04/01/2009 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB201 | |
| HB153 | |
| HB13 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 153 | TELECONFERENCED | |
| *+ | HB 201 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 13 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 1, 2009
1:05 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Chair
Representative Nancy Dahlstrom, Vice Chair
Representative John Coghill
Representative Carl Gatto
Representative Bob Lynn
Representative Max Gruenberg
MEMBERS ABSENT
Representative Lindsey Holmes
COMMITTEE CALENDAR
HOUSE BILL NO. 201
"An Act relating to the expiration date of a concealed handgun
permit."
- MOVED CSHB 201(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 153
"An Act exempting municipal boards, committees, commissions, or
other similar bodies from the requirements of conducting
meetings open to the public when a meeting is administrative or
managerial in nature; and amending the definition of 'meeting'
as it relates to public governmental meetings."
- MOVED CSHB 153(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 13
"An Act relating to property crimes."
- MOVED HB 13 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 201
SHORT TITLE: CONCEALED HANDGUN PERMITS
SPONSOR(S): REPRESENTATIVE(S) JOHNSON
03/23/09 (H) READ THE FIRST TIME - REFERRALS
03/23/09 (H) JUD
04/01/09 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 153
SHORT TITLE: OPEN MEETINGS: EXCEPTION AND DEFINITION
SPONSOR(S): COMMUNITY & REGIONAL AFFAIRS BY REQUEST
02/25/09 (H) READ THE FIRST TIME - REFERRALS
02/25/09 (H) CRA, JUD
03/03/09 (H) CRA AT 8:00 AM BARNES 124
03/03/09 (H) Heard & Held
03/03/09 (H) MINUTE(CRA)
03/12/09 (H) CRA AT 8:00 AM BARNES 124
03/12/09 (H) Moved CSHB 153(CRA) Out of Committee
03/12/09 (H) MINUTE(CRA)
03/13/09 (H) CRA RPT CS(CRA) NT 2DP 5NR
03/13/09 (H) DP: HERRON, MUNOZ
03/13/09 (H) NR: CISSNA, MILLETT, HARRIS, KELLER,
GARDNER
04/01/09 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 13
SHORT TITLE: PROPERTY CRIMES
SPONSOR(S): COGHILL
01/20/09 (H) PREFILE RELEASED 1/9/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) JUD, FIN
02/18/09 (H) JUD AT 1:00 PM CAPITOL 120
02/18/09 (H) Heard & Held
02/18/09 (H) MINUTE(JUD)
03/02/09 (H) JUD AT 1:00 PM CAPITOL 120
03/02/09 (H) Heard & Held
03/02/09 (H) MINUTE(JUD)
04/01/09 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
REPRESENTATIVE CRAIG JOHNSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 201.
JEANNE OSTNES, Staff
Representative Craig Johnson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Assisted with the presentation of HB 201 on
behalf of the sponsor, Representative Johnson.
MICK MANNS
Bettles Field, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 201.
JACK McMANUS
Fairbanks, Alaska
POSITION STATEMENT: His testimony regarding HB 201 was read by
Mick Manns.
JANE W. PIERSON, Staff
Representative Jay Ramras
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 153 on behalf of the House
Community and Regional Affairs Standing Committee, sponsor by
request.
A. RENE BROKER, Attorney
Fairbanks North Star Borough (FNSB)
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 153.
LUKE HOPKINS, Member
Fairbanks North Star Borough Assembly
Fairbanks North Star Borough (FNSB)
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 153, Version S.
RONALD ILLINGWORTH, District Chair
Twenty-three Mile Slough Road Service Area
Rural Services Division
Fairbanks North Star Borough (FNSB)
Fairbanks, Alaska
POSITION STATEMENT: Testified in Support of HB 153.
KATHIE WASSERMAN, Executive Director
Alaska Municipal League (AML)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 153.
DOUG WOOLIVER, Administrative Attorney
Administrative Staff
Office of the Administrative Director
Alaska Court System (ACS)
Anchorage, Alaska
POSITION STATEMENT: Responded to a question during discussion
of HB 13.
ACTION NARRATIVE
1:05:13 PM
CHAIR JAY RAMRAS called the House Judiciary Standing Committee
meeting to order at 1:05 p.m. Representatives Ramras,
Dahlstrom, Coghill, and Gatto were present at the call to order.
Representatives Lynn and Gruenberg arrived as the meeting was in
progress.
HB 201 - CONCEALED HANDGUN PERMITS
1:05:29 PM
CHAIR RAMRAS announced that the first order of business would be
HOUSE BILL NO. 201, "An Act relating to the expiration date of a
concealed handgun permit."
1:05:39 PM
REPRESENTATIVE CRAIG JOHNSON, Alaska State Legislature, sponsor,
relayed that HB 201 would provide that a person's permit to
carry a concealed handgun would expire on [the person's birthday
in the fifth year following issuance of the permit]; that a
constituent had first suggested to him that the department ought
to notify permit holders that their permits were about to
expire, but doing so would have resulted in a substantial fiscal
note; and that the bill constitutes a compromise.
1:07:13 PM
JEANNE OSTNES, Staff, Representative Craig Johnson, Alaska State
Legislature, mentioned on behalf of the sponsor, Representative
Johnson, that members' packets contain information regarding
existing regulations and the various costs of [the handgun
safety courses] offered around the state, and a copy of both the
initial application and the renewal application.
REPRESENTATIVE JOHNSON surmised that since a permit is not
required in Alaska, the bill is primarily for those who desire a
permit for purposes of reciprocity with other states.
MS. OSTNES added that 34 states recognize Alaska's permit and 15
states do not.
REPRESENTATIVE JOHNSON, in response to a question, offered his
understanding that Alaska's permit would not be valid in either
Canada or Mexico.
REPRESENTATIVE JOHNSON then directed members' attention to what
would become Amendment 1, labeled 26-LS0683\R.1, Luckhaupt,
4/1/09, which read:
Page 1, line 5:
Delete "license"
Insert "permit"
CHAIR RAMRAS offered his understanding that the Department of
Public Safety (DPS) supports HB 201.
1:10:46 PM
MICK MANNS relayed that he is a former deputy sheriff and a
former police officer, and indicated that he had a "concealed
carry permit" but didn't get into town in time to get it
renewed. Fingerprints never change and therefore it doesn't
make sense to have to get fingerprinted again or to have to
retake the [handgun safety] course after simply missing the
renewal deadline, he remarked, but acknowledged that he has no
objection to having to pay a reasonable late fee. At issue,
particularly if one lives in a remote location, is having to
take the time to come into town to do those things. He opined
that there should be an exception offered to those who just
don't get into town in time to renew the permit, even if that
exception includes having to pay a late fee.
1:12:35 PM
JACK McMANUS had his testimony regarding HB 201 read by Mick
Manns as follows:
Honorable members of the Alaska legislature, my name
is Jack McManus, a retired lawyer who moved to Alaska
20 years ago. I live in Fairbanks, and have
substantial property at Chandalar Lake. I also write
extensively on the Constitution of the United States,
particularly the Second Amendment. In regard to the
concealed permit regulations, I would like to point
out, in Alaska you do not need a permit, however, a
concealed carry permit requires one to take an
instructional course ... and to shoot for record,
which we have already done. As your supplicants, we
have done this but because of an excusable neglect or
inadvertent -- we have not, at this time, got our
permits renewed on time, and have lost the permits.
We ask you to allow the former permit holders to
reestablish your permit by application and perhaps a
reasonable renewal fee. However, we have already
passed the educational requirements and have shot for
record. Thank you, Semper Fidelis, Jack McManus, 907-
479-5001.
MR. MANNS relayed that his son is in the same situation in that
at one time he too had a concealed handgun permit. Mr. Manns
relayed that the three of them would appreciate any
consideration that the legislature could give to the concept of
establishing a way to renew such permits without having to drive
into town from the Brooks Range and sit through a class lasting
several days.
CHAIR RAMRAS closed public testimony on HB 201.
1:15:19 PM
REPRESENTATIVE COGHILL made a motion to adopt Amendment 1 [text
provided previously]. There being no objection, Amendment 1 was
adopted.
REPRESENTATIVE JOHNSON, in response to a question, relayed that
he is unfamiliar with whether any other states have pending
legislation addressing concealed handguns.
1:16:25 PM
REPRESENTATIVE DAHLSTROM moved to report HB 201, as amended, out
of committee with individual recommendations and the
accompanying zero fiscal note. There being no objection, CSHB
201(JUD) was reported from the House Judiciary Standing
Committee.
HB 153 - OPEN MEETINGS: EXCEPTION AND DEFINITION
1:16:50 PM
CHAIR RAMRAS announced that the next order of business would be
HOUSE BILL NO. 153, "An Act exempting municipal boards,
committees, commissions, or other similar bodies from the
requirements of conducting meetings open to the public when a
meeting is administrative or managerial in nature; and amending
the definition of 'meeting' as it relates to public governmental
meetings." [Before the committee was CSHB 153(CRA).]
1:17:22 PM
REPRESENTATIVE DAHLSTROM moved to adopt the proposed committee
substitute (CS) for HB 153, Version 26-LS0653\S, Kane, 3/25/09,
as the work draft. There being no objection, Version S was
before the committee.
1:17:38 PM
JANE W. PIERSON, Staff, Representative Jay Ramras, Alaska State
Legislature, on behalf of the House Community and Regional
Affairs Standing Committee, sponsor by request, explained that
HB 153 proposes changes to the [Administrative Procedure Act] to
make it workable for municipal service area boards while still
preserving the intent of the Act, which requires that all
meetings of public bodies be open to the public and that a
public body must provide reasonable advance notice of its
meetings. The basic intent of the Act is to protect the
public's right to know. Currently, there are exemptions
excluding meetings of juries, parole boards, staff meetings of
public employees, and certain other groups/entities. There is
no exemption, however, for members of government bodies that
also have administrative and managerial responsibilities. This
is causing a hardship for volunteer advisory board members -
such as road and fire service area commissioners - who often
find that they must choose between complying with the Act and
providing delayed or unresponsive services.
MS. PIERSON said HB 153 would add an exemption to the
Administrative Procedure Act for meetings by municipal service
area boards when meeting solely to act on matters that are
administrative or managerial in nature; this would allow them to
conduct business more effectively without harming any of the
purposes or intent of the [Administrative Procedure Act].
Examples of such activities include calling out snowplows,
clearing brush, or fixing potholes, as needs arise. These
advisory bodies would still be required to comply with the
[Administrative Procedure Act] whenever they meet to discuss any
policy or budgetary matter; under Fairbanks North Star Borough
ordinance, such boards must meet publicly four times a year.
Version S also addresses an anomaly in state law by amending the
definition of "meeting" for advisory boards. Currently, the law
governing advisory boards is more stringent than the law
governing actual policy-making bodies such as a borough
assembly. House Bill 153 will allow members of an advisory
board to have a prearranged meeting as long as it does not
result in a violation of the proposed "three or a majority" rule
applicable to policy-making bodies.
CHAIR RAMRAS relayed that he is familiar with the problem HB 153
is intended to address.
1:21:20 PM
A. RENE BROKER, Attorney, Fairbanks North Star Borough (FNSB),
relayed that the FNSB supports HB 153. Because service areas
are far too small and lack the financial resources to hire
employees, their administrative functions have to be performed
by volunteer boards, which have been authorized by state law to
oversee the furnishing of service in a service area, and so when
service area boards perform that administrative function, they
are performing work that would otherwise have to be done by paid
employees. House Bill 153 would extend the existing statutory
exemption to municipal service area boards only when they are
conducting work of an administrative or managerial nature, and
not when they are performing their other duties. House Bill 153
would also clarify that more than three members or a majority of
the members, whichever is less, must be present in order for a
gathering to be considered a "meeting". In conclusion, she
reiterated that the FNSB strongly supports HB 153.
1:25:59 PM
LUKE HOPKINS, Member, Fairbanks North Star Borough Assembly,
Fairbanks North Star Borough (FNSB), relayed that he supports
Version S, and that as a member of the FNSB Assembly, he's
received calls from volunteer road service area commissioners
who are frustrated by the current inability of two members to
meet to discuss administrative functions such as those
pertaining to road maintenance/repairs. He noted that the bill
would provide an exemption for such members in such situations,
and would conform the definition of "meeting" as it pertains to
advisory boards to that pertaining to governmental bodies that
have the authority to establish policies and make decisions for
a public entity. In conclusion, he asked the committee to
support HB 153 and move it forward.
1:29:12 PM
RONALD ILLINGWORTH, District Chair, Twenty-three Mile Slough
Road Service Area, Rural Services Division, Fairbanks North Star
Borough (FNSB), indicated that he would be speaking in support
of HB 153. Current law, he remarked, results in service area
board members having to choose between complying with the
Administrative Procedure Act, ignoring it, or circumventing it,
and this is not an acceptable practice, he opined. Currently,
board members of road service areas are unable to conduct
routine administrative or managerial duties without having to
hold a public meeting and provide advance notice of it. He then
offered an example involving an established contract. House
Bill 153 would address this problem by providing an exemption
for municipal service area boards when performing routine
administrative or managerial duties.
1:33:54 PM
KATHIE WASSERMAN, Executive Director, Alaska Municipal League
(AML), said that the AML encourages all communities to abide by
the Administrative Procedure Act, believes that they do, and has
no intention of breaking existing laws. However, current law is
onerous in that the definition of what constitutes a meeting is
different for advisory groups than it is for governmental
bodies, and this is particularly onerous on road service area
boards because often they only have three members. Precluding
two such board members from discussing road repair/maintenance
issues can result in only one person making all the decisions.
The AML doesn't want municipal service area board members
attempting to circumvent current law, and so is seeking to have
the law changed to address this issue. In conclusion, she
relayed that the AML supports HB 153, and is hoping to assist
the FNSB in its efforts.
MS. BROKER, in response to questions, explained that the bill
would apply only to authorized members, that the new language in
proposed AS 44.62.310(h)(2)(B) was obtained from existing
44.62.310(h)(2)(A), that subparagraph (B) applies the same
standard for a quorum as subparagraph (A), and that vacancies in
membership are not addressed in the bill.
MS. WASSERMAN, in response to a question, acknowledged that
whenever there is a vacancy on a board there can be problems
with getting business done, but pointed out that this is not an
issue being addressed by the bill, which stipulates in proposed
AS 44.62.310(h)(2) that a quorum is based on full membership,
not on how many seats are filled or vacant, which can fluctuate.
In response to another question, she said she doesn't believe
that Anchorage has very many road service areas.
REPRESENTATIVE GRUENBERG, in response to a question, relayed
that his concern is that Section 2 of the bill doesn't apply
only to service area boards but instead to many types of
governmental bodies. He also questioned whether having to
consider the entirety of an advisory board's membership for
purposes of establishing a quorum would be a problem.
MS. WASSERMAN said she is unaware of any such problems,
particularly given that usually communities actively strive to
fill any vacancies.
REPRESENTATIVE GRUENBERG expressed satisfaction with [that
answer].
CHAIR RAMRAS closed public testimony on HB 153.
1:40:48 PM
REPRESENTATIVE DAHLSTROM moved to report the proposed CS for
HB 153, Version 26-LS0653\S, Kane, 3/25/09, out of committee
with individual recommendations and the accompanying zero fiscal
note. There being no objection, CSHB 153(JUD) was reported from
the House Judiciary Standing Committee.
The committee took an at-ease from 1:41 p.m. to 1:47 p.m.
HB 13 - PROPERTY CRIMES
1:47:52 PM
CHAIR RAMRAS announced that the final order of business would be
HOUSE BILL NO. 13, "An Act relating to property crimes."
CHAIR RAMRAS, after ascertaining that no one wished to testify,
closed public testimony on HB 13.
REPRESENTATIVE COGHILL, speaking as the sponsor, offered his
belief that some of the existing fines for property crimes are
not equitable, and opined that it's the right policy call to
effect the changes proposed by HB 13, surmising that doing so
would result in a less costly legal system.
CHAIR RAMRAS asked whether felony property crimes that have been
plead down to misdemeanors always get heard in superior court
anyway.
1:50:54 PM
DOUG WOOLIVER, Administrative Attorney, Administrative Staff,
Office of the Administrative Director, Alaska Court System
(ACS), said it depends on when the plea agreement occurs, and
that oftentimes, most "low value" [property] crime cases don't
ever go to superior court because they are resolved before then.
CHAIR RAMRAS offered his understanding that there are a lot of
property crimes that "go under investigated." He expressed
favor with establishing higher thresholds for property crimes,
and characterized doing so as good public policy, though he
acknowledged that to some extent the proposed thresholds are
arbitrary.
REPRESENTATIVE LYNN said HB 13 seems to be inflation-proofing
crime, and relayed that he has concerns with doing so.
CHAIR RAMRAS acknowledged that concern, but noted that the
current thresholds have not changed in over 30 years.
REPRESENTATIVE LYNN said he does not support HB 13 regardless.
REPRESENTATIVE GATTO referred to the language on page 1, lines
10-13, which refers to property crimes involving safety
equipment and survival equipment from vessels and aircraft, and
questioned whether those provisions are meant to protect vessels
and aircraft to a greater degree.
REPRESENTATIVE COGHILL said the bill is only establishing higher
property value thresholds between misdemeanor and felony
property crimes, and is not intended to alter any specific
property descriptions.
1:56:29 PM
REPRESENTATIVE DAHLSTROM moved to report HB 13 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 13 was reported from the
House Judiciary Standing Committee.
1:59:46 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:59 p.m.