94              (S)   STA AT 09:00 AM BUTROVICH ROOM                   
  02/09/94              (S)   MINUTE(STA)                                      
  02/14/94      2824    (S)   STA RPT  CS 3DP  NEW TITLE                       
  02/14/94      2824    (S)   ZERO FNS TO SB & CS PUBLISHED                    
                              (DPS, LAW)                                       
  03/14/94              (S)   JUD AT 01:30 PM BELTZ ROOM 211                   
  03/15/94      3212    (S)   JUD RPT  5DP (STA)CS                             
  03/15/94      3212    (S)   PREVIOUS ZERO FNS (DPS, LAW)                     
  03/18/94              (S)   RLS AT 00:00 AM FAHRENKAMP ROOM                  
  03/18/94              (S)   MINUTE(RLS)                                      
  03/24/94      3344    (S)   RULES TO CALENDAR  3/24/94                       
  03/24/94      3347    (S)   READ THE SECOND TIME                             
  03/24/94      3348    (S)   STA  CS ADOPTED UNAN CONSENT                     
  03/24/94      3348    (S)   ADVANCED TO THIRD READING UNAN                   
                              CONSENT                                          
  03/24/94      3348    (S)   READ THE THIRD TIME  CSSB                        
                              220(STA)                                         
  03/24/94      3348    (S)   PASSED Y16 N- E1 A3                              
  03/24/94      3353    (S)   TRANSMITTED TO (H)                               
  03/25/94      2959    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/25/94      2959    (H)   STATE AFFAIRS, JUDICIARY                         
  03/25/94      2985    (H)   CROSS SPONSOR(S): NAVARRE                        
  04/05/94      3124    (H)   STA RPT  4DP 1NR                                 
  04/05/94      3124    (H)   DP:  VEZEY, ULMER, B.DAVIS,                      
                              G.DAVIS                                          
  04/05/94      3124    (H)   NR:  OLBERG                                      
  04/05/94      3124    (H)   -2 PREVIOUS SEN ZERO FNS                         
                              (DPS,LAW) 2/14                                   
  04/05/94              (H)   STA AT 08:00 AM CAPITOL 102                      
  04/05/94              (H)   MINUTE(STA)                                      
  04/11/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/13/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/14/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/15/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/16/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  SB 322                                                                
  SHORT TITLE: DELAYS OF OIL AND GAS LEASE SALES                               
  SPONSOR(S): RESOURCES                                                        
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  02/14/94      2832    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  02/14/94      2832    (S)   RES, FIN                                         
  02/22/94              (S)   RES AT 12:00 PM BUTROVICH                        
                              ROOM 205                                         
  02/22/94              (S)   RES AT 03:00 PM BUTROVICH                        
                              ROOM 205                                         
  02/23/94      2944    (S)   RES RPT  3DP 1NR                                 
  02/23/94      2944    (S)   ZERO FISCAL NOTE PUBLISHED                       
                              (DNR)                                            
  02/23/94              (S)   RES AT 03:30 PM BUTROVICH                        
                              ROOM 205                                         
  02/23/94              (S)   MINUTE(RES)                                      
  02/24/94              (S)   FIN AT 09:00 AM SENATE FINANCE                   
                              518                                              
  02/28/94      2989    (S)   FIN RPT  CS  5DP  NEW TITLE                      
  02/28/94      2990    (S)   PREVIOUS ZERO FN APPLIES TO CS                   
                              (DNR)                                            
  02/28/94              (S)   FIN AT 09:00 AM SENATE FINANCE                   
                              518                                              
  02/28/94              (S)   MINUTE(FIN)                                      
  03/01/94              (S)   RLS AT 01:00 PM FAHRENKAMP                       
                              ROOM 203                                         
  03/01/94              (S)   MINUTE(RLS)                                      
  03/09/94      3105    (S)   RULES RPT  4CAL 1NR   3/9/94                     
  03/09/94      3118    (S)   READ THE SECOND TIME                             
  03/09/94      3118    (S)   FIN  CS ADOPTED UNAN CONSENT                     
  03/09/94      3124    (S)   AM NO  1     MOVED BY LITTLE                     
  03/09/94      3125    (S)   AM NO  1     FAILED  Y9 N11                      
  03/09/94      3125    (S)   ADVANCE TO 3RD READING FLD                       
                              Y11 N9                                           
  03/09/94      3125    (S)   THIRD READING 3/10 CALENDAR                      
  03/10/94      3152    (S)   READ THE THIRD TIME  CSSB 322                    
                              (FIN)                                            
  03/10/94      3152    (S)   PASSED Y18 N- E2                                 
  03/10/94      3153    (S)   EFFECTIVE DATE  SAME AS PASSAGE                  
  03/10/94      3153    (S)   Lincoln  NOTICE OF RECONSID                      
                              ERATION                                          
  03/14/94      3197    (S)   RECON TAKEN UP - IN THIRD                        
                              READING                                          
  03/14/94      3197    (S)   HELD ON RECONSIDERATION TO                       
                              3/15/94                                          
  03/15/94      3217    (S)   PASSED ON RECONSIDERATION Y18                    
                              N- E1 A1                                         
  03/15/94      3218    (S)   EFFECTIVE DATE  SAME AS PASSAGE                  
  03/15/94      3227    (S)   TRANSMITTED TO (H)                               
  03/16/94      2825    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/16/94      2825    (H)   OIL & GAS, JUDICIARY                             
  03/21/94              (H)   O&G AT 05:00 PM CAPITOL 124                      
  03/21/94              (H)   MINUTE(O&G)                                      
  03/23/94      2934    (H)   O&G RPT  4DP 1NR                                 
  03/23/94      2934    (H)   DP:  KOTT, SITTON, G.DAVIS,                      
                              GREEN                                            
  03/23/94      2934    (H)   NR:  OLBERG                                      
  03/23/94      2934    (H)   -PREVIOUS SEN ZERO FN (DNR)                      
                              2/23/94                                          
  04/11/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/13/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/14/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/15/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/16/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  SB 316                                                                
  SHORT TITLE: FISHING VIOLATIONS:FINES/BURDEN OF PROOF                        
  SPONSOR(S): SENATOR(S) HALFORD,Jacko,Kerttula,Miller,                        
  Frank,Pearce                                                                 
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  02/14/94      2831    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  02/14/94      2831    (S)   RES, FIN                                         
  03/02/94              (S)   RES AT 03:30 PM BUTROVICH                        
                              RM 205                                           
  03/03/94      3056    (S)   RES RPT  CS  3DP 4NR SAME TITLE                  
  03/03/94      3056    (S)   FISCAL NOTE TO SB & CS                           
                              PUBLISHED (LAW)                                  
  03/15/94              (S)   FIN AT 08:30 AM SENATE FINANCE                   
                              518                                              
  03/16/94      3240    (S)   FIN RPT  5DP 2NR (RES)CS                         
  03/16/94      3240    (S)   FISCAL NOTE TO CS PUBLISHED                      
                              (DPS)                                            
  03/16/94      3240    (S)   PREVIOUS FN APPLIES TO CS                        
                              (LAW)                                            
  03/16/94              (S)   RLS AT 00:00 AM FAHRENKAMP                       
                              ROOM 203                                         
  03/16/94              (S)   MINUTE(RLS)                                      
  03/16/94              (S)   FIN AT 09:00 AM SENATE FINANCE                   
                              518                                              
  03/24/94      3344    (S)   RULES TO CALENDAR  3CAL 2NR                      
                              3/24/94                                          
  03/24/94      3350    (S)   READ THE SECOND TIME                             
  03/24/94      3350    (S)   RES  CS ADOPTED UNAN CONSENT                     
  03/24/94      3350    (S)   AM NO  1 MOVED BY ADAMS                          
  03/24/94      3350    (S)   AM NO  1 FAILED  Y3 N12 E1 A4                    
  03/24/94      3351    (S)   ADVANCED TO THIRD READING                        
                              UNAN CONSENT                                     
  03/24/94      3351    (S)   READ THE THIRD TIME  CSSB                        
                              316(RES)                                         
  03/24/94      3351    (S)   PASSED Y13 N2 E1 A4                              
  03/24/94      3351    (S)   Kerttula  NOTICE OF                              
                              RECONSIDERATION                                  
  03/28/94      3379    (S)   RECON TAKEN UP - IN THIRD                        
                              READING                                          
  03/28/94      3380    (S)   PASSED ON RECONSIDERATION Y15                    
                              N4 E1                                            
  03/28/94      3380    (S)   TRANSMITTED TO (H)                               
  03/29/94      3037    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/29/94      3037    (H)   JUDICIARY, FINANCE                               
  04/15/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/16/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  SJR 39                                                                
  SHORT TITLE: RIGHT TO KEEP AND BEAR ARMS                                     
  SPONSOR(S): STATE AFFAIRS                                                    
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/10/94      2450    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  01/10/94      2450    (S)   STA, JUD, FIN                                    
  01/21/94              (S)   STA AT 09:00 AM BUTROVICH                        
                              RM 205                                           
  01/21/94              (S)   MINUTE(STA)                                      
  01/24/94      2579    (S)   STA RPT  2DP 1NR                                 
  01/24/94      2579    (S)   FISCAL NOTE PUBLISHED (GOV)                      
  01/29/94              (H)   MINUTE(STA)                                      
  02/04/94              (S)   JUD AT 01:30 PM BELTZ RM 211                     
  02/04/94              (S)   MINUTE(JUD)                                      
  02/07/94      2717    (S)   JUD RPT  4DP                                     
  02/07/94      2718    (S)   PREVIOUS FN (GOV)                                
  02/15/94      2858    (S)   FIN RPT  5DP 1NR                                 
  02/15/94      2858    (S)   ZERO FISCAL NOTE PUBLISHED                       
                              (DPS)                                            
  02/15/94      2858    (S)   PREVIOUS FISCAL NOTE  (GOV)                      
  02/15/94              (S)   FIN AT 09:00 AM SENATE FINANCE                   
                              518                                              
  02/16/94              (S)   MINUTE(JUD)                                      
  03/01/94              (S)   RLS AT 01:00 PM FAHRENKAMP                       
                              ROOM 203                                         
  03/01/94              (S)   MINUTE(RLS)                                      
  03/02/94      3029    (S)   RULES RPT  4CAL 1NR  3/2/94                      
  03/02/94      3032    (S)   READ THE SECOND TIME                             
  03/02/94      3032    (S)   ADVANCED TO THIRD READING                        
                              UNAN CONSENT                                     
  03/02/94      3032    (S)   READ THE THIRD TIME  SJR 39                      
  03/02/94      3034    (S)   (S) ADOPTED LETTER OF INTENT                     
                              Y15 N4 A1                                        
  03/02/94      3035    (S)   MOTION TO RETURN TO 2ND/AM 1                     
                              WITHDRAWN                                        
  03/02/94      3035    (S)   PASSED Y15 N5                                    
  03/02/94      3036    (S)   Duncan  NOTICE OF RECONSID                       
                              ERATION                                          
  03/03/94      3064    (S)   RECON TAKEN UP - IN THIRD                        
                              READING                                          
  03/03/94      3064    (S)   (S) ADOPTED LETTER OF INTENT                     
                              Y16 N3 E1                                        
  03/03/94      3065    (S)   PASSED ON RECONSIDERATION Y16                    
                              N3 E1                                            
  03/03/94      3066    (S)   TRANSMITTED TO (H)                               
  03/04/94      2597    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/04/94      2597    (H)   JUDICIARY, FINANCE                               
  04/15/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/16/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 94-59, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The House Judiciary Committee was called to order at 1:07                    
  p.m. on April 16, 1994.  There was no quorum present.                        
  Chairman Porter announced that the committee would take up                   
  SB 24 first, then SB 220, SB 322, SB 316, and CS SJR 39.                     
  The bills would be heard again on Monday, hopefully with a                   
  quorum, in order to take action.  Testimony on SB 316 and                    
  SJR 39 was heard via teleconference.                                         
  SB 24 - EXTEND MAXIMUM PERIOD OF PROBATION                                   
                                                                               
  Number 041                                                                   
                                                                               
  MICHAEL FINKELSTEIN, Legislative Aide to Senator Dave                        
  Donley, Prime Sponsor of SB 24, reported having received                     
  several letters of support and no letters in opposition of                   
  SB 24.  He explained that the bill simply extends probation                  
  from five to ten years.  The Sentencing Commission                           
  recommends this extension, which is part of Governor                         
  Hickel's anti-crime package.                                                 
                                                                               
  Number 055                                                                   
                                                                               
  CHAIRMAN PORTER asked Mr. Finkelstein to explain, for the                    
  record, what the benefit of the extension of time would be.                  
                                                                               
  MR. FINKELSTEIN replied that the judges would be given more                  
  discretion and other sentencing options.  They are limited                   
  to five years probation right now, and it would be a good                    
  option for judges to be able to increase that time, as                       
  opposed to longer prison sentences.                                          
                                                                               
  Number 069                                                                   
                                                                               
  REP. GAIL PHILLIPS questioned the zero fiscal note, since                    
  there must be costs involved, assuming the cost of                           
  controlling probation for ten years would be double that of                  
  five years.  She asked for a response from the Departments                   
  of Corrections and Public Safety.                                            
                                                                               
  Number 078                                                                   
                                                                               
  MR. FINKELSTEIN stated that there would be no increase in                    
  cost for the first five years during the implementation                      
  process, and after that, the fiscal impact would be hard to                  
  determine.  The cost could actually be less, since it may                    
  result in less people in jail.  The cost of probation may                    
  increase, but it might be offset by the lower cost of having                 
  fewer people in prison.                                                      
                                                                               
  Number 110                                                                   
                                                                               
  CHAIRMAN PORTER explained that this would only affect                        
  sentencing occurring after the law is enacted; and the daily                 
  costs of probation are minuscule compared to the daily cost                  
  of the alternative - incarceration.                                          
                                                                               
  Number 131                                                                   
                                                                               
  C.E. SWACKHAMMER, Deputy Commissioner, Department of Public                  
  Safety, answered Rep. Phillips' questions regarding costs to                 
  the Department of Public Safety.  He believed the costs                      
  would fall upon the Department of Corrections.  He explained                 
  that it makes more sense to maintain some amount of control                  
  after a person is released from prison, as opposed to                        
  starting the whole process over again.                                       
                                                                               
  Number 158                                                                   
                                                                               
  CHAIRMAN PORTER concluded the discussion on SB 24.                           
  Number 165                                                                   
                                                                               
  SB 220 - ADD "CAT" TO SCHEDULE IIA DRUG LIST                                 
                                                                               
  Number 178                                                                   
                                                                               
  JOHN QUEBBEMANN, Intern, Senator Johnny Ellis', Prime                        
  Sponsor of SB 220, urged the committee to support the bill                   
  including "CAP" and described the process of concocting                      
  illegal "designer" drugs, listing some of the ingredients.                   
  Mr. Quebbemann relayed that Senator Ellis would be in favor                  
  of the bill.                                                                 
                                                                               
  REP. JAMES asked if there was some way to change the                         
  statute, making similar concoctions illegal, if the intent                   
  was for mind altering drugs.                                                 
                                                                               
  CHAIRMAN PORTER, in discussion with DEP. COMM. SWACKHAMMER                   
  and JOHN QUEBBEMANN, brought up the fact that proof of                       
  intent for using the concoctions as drugs would be rather                    
  difficult, since some precursors are everyday household                      
  items obtained from hardware stores, such as battery acid                    
  and "Draino".                                                                
                                                                               
  CHAIRMAN PORTER then concluded the discussion of SB 220.                     
  Number 328                                                                   
                                                                               
  SB 322 - DELAYS OF OIL & GAS LEASE SALES                                     
                                                                               
  JERRY GALLAGHER, Director of the Division of Mining,                         
  Department of Natural Resources (DNR), stated that this bill                 
  was introduced by the Senate Resources Committee.  He                        
  explained that if the last two sentences were deleted from                   
  the current law, AS 38.05.180c, more flexibility would                       
  result.  This current law requires the department to                         
  complete oil and gas lease sales within 90 days of when they                 
  are put on a two year schedule.  If the sale is not                          
  completed within that 90 day period, it falls off the                        
  schedule and DNR is forced to start over.  Sometimes sales                   
  are delayed by court challenges.  In other instances, more                   
  time should be allowed for public comment.  He said SB 322                   
  deletes the last two sentences, allowing the program to run                  
  properly.  Mr. Gallagher assured the committee that DNR is                   
  in support of the bill, and urged them to move it out of                     
  committee when a quorum is present.                                          
                                                                               
  REP. PHILLIPS and MR. GALLAGHER discussed the importance of                  
  passing the bill, the lack of opposition, and the                            
  possibility of an immediate effective date.                                  
                                                                               
  Number 398                                                                   
                                                                               
  REP. JAMES speculated about the history of the statute.  She                 
  presumed the reason for the statute was so that the                          
  commissioner did, in fact, have these lease sales, and the                   
  opportunity for lease sales would not have been missed                       
  because of some delinquent or mislead commissioner; which                    
  has not proven to be the case.  She showed support for the                   
  bill, believing the intent, at the time the statute was                      
  written, was meant for problems that no longer exist.                        
                                                                               
  Number 418                                                                   
                                                                               
  MR. GALLAGHER agreed with Rep. James, reminding the                          
  committee of the "Mean Green" area of statute, stemming from                 
  the late 1970's when people feared that an evil green                        
  environmental commissioner would delay oil and gas sales.                    
  That has not happened and is not expected to become a                        
  problem, since the pressure to maintain the leasing program                  
  exists.                                                                      
                                                                               
  Number 427                                                                   
                                                                               
  CHAIR PORTER asked questions of Mr. Gallagher regarding                      
  bids, and requested clarification of what takes place in the                 
  current given 90 day period.  Chairman Porter then concluded                 
  the hearing on SB 322 and announced SB 316 to be the next                    
  bill up for hearing via teleconference.                                      
  Number 485                                                                   
                                                                               
  SB 316 - FISHING VIOLATIONS/FINES, BURDEN OF PROOF                           
                                                                               
  JIM BECKER, a Bristol Bay fisherman, expressed his concerns                  
  that the line in Bristol Bay is too restrictive, and the                     
  LORAN management of that line is unpredictable.  He said he                  
  has no problem with those people in extreme violation who                    
  are blatantly over the line, being heavily fined or having                   
  their boats taken away; but the unclear line gets in the way                 
  of the average fisherman just trying to make a living, as                    
  does a fine for setting nets a couple of minutes early.  A                   
  couple of those small violations should not result in                        
  someone losing their privilege to fish.                                      
                                                                               
  Number 530                                                                   
                                                                               
  CHAIRMAN PORTER asked DAVE THOMPSON from Senator Halford's                   
  office to describe the bill.                                                 
                                                                               
  Number 531                                                                   
                                                                               
  DAVE THOMPSON, Aide, Senator Rick Halford, Prime Sponsor of                  
  SB 316, explained the bill, saying that it amends an                         
  escalating schedule for suspension and for eventual                          
  forfeiture of commercial fishing privileges, as well as the                  
  license itself.  It amends 16.05.722 which doubles the                       
  potential maximum allowable fines.  It amends the elementary                 
  burden commercial fishermen must satisfy in order to rebut                   
  the presumption that fish found on board in the fishing                      
  vessel have been taken illegally.  Burden of proof has been                  
  increased from the preponderance of evidence to clear and                    
  convincing standard.  He said he finds the declining fine                    
  amounts for the 90 repeat offenders disturbing.  Mr.                         
  Thompson then proceeded to explain the difference between                    
  "preponderance of evidence" and "clear and convincing."                      
                                                                               
  Number 643                                                                   
                                                                               
  REP. PHILLIPS had concerns over the fluctuation of accuracy                  
  in the technological measuring devices.                                      
                                                                               
  Number 660                                                                   
                                                                               
  MR. THOMPSON agreed that the LORAN equipment does have                       
  calibration problems and is not always accurate.                             
                                                                               
  Number 681                                                                   
                                                                               
  REP. JAMES suggested charging repeat offenders a double                      
  fine, and discussed other types of fines and their affects                   
  on fishermen with MR. THOMPSON, and REP. PHILLIPS.  She                      
  expressed the need to come up with a fair compromise that                    
  would not deplete the livelihood of such an offender.                        
                                                                               
  CHAIRMAN PORTER then accepted oral testimony via                             
  teleconference, beginning with Anchorage.                                    
                                                                               
  Number 690                                                                   
                                                                               
  SAM DANIEL, an Anchorage commercial fisherman, opposed SB                    
  316.  He blamed the problem on the repeat offenders.  He                     
  urged lawmakers to consider some other means of enforcement                  
  rather than taking away fishing licenses, which results in                   
  the fishermen losing their operations if they are to be out                  
  of business for a year.  He felt the bill is not an                          
  effective management tool.                                                   
                                                                               
  Number 804                                                                   
                                                                               
  JACK FOSTER from Sand Point strongly opposed the bill.                       
                                                                               
  Number 836                                                                   
                                                                               
  DAVID WHITMIRE, a fisherman from Homer, strongly opposed the                 
  bill, informing listeners that those 90 violations received                  
  by repeat offenders was a small amount, considering the                      
  number of permits that were issued (2850), and also                          
  considering the number of opportunities each permit holder                   
  has to commit such violations.                                               
                                                                               
  TAPE 94-59, SIDE B                                                           
  Number 000                                                                   
                                                                               
  REP. JAMES commented that this was not a black and white                     
  situation.                                                                   
                                                                               
  Number 012                                                                   
                                                                               
  GIOVANNI TALLINO, President, Kodiak Island Sport                             
  Association, which has over 400 members, urged the committee                 
  to let the people vote on SJR 39 (wrong bill).                               
                                                                               
  Number 060                                                                   
                                                                               
  WILLIAM WOOD, Palmer, strongly supported SB 316.                             
                                                                               
  Number 092                                                                   
                                                                               
  DAN HASTINGS, a commercial fisherman in Kenai, opposed the                   
  bill, feeling that the penalties would be too stiff for the                  
  offense.                                                                     
                                                                               
  Number 155                                                                   
                                                                               
  [INAUDIBLE NAME], a 20 year Bristol Bay fisherman, believed                  
  the bill to condemn people to being guilty until proven                      
  innocent, and also has the potential of taking away the                      
  livelihood of fishermen.                                                     
                                                                               
  Number 200                                                                   
                                                                               
  KONRAD SCHAAD, Homer fisherman, spoke in opposition to the                   
  bill he described as being short-sided, specifically with                    
  the use of the LORAN, a unit which is supposed to be                         
  accurate (or inaccurate) up to 200 meters, depending upon                    
  the weather.  He claimed that there is a gray zone in which                  
  fishing violations are issued.  Mr. Schaad strongly believed                 
  that the real problem was lack of boundary definition and                    
  suggested creating a line made up of physical buoys.                         
                                                                               
  Number 277                                                                   
                                                                               
  REP. PHILLIPS acknowledged KONRAD SCHAAD'S line suggestion                   
  as being a reasonable solution.                                              
                                                                               
  Number 296                                                                   
                                                                               
  ROSELEEN (SNOOKS) MOORE, Homer, said she has fished                          
  commercially for 34 years and expressed concerns about the                   
  militaristic attitude of the Fish & Game officers, and also                  
  about the fact that fishermen sometimes feel compelled to                    
  take action that may jeopardize their lives, just to avoid a                 
  fine.                                                                        
                                                                               
  Number 343                                                                   
                                                                               
  INGRID JACOBSEN, Sand Point commercial fisherman of 15                       
  years,  opposed the bill which appears to presume offenders                  
  guilty until proven innocent.  Ms. Jacobsen objected,                        
  specifically, to the language "clear and convincing burden                   
  of proof."                                                                   
                                                                               
  Number 388                                                                   
                                                                               
  DAN HENNICK, Homer, a 38 year commercial fisherman,                          
  suggested giving Public Safety more funding to better                        
  enforce existing laws.  He objected to increasing fines and                  
  believed most violations to be unintentional, not                            
  deliberate.                                                                  
                                                                               
  Number 450                                                                   
                                                                               
  ALVIN OSTERBACK, Mayor of the City of Sand Point, viewed the                 
  bill as being backwards regarding "innocent until proven                     
  guilty."                                                                     
                                                                               
                                                                               
  Number 515                                                                   
                                                                               
  GERALD McCUNE, Juneau, testified on behalf of the United                     
  Fishermen of Alaska in opposition to SB 316.  He gave                        
  examples where "preponderance of evidence" was used to issue                 
  violations against fishermen while he believed "clear and                    
  convincing evidence" would have been a more fair scale of                    
  judgement.  He suggested the committee consider an interim                   
  task force.                                                                  
                                                                               
  Number 572                                                                   
                                                                               
  HUGH MALONE, Lobbyist, testified on behalf of the Kenai                      
  Peninsula Fishermen's Association, who oppose SB 316.                        
                                                                               
  Number 598                                                                   
                                                                               
  LOUIS MENENDEZ, Assistant District Attorney in Juneau,                       
  stated that he has quite a bit of experience in Kenai and                    
  Anchorage prosecuting fish and game cases, and working with                  
  fish and game protection officers.  He suggested that                        
  perhaps a better way to deal with this problem would be to                   
  increase enforcement, not fines.  He believed this complex                   
  issue requires more evaluation before passing the bill.                      
                                                                               
  Number 693                                                                   
                                                                               
  REP. PHILLIPS, REP. JAMES and MR. MENENDEZ discussed the                     
  need for either more enforcement officers on the line, or                    
  the establishment of a physical boundary line.  Mr. Menendez                 
  displayed lack of faith in the idea of increasing the fines.                 
                                                                               
  Number 799                                                                   
                                                                               
  CHAIRMAN PORTER and MR. MENENDEZ discussed the legal                         
  definition of acting "negligently."                                          
                                                                               
  Number 828                                                                   
                                                                               
  REP. JAMES expressed distress over the feeling that any                      
  amount of enforcement would not stop the fishermen from                      
  violating the regulations.                                                   
                                                                               
  TAPE 94-60, SIDE A                                                           
  Number 000                                                                   
                                                                               
  COLONEL BILL VALENTINE, Director, Division of Fish and                       
  Wildlife Protection, Department of Public Safety, agreed                     
  with Mr. Menendez that it would be nice to have a protection                 
  officer behind every bush out at Bristol Bay, but he                         
  believed it was not meant to be.  He said that Fish & Game                   
  supports the bill.  He believed that whatever they do will                   
  not provide a deterrent.  The fishermen violate regulations                  
  right in front of the Fish & Game officers while they are                    
  working on other cases.  The officers cannot keep up, no                     
  matter how many people they put on the line.  He explained                   
  that this bill allows for a judge to take action to suspend                  
  a permit after the second offense, which may deter some from                 
  deliberate violations.                                                       
                                                                               
  Number 031                                                                   
                                                                               
  CHAIRMAN PORTER agreed that SB 316 not only raises the fine                  
  to add a deterrent, but at the same time changes the                         
  standards of proof on these presumptive areas from                           
  preponderance of the evidence to clear and convincing.                       
                                                                               
  Number 107                                                                   
                                                                               
  COLONEL VALENTINE made comments about a great deal of                        
  testimony being made regarding the doubling of fines.  He                    
  said the only place that a maximum penalty case occurs is in                 
  Bristol Bay, which costs $3,000 on the first offense.                        
  Places like Southeastern and the YK-Delta charges run from                   
  $100 to $1,000, depending upon the magistrate, the judge, or                 
  the recommendation of the Department of Law.  Maximum                        
  penalties for violations are not currently requested from                    
  the court by the Department of Public Safety.                                
                                                                               
  Number 139                                                                   
                                                                               
  REP. PHILLIPS spoke about the fact that it is probably                       
  physically possible to mark the line and requested an                        
  opinion of COLONEL VALENTINE.                                                
                                                                               
  Number 147                                                                   
                                                                               
  COLONEL VALENTINE replied that after having spent 23 years                   
  as a "fish cop" and having spent one year as a commercial                    
  fisherman, he thinks that a physical line would be the best                  
  solution; especially in a fishery as intense and short                       
  served as Bristol Bay is.  If the line were to move around a                 
  little, so be it, the line would be defined where it is                      
  marked, and would not be subject to the jitter of the LORAN,                 
  nor sun spots.                                                               
                                                                               
  Number 150                                                                   
                                                                               
  REP. PHILLIPS spoke in favor of clearly marking the line.                    
                                                                               
  Number 155                                                                   
                                                                               
  CHAIRMAN PORTER concluded the discussion of SB 316, followed                 
  by a short break.                                                            
                                                                               
  Number 200                                                                   
                                                                               
  REP. PHILLIPS requested that the Department of Law be                        
  present for comment and question when the bill was brought                   
  back up on Monday; and she also requested that the hearing                   
  be heard via teleconference.                                                 
                                                                               
  CHAIRMAN PORTER concurred.                                                   
                                                                               
  Number 210                                                                   
                                                                               
  DAVID OSTERBACK from Sand Point was not in favor of the                      
  bill, as he said it threatens the livelihood of many                         
  fishermen.                                                                   
                                                                               
  CHAIRMAN PORTER reminded meeting attenders that SB 316 would                 
  be heard again on Monday.  He then continued on to SJR 39.                   
  Number 252                                                                   
                                                                               
  SJR 39 - RIGHT TO KEEP AND BEAR ARMS                                         
                                                                               
  CHAIRMAN PORTER announced that a copy of the CS was                          
  currently being circulated throughout the legislative                        
  offices, and asked PORTIA BABCOCK to present SJR 39 and                      
  describe the CS.                                                             
                                                                               
  Number 287                                                                   
                                                                               
  PORTIA BABCOCK, Committee Aide to the Senate State Affairs                   
  Committee, explained that SJR 39 was introduced by the                       
  Senate State Affairs Committee from numerous requests that                   
  it be passed through the legislature so that it could be                     
  voted on in the 1994 general election.  She said this idea                   
  has been an issue, primarily since 1983, when an attorney                    
  general's opinion was written by JOE GELDHOFF, which sort of                 
  set off a lot of Alaskans, making them uneasy, because the                   
  opinion interpreted exactly what Article 1, Section 19                       
  means.                                                                       
                                                                               
  MS. BABCOCK said at this time there is no Alaska supreme                     
  court interpretation of exactly what Article 1, Section 19,                  
  means, because it has never been challenged and has never                    
  been considered by the supreme court.  She stated this                       
  clarification is strongly supported by Senator Leman, who                    
  wished to apologize for not introducing it himself.  He                      
  would encourage passage of as clear and concise language as                  
  can possibly be put before the voters so they can understand                 
  exactly what they would be voting on, and also to keep in                    
  line with fairly clear, direct language in the constitution.                 
                                                                               
  MS. BABCOCK said SJR 39 passed out of the Senate with a vote                 
  of 16 to 3.  The bill presently before the House Judiciary                   
  Committee clarifies an individual right to keep and bear                     
  arms. Ms. Babcock said it is the opinion of Senator Leman                    
  and many others throughout the state that Article 1, Section                 
  19, as is, right now, with what is identical to the second                   
  amendment of the federal constitution, does currently                        
  guarantee an individual right to keep and bear arms.  This                   
  should guarantee that right, in Senator Leman's opinion, as                  
  well as in many others', (including the supreme court's) in                  
  cases in the late 1800's and up into the 1930's, which is                    
  the last time the federal supreme court actually heard a                     
  case involving the second amendment.  At that time, the                      
  supreme court's interpretation was that this is a state, as                  
  well as an individual right or protection, for individuals                   
  to bear arms, and challenges to that at lower court levels,                  
  or the interpretations of attorneys, attorney generals, and                  
  other opinions, but it has never been viewed differently at                  
  the court or supreme court level.  With no state supreme                     
  court case law to look at, it is difficult to decide what                    
  our supreme court would do.  No one really knows how they                    
  would interpret it, or what they think Article 1, Section                    
  19, actually means.  Some cases have been brought up by our                  
  own Department of Law in reference to other cases in other                   
  states.  Their concern is that passing this amendment will                   
  somehow abrogate laws that are currently on the books or                     
  that may be in the future.                                                   
                                                                               
  MS. BABCOCK said Senator Leman does not believe that to be                   
  true.  He believes this should change absolutely nothing,                    
  because the way the second amendment reads right now, in our                 
  current language, it does guarantee the individual right to                  
  keep and bear arms.  With a compelling government or state                   
  interest, laws have been upheld under language very similar                  
  to this language proposed in SJR 39, as well as under more                   
  strict language, as in our current constitution; and also,                   
  more strict and explicit constitutions are found in other                    
  states.  Laws have been consistently upheld, regulating                      
  felon and possession laws, prohibiting minors and juveniles                  
  from being able to possess weapons up to a certain age, not                  
  allowing weapons or firearms on school grounds or in                         
  schools.  A lot of these have been challenged and they have                  
  been upheld.                                                                 
                                                                               
  MS. BABCOCK said the only case where the felon and                           
  possession law was partially upheld and partially struck                     
  down was in Colorado.  Their constitutional language was                     
  more explicit than what is being proposed in SJR 39.  That                   
  language states "the right of no person to keep and bear                     
  arms in defense of his home, person, or property or in aid                   
  of a civil power, when adhered to a legal setting, shall be                  
  called into question."  And so it is strictly stated that                    
  the person has the right to defend themselves, to keep and                   
  bear arms in defense of self, home, family and state.  The                   
  only time it was a question was when the court ruled that                    
  someone who had been convicted of a felony had been released                 
  and was back out, not on parole,  and it was illegal for                     
  them to possess a firearm in the state of Colorado.  The                     
  court said, "You can possess a firearm if it is an                           
  affirmative defense for them to prove they were in                           
  possession of that weapon to defend themselves, their                        
  family, home or state; but they did uphold the felon                         
  possession law.  That is the only case.  It has been                         
  challenged in other states and they have all been upheld.                    
                                                                               
  MS. BABCOCK said that Senator Leman, as well as most of the                  
  people she has heard testimony from (which is about 1500                     
  people statewide and thousands of letters and petitions -                    
  she has a box of petitions that she chose not to distribute                  
  because she didn't want to waste the paper), and she has                     
  over 8,600 signatures in support of SJR 39 as well as HB 351                 
  (they are both on the petition).  So, in the opinion of                      
  Senator Leman, this should have no affect on how a court                     
  would interpret this, and the language we currently have                     
  already protects the individual right.  And most people feel                 
  very secure with that.  It was only after this opinion was                   
  written in 1983 that they started questioning whether they                   
  actually had an individual right to bear arms under Article                  
  1, Section 19, of our state constitution as well as the                      
  federal constitution, second amendment.  When that was                       
  brought into question, people wanted this clarified to say,                  
  "This is what we think it means.  We want to be able to vote                 
  on this, and tell the courts very clearly what we mean and                   
  what we think the constitutional language for the right to                   
  keep and bear arms means and want the chance to vote on                      
  that."  That was the reason for introducing SJR 39.  Ms.                     
  Babcock then announced that she would be willing to answer                   
  questions or address the CS.                                                 
                                                                               
  Number 415                                                                   
                                                                               
  REP. PHILLIPS requested an analysis between the two be made                  
  by Ms. Babcock.                                                              
                                                                               
  Number 420                                                                   
                                                                               
  MS. BABCOCK explained that the proposed judicial CS would                    
  change the title, first of all.  On line 4 of the title, it                  
  inserts "unreasonably", and then on line 5 after "state" it                  
  adds the last 2-1/2 sentences of language:  "and                             
  establishing that the expanded right to keep and bear arms                   
  does not change the level of judicial scrutiny applicable to                 
  the review laws relating to reference."  She said that                       
  changes the title.                                                           
                                                                               
  Number 435                                                                   
                                                                               
  REP. PHILLIPS requested that Ms. Babcock address that                        
  language and Senator Leman's feeling on the subject.                         
                                                                               
  Number 440                                                                   
                                                                               
  MS. BABCOCK explained that on page 2 similar change is on                    
  lines 3, 4 and 5.  Senator Leman opposes this change, as                     
  well as the other changes, seeing a problem with setting a                   
  bench mark for courts to try and interpret in the future,                    
  because there is no judicial level of scrutiny of weapons                    
  laws to look at right now.  The level of scrutiny the court                  
  will use is almost impossible to judge when there are no                     
  cases to look at, and nothing by which to set a bench mark.                  
  People who are going in to vote on this would have no idea                   
  what this means.  She does not think this bill is necessary,                 
  since there is nothing to look back on to understand what                    
  exactly this means.  The supreme court is going to look at                   
  the constitutional language, and they are going to decide                    
  whether these laws are constitutional or not, based on their                 
  interpretation of the law, and under the constitution.  She                  
  does not think this gives them enough guidance from the                      
  legislature for them to understand what we are talking                       
  about.  The language is not clear to the voter.  The bill is                 
  not written as an absolute.                                                  
                                                                               
  Number 493                                                                   
                                                                               
  CHAIRMAN PORTER asked Ms. Babcock, if the bill is written as                 
  "not an absolute," why would it be offensive to add the one                  
  word that would guarantee that it is not an absolute?                        
                                                                               
  Number 508                                                                   
                                                                               
  MS. BABCOCK explained that the reason most people, as well                   
  as the Senator, would find the word "unreasonably" to be                     
  unnecessary, is that they are worried about the courts using                 
  that word unreasonably to mean any law that has any positive                 
  justification, rather than proving a compelling governmental                 
  interest.  She said, we do want high standards.  People that                 
  believe we do have the right to keep and bear arms have a                    
  philosophical constitutional right to keep and bear arms, as                 
  law abiding citizens.  What they are worried about, is that                  
  the word "unreasonably" is a term that they feel could be                    
  abused by the court.                                                         
                                                                               
  Number 520                                                                   
                                                                               
  CHAIRMAN PORTER said that Deputy Commissioner Swackhammer                    
  would explain the other side to that point of view.                          
                                                                               
  Number 522                                                                   
                                                                               
  REP. JAMES asked MS. BABCOCK whether or not other states                     
  have this particular language in their constitutions.                        
                                                                               
  Number 530                                                                   
                                                                               
  MS. BABCOCK responded affirmatively.  She said the two                       
  states have very similar language, which is also very                        
  similar to language already in our constitution.                             
                                                                               
  Number 620                                                                   
                                                                               
  C.E. SWACKHAMMER, Deputy Commissioner, Department of Public                  
  Safety, said the department agrees with the idea of the                      
  right to bear arms, yet they are trying to predict how the                   
  supreme courts will interpret the language.                                  
                                                                               
  Number 663                                                                   
                                                                               
  CHAIRMAN PORTER asked Dep. Comm. Swackhammer to discuss the                  
  standard of review suggested in the CS.                                      
                                                                               
  DEP. COMM. SWACKHAMMER understood the level of judicial                      
  scrutiny as having to do with the compelling state's                         
  interest.  They believe that the proposed language in the                    
  title will not change that level of review.                                  
                                                                               
  Number 672                                                                   
                                                                               
  REP. JAMES and REP. PHILLIPS interjected thoughts proposing                  
  the idea that, perhaps, changing this language, in effect,                   
  changes nothing.  If it is upheld by the federal                             
  constitution; i.e., if a case went to supreme court, it                      
  would then be subject to the federal language anyway.                        
                                                                               
  Number 710                                                                   
                                                                               
  CHAIRMAN PORTER explained that the interpretation of this                    
  amendment would not go to the supreme court, unless a                        
  federal issue is involved.  It would stop at the state                       
  supreme court, who would have ultimate jurisdiction.  He                     
  said he could not imagine a case of this nature being a                      
  federal issue; therefore the case would not go to the                        
  federal level.  He then described the three general                          
  standards of review used by the supreme courts when looking                  
  at due process considerations, which are:  1) the Compelling                 
  Interest Standard, which basically means that this is the                    
  highest standard of review, when related to the individual's                 
  right versus the state's right.  Under this standard, the                    
  court has to establish that the state has compelling                         
  interest in this field in order to impact an individual's                    
  right;  2) the Rational Basis Standard, which says, "If the                  
  state can show any rational basis for this infringement,                     
  then it is legal, and then the individual's right is gone;                   
  and 3) the Sliding Scale Basis (which is what Alaska's                       
  supreme court has adopted) which balances off the compelling                 
  interest versus the rational basis, making a decision in the                 
  middle.  What this provision says is that we are telling the                 
  supreme court we like the fact that you are going to make                    
  decisions in the middle, and we do not want to change that.                  
  If the original version is adopted, this will  tell the                      
  supreme court to use a higher standard of review than they                   
  are currently using.  The testimony stating that this would                  
  confuse the supreme court is not exactly an appropriate                      
  characterization.                                                            
                                                                               
  Number 745                                                                   
                                                                               
  REP. JAMES suggested that it appears the title, where it                     
  says that "establishing the expanded right" (and she was of                  
  the opinion that the committee was wanting to just restate                   
  the existing right) that if the language were left the way                   
  it is in the original bill, and the second part were put in                  
  there, then it would do more to meet their needs than it                     
  does now with the change, because she did not think that                     
  when "unreasonably" is put in there that it does change it.                  
                                                                               
  REP. JAMES said that it is expanded, it is an expanded                       
  right, and that is the problem.  She said, we are not trying                 
  to expand the right, we are trying to just assert the right                  
  that we think we already have.  We can talk about this at a                  
  later time when we have the Department of Law here.                          
                                                                               
  Number 750                                                                   
                                                                               
  CHAIRMAN PORTER responded that, as was testified to right                    
  now, the only law in the books is the attorney general's                     
  opinion that says there is no individual right to keep and                   
  bear arms in the state of Alaska.  Consequently, he said, we                 
  are recognizing that when we say we are expanding that, and                  
  we would like to expand that to recognize the individual                     
  right to keep and bear arms.                                                 
                                                                               
  Number 760                                                                   
                                                                               
  REP. PHILLIPS asked which attorney general wrote the                         
  opinion, and when.                                                           
                                                                               
  MS. BABCOCK replied that it was Joe Geldhoff who wrote the                   
  opinion in 1983, which is only that -- an opinion; it has                    
  absolutely no authority at all.                                              
                                                                               
  Number 764                                                                   
                                                                               
  CHAIRMAN PORTER said that we need to remember that the                       
  attorney general's opinion is in effect until it is                          
  superseded by law, or challenged.                                            
                                                                               
  CHAIRMAN PORTER asked for teleconference testimony.                          
                                                                               
  Number 777                                                                   
                                                                               
  W.J. HALLERAN, JR., via teleconference from Anchorage, spoke                 
  out in favor of passing SJR 39.                                              
                                                                               
  Number 787                                                                   
                                                                               
  DAN DAVIS, of Delta Junction, urged the committee members to                 
  promote the bill.                                                            
                                                                               
  Number 804                                                                   
                                                                               
  GENE OTTENSTROER, of Delta Junction, agreed with SJR 39,                     
  except for the clause about a regulated militia.                             
                                                                               
  Number 807                                                                   
                                                                               
  JOE SCHOENER, North Pole, expressed belief that the word                     
  unreasonably neutralizes the bill... (continued on other                     
  side of tape)                                                                
                                                                               
  TAPE 94-60, SIDE B                                                           
                                                                               
  ...and the bill needs to stay in its original form.                          
                                                                               
  Number 009                                                                   
                                                                               
  LADD McBRIDE, Fairbanks, expressed concerns over the third                   
  rescheduling of the teleconference.  He spoke in favor of                    
  passing SJR 39 in its original form and keeping it simple.                   
  If the commissioner is for it, he said, he is against it.                    
                                                                               
  Number 041                                                                   
                                                                               
  CHAIRMAN PORTER apologized for the inconvenience of                          
  rescheduling the meeting and explained the reason for the                    
  rescheduling (committee members were called to the floor).                   
                                                                               
  Number 049                                                                   
                                                                               
  CLARENCE BAYSINGER, Fairbanks, spoke in favor of SJR 39                      
  without the CS.                                                              
                                                                               
  Number 077                                                                   
                                                                               
  FRANK TURNEY of Fairbanks showed support of passing the bill                 
  without the CS.                                                              
                                                                               
  Number 110                                                                   
                                                                               
  ROBERT ANDERSON of Kodiak supported the bill in its original                 
  form, feeling skeptical of the word "unreasonably" which he                  
  felt leaves the bill open to too much interpretation.                        
                                                                               
  Number 158                                                                   
                                                                               
  MARK CHRYSON, State Field Coordinator of Gun Owners of                       
  America, Wasilla, was in favor of SJR 39 in its original                     
  form, believing that the word "unreasonably" will create                     
  unreasonable voters in the reelection.                                       
                                                                               
  Number 173                                                                   
                                                                               
  DOUG MILLARD, Wasilla, supported the bill without the word                   
  "unreasonably."                                                              
                                                                               
  Number 200                                                                   
                                                                               
  MIKE CHRYST of Wasilla, President of [inaudible] ... Against                 
  Government [inaudible], said he comes in contact with                        
  hundreds of people.  Of those people, nobody is in                           
  opposition to the bill, but they do oppose the term                          
  "unreasonably."                                                              
                                                                               
  Number 232                                                                   
                                                                               
  LOUIE MARCH of Seward supported passing SJR 39 in its                        
  original form, feeling it should be voted on by the people.                  
  He also thought that the "federal government" should be                      
  added to Article 1, Section 19, line 11, where the bill                      
  states that, "The individual right to keep and bear arms                     
  shall not be denied or infringed upon by the State or a                      
  political subdivision of the State."                                         
                                                                               
  Number 310                                                                   
                                                                               
  HELEN MARCH, Seward, spoke in support of SJR 39 in its                       
  original form.                                                               
                                                                               
  Number 320                                                                   
                                                                               
  DANIEL FICKLE, Seward, spoke in support of passing SJR 39 in                 
  its original form, and putting it up for the people to vote                  
  on.                                                                          
                                                                               
  Number 330                                                                   
                                                                               
  WESLEY J. JONES' testimony was read by LOUIE MARCH via                       
  teleconference from Seward, which consisted of a three page                  
  document written by J. Neil Schulman entitled, "English                      
  Usage Expert Interprets 2nd Amendment."  Basically, this                     
  article grammatically dissects a particular sentence,                        
  proving the interpretation of the sentence to have only one                  
  absolute meaning, as long as the reader has full                             
  understanding of proper English usage.                                       
                                                                               
  MR. JONES' point was, though the intent of the wording in                    
  the bill is clear, unfortunately, many people do not fully                   
  understand English construction and usage, therefore                         
  language to clarify the meaning of the current state                         
  provision would be advantageous to those people.                             
  Number 389                                                                   
                                                                               
  MR. JONES supported moving SJR 39 out of committee.                          
                                                                               
  Number 390                                                                   
                                                                               
  ROBERT WISEMAN, Soldotna, supported the bill excluding the                   
  CS, having fears that the bill would make him subservient to                 
  those that would disarm him.  He believed SJR 39 would                       
  alleviate some of those fears.  It would allow a lot of                      
  people to send a message that the law-abiding citizens of                    
  Alaska believe very strongly in these basic rights.                          
                                                                               
  Number 420                                                                   
                                                                               
  ROBERT MEYER, Sterling, supported the bill excluding the CS,                 
  in order to protect citizens' rights against a tyrannical                    
  government.                                                                  
                                                                               
  Number 448                                                                   
                                                                               
  RAY HALLEY of Valdez supported the bill, excluding the CS.                   
                                                                               
  Number 470                                                                   
                                                                               
  DON CHASE of Valdez supported the bill without the CS.                       
                                                                               
  Number 500                                                                   
                                                                               
  LARRY PETTY of Fairbanks supported the bill without the CS.                  
                                                                               
  Number 514                                                                   
                                                                               
  CHAIRMAN PORTER defended insertion of the word                               
  "unreasonably", stating that it is a word that is in the                     
  fourth amendment, addressing reasonable searches and                         
  seizures, and it is a word that is a derivative of the                       
  supreme court, and there is quite a bit of case law on it.                   
  He does not think it is something that would take anybody by                 
  surprise.  Chairman Porter said that if people feel secure                   
  against "unreasonable searches and seizures", the                            
  "unreasonable" infringement of your firearm should not be                    
  too much of a detriment.                                                     
                                                                               
  Number 523                                                                   
                                                                               
  CHUCK SERRA, a Viet Nam combat veteran, via teleconference                   
  in Anchorage, wanted the committee to pass the bill in its                   
  original form so people can vote on the issue.                               
                                                                               
  Number 570                                                                   
                                                                               
  NEIL CAMERON, Anchorage, spoke in support of SJR 39.                         
                                                                               
  Number 590                                                                   
                                                                               
  SALLY CHRYST of Wasilla supported SJR 39, excluding the CS.                  
  She also complained of the unreasonable amount of time she                   
  had to wait to testify.                                                      
                                                                               
  Number 593                                                                   
                                                                               
  CHAIRMAN PORTER apologized for her waiting to testify.  He                   
  explained that he reasonably tried to read the list of those                 
  wishing to testify, and she was not on the list.  He asked                   
  if there were any others wishing to testify who were                         
  unreasonably omitted.                                                        
                                                                               
  Number 600                                                                   
                                                                               
  JEANNE PHIPPS, Delta Junction, supported the bill, excluding                 
  the word "unreasonably."                                                     
                                                                               
  Number 630                                                                   
                                                                               
  LEON CHYTHLOOK of Soldotna spoke in support of the bill,                     
  excluding the CS.                                                            
                                                                               
  Number 648                                                                   
                                                                               
  NEIL CAMERON, Anchorage, spoke again, this time complaining                  
  of the lack of allowance of testimony via teleconference, in                 
  general.                                                                     
                                                                               
  Number 675                                                                   
                                                                               
  CHAIRMAN PORTER apologized once again, explaining that the                   
  constitution limits the amount of time the legislature can                   
  meet, resulting in the committee meetings being allowed a                    
  limited amount of teleconference time.                                       
                                                                               
  CHAIRMAN PORTER also explained that the goal of the                          
  committee is to obtain as much public testimony as possible                  
  in the limited time allotted, and expressed appreciation to                  
  Mr. Cameron for his testimony this time.                                     
                                                                               
  CHAIRMAN PORTER concluded the hearing, scheduling resolution                 
  of the hearing on Monday, April 18.  He said it would be a                   
  "listen only" teleconference meeting.                                        
                                                                               
  Number 692                                                                   
                                                                               
  CHUCK SERRA, Anchorage, spoke again, this time commending                    
  Chairman Porter for hearing this bill and expressed hopes of                 
  it moving out.  He also commended Chairman Porter for                        
  getting SJR 39 heard.                                                        
                                                                               
  The House Judiciary Committee was adjourned at 4:25 p.m.                     

Document Name Date/Time Subjects