Legislature(1993 - 1994)
03/26/1994 08:00 AM House STA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 26, 1994
8:00 a.m.
MEMBERS PRESENT
Representative Al Vezey, Chairman
Representative Pete Kott, Vice Chairman
Representative Bettye Davis
Representative Gary Davis
Representative Jerry Sanders (via Anchorage teleconference)
MEMBERS ABSENT
Representative Harley Olberg
Representative Fran Ulmer
COMMITTEE CALENDAR
*HJR 62: Urging the Congress to reevaluate its
practice of imposing unfunded mandates on
state and local governments.
MOVED OUT OF COMMITTEE WITH A DO PASS
RECOMMENDATION
*HB 523: "An Act amending Alaska Rule of Criminal
Procedure 6(r) relating to admissibility of
hearsay evidence by peace officers before the
grand jury."
MOVED OUT OF COMMITTEE WITH A DO PASS
RECOMMENDATION
HB 353: "An Act repealing the requirement of an
annual audit of the receipts and expenditures
applicable to certain property managed under
the Horizontal Property Regimes Act."
MOVED OUT OF COMMITTEE AS HB 353 WITH NO
RECOMMENDATIONS
SJR 46: Requesting the United States Congress to
provide a waiver for nontaxable diesel fuel
sold in Alaska from the requirement that it
contain a dye additive.
MOVED OUT OF COMMITTEE WITH A DO PASS
RECOMMENDATION
*HB 480: "An Act relating to sales and attempted sales
of handguns; requiring the Department of
Public Safety to issue driver's licenses and
identification cards with a magnetic strip
encoded with information as to whether the
subject of the license or card has been
adjudicated mentally incompetent within the
previous five years or has been convicted of
a felony; requiring the Department of Public
Safety to develop a computerized data base of
felons and persons adjudicated mentally
incompetent; providing that federally
licensed firearms dealers must use a magnetic
card reader to determine if the subject of
the license or card is eligible to purchase a
firearm; providing criminal penalties
relating to magnetic reader strips; providing
for the seizure of driver's licenses and
identification cards by the court upon
conviction of a felony or adjudication as
mentally incompetent; and providing for an
effective date."
HELD OVER
(* First public hearing)
WITNESS REGISTER
REPRESENTATIVE JEANNETTE JAMES
Alaska State Legislature
Alaska State Capitol, Room 501
Juneau, AK 99811-0460
Phone: 465-3743
POSITION STATEMENT: Prime sponsor of HB 353
DAVE THOMPSON, Staff
Senator Rick Halford
Alaska State Capitol, Room 111
Juneau, AK 99811-0460
Phone: 465-4958
POSITION STATEMENT: Addressed CSSJR 46 for Senator Rick
Halford, Sponsor
REPRESENTATIVE JERRY SANDERS
Alaska State Legislature
Alaska State Capitol, Room 414
Juneau, AK 99811-0460
Phone: 465-4945
POSITION STATEMENT: Prime sponsor of HB 480
BERT MAUPIN
P.O. Box 100877
Anchorage, AK 99510
Phone: 562-5325
POSITION STATEMENT: Inquired about HB 480
VERN KEEZER
United We Stand America
P.O. Box 242
Bethel, AK 99559
Phone: 543-2285
POSITION STATEMENT: Opposed HB 480
LADD MCBRIDE
P.O. Box 83567
Fairbanks, AK 99708
Phone: 479-8096
POSITION STATEMENT: Opposed HB 480
PAUL WIER
P.O. Box 275
Glennallen, AK 99588
Phone: 822-3902
POSITION STATEMENT: Opposed HB 480
BRUCE MCLAUGHLIN
P.O. Box 71
Tok, AK 99780
Phone: 883-5585
POSITION STATEMENT: Commented on HB 480
ROBERT WISEMAN
P.O. Box 1135
Soldotna, AK 99669
Phone: 283-5103
POSITION STATEMENT: Commented on HB 480
PREVIOUS ACTION
BILL: HJR 62
SHORT TITLE: UNFUNDED FEDERAL MANDATES
SPONSOR(S): STATE AFFAIRS
JRN-DATE JRN-PG ACTION
03/15/94 2813 (H) READ THE FIRST TIME/REFERRAL(S)
03/15/94 2813 (H) STATE AFFAIRS
03/26/94 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 523
SHORT TITLE: GRAND JURY EVIDENCE BY POLICE OFFICERS
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
JRN-DATE JRN-PG ACTION
03/09/94 2683 (H) READ THE FIRST TIME/REFERRAL(S)
03/09/94 2683 (H) STATE AFFAIRS, JUDICIARY
03/09/94 2684 (H) -4 ZERO FISCAL NOTES
(2-ADM,DPS,LAW) 3/9
03/09/94 2684 (H) GOVERNOR'S TRANSMITTAL LETTER
03/26/94 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 353
SHORT TITLE: CONDOMINIUM ASSOCIATION MANAGEMENT
SPONSOR(S): REPRESENTATIVE(S) JAMES
JRN-DATE JRN-PG ACTION
01/07/94 2020 (H) PREFILE RELEASED
01/10/94 2020 (H) READ THE FIRST TIME/REFERRAL(S)
01/10/94 2020 (H) LABOR & COMMERCE, STATE AFFAIRS
03/08/94 (H) L&C AT 03:00 PM CAPITOL 17
03/10/94 (H) L&C AT 03:00 PM CAPITOL 17
03/11/94 2715 (H) L&C RPT CS(L&C) NEW TITLE 4DP
3NR
03/11/94 2716 (H) DP: PORTER, SITTON, MACKIE,
HUDSON
03/11/94 2716 (H) NR: MULDER, WILLIAMS, GREEN
03/11/94 2716 (H) -ZERO FISCAL NOTE (DCED) 3/11/94
03/26/94 (H) STA AT 08:00 AM CAPITOL 102
BILL: SJR 46
SHORT TITLE: WAIVE IRS DIESEL FUEL DYE RULE
SPONSOR(S): SENATOR(S)HALFORD,Pearce,Jacko,Donley,
Taylor,Phillips,Kelly,Frank,Lincoln,Little,Kerttula,
Miller,Duncan,Leman,Salo,Sharp,Rieger
JRN-DATE JRN-PG ACTION
02/14/94 2827 (S) READ THE FIRST TIME/REFERRAL(S)
02/14/94 2827 (S) STATE AFFAIRS
03/04/94 (S) STA AT 9:00 AM BUTROVICH RM 205
03/04/94 (S) MINUTE(STA)
03/07/94 3087 (S) STA RPT CS 3DP NEW TITLE
03/07/94 3087 (S) ZERO FN TO SJR & CS PUBLISHED
(S.STA)
03/09/94 (S) RLS AT 00:00 AM FAHRENKAMP
ROOM 203
03/09/94 (S) MINUTE(RLS)
03/10/94 3148 (S) RULES TO CALENDAR 3/10/94
03/10/94 3154 (S) READ THE SECOND TIME
03/10/94 3154 (S) STA CS ADOPTED UNAN CONSENT
03/10/94 3154 (S) ADVANCED TO THIRD READING UNAN
CONSENT
03/10/94 3154 (S) READ THE THIRD TIME CSSJR 46
(STA)
03/10/94 3155 (S) COSPONSOR(S):DUNCAN,LEMAN,SALO,
03/10/94 3155 (S) SHARP, RIEGER
03/10/94 3155 (S) PASSED Y18 N- E2
03/10/94 3160 (S) TRANSMITTED TO (H)
03/11/94 2712 (H) READ THE FIRST TIME/REFERRAL(S)
03/11/94 2712 (H) STATE AFFAIRS
03/26/94 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 480
SHORT TITLE: DRIVER LICENSE/HANDGUN PERMIT SYSTEM
SPONSOR(S): REPRESENTATIVE(S) SANDERS
JRN-DATE JRN-PG ACTION
02/14/94 2377 (H) READ THE FIRST TIME/REFERRAL(S)
02/14/94 2377 (H) STATE AFFAIRS,JUDICIARY,FINANCE
03/15/94 (H) STA AT 08:00 AM CAPITOL 102
03/15/94 (H) MINUTE(STA)
03/26/94 (H) STA AT 08:00 AM CAPITOL 102
ACTION NARRATIVE
TAPE 94-38, SIDE A
Number 000
CHAIRMAN AL VEZEY called the meeting to order at 8:05 a.m.
Members present were REPRESENTATIVES KOTT, G. DAVIS and B.
DAVIS. REPRESENTATIVE SANDERS was present via Anchorage
teleconference.
HJR 62 - UNFUNDED FEDERAL MANDATES
CHAIRMAN VEZEY opened HJR 62 for discussion.
Number 035
REPRESENTATIVE PETE KOTT stated HJR 62 was a good idea,
however, he did not feel it would facilitate very much
response on the federal level.
Number 040
REPRESENTATIVE BETTYE DAVIS moved to pass HJR 62 from
committee with individual recommendations and attached
fiscal note.
Number 043
CHAIRMAN VEZEY asked the committee secretary to call the
roll.
IN FAVOR: REPRESENTATIVES VEZEY, KOTT, B. DAVIS, G.
DAVIS.
ABSENT: REPRESENTATIVES ULMER, OLBERG.
(REPRESENTATIVE JERRY SANDERS indicated he was in favor via
teleconference.)
MOTION PASSED
HB 523 - GRAND JURY EVIDENCE BY POLICE OFFICERS
CHAIRMAN VEZEY opened HB 523 for discussion. He stated HB
523 amends existing statute. Section 1 is the purpose of
the act. Section 2 amends existing language under Alaska
Rule of Criminal Procedure. He noted HB 523 amends a court
decision; thereby requiring a two-thirds vote of both houses
in order to become effective. He continued HB 523 revises
the court rules of evidence to allow a supervising police
officer to relate the testimony of another peace officer.
The intent of HB 523 is to reduce the amount of time police
officers have to spend in court, as opposed to being on the
street on duty.
Number 107
REPRESENTATIVE GARY DAVIS moved to pass HB 523 from
committee with individual recommendations and accompanying
fiscal notes.
Number 110
CHAIRMAN VEZEY asked the committee secretary to call the
roll.
IN FAVOR: REPRESENTATIVES VEZEY, KOTT, B. DAVIS,
G. DAVIS.
ABSENT: REPRESENTATIVES ULMER, OLBERG.
(REPRESENTATIVE SANDERS indicated he was in favor via
teleconference.)
MOTION PASSED
CSHB 353: "An Act amending the requirement of an annual
audit of the receipts and expenditures applicable to certain
property managed under the Horizontal Property Regimes Act
to one that permits the making of an audit, and providing,
in place of the audit requirement, that condominium
associations subject to that Act maintain their financial
records to the standards for financial statements required
by the Uniform Common Interest Ownership Act."
CHAIRMAN VEZEY opened HB 353 for discussion. He noted the
committee had before them CSHB 353(L&C). He believed both
the original HB 353 and the committee substitute accomplish
the same thing; therefore, the committee should examine both
and decide which one they feel is more appropriate.
Number 163
REPRESENTATIVE JEANNETTE JAMES, prime sponsor of HB 353,
gave a brief statement. She stated when the condominium
regulations were changed in 1986 it meant an audit was no
longer required of the condominium association. Previously,
when an audit was required of condominium associations each
year it was very expensive and had little purpose. She
stated the purpose of HB 353 was to not require condominium
associations to have an annual audit. Labor & Commerce
amended HB 353 to make the bookkeeping requirements for
those condominium associations before and after 1987 the
same. She noted there had been opposition to the
amendments.
REPRESENTATIVE JAMES stated the condominium associations can
still have as audit if they choose to put it in their
regulations. She noted, for their own protection, if their
finance person wanted to require an audit they could do so.
She did not believe the state should require that
condominium associations have an annual audit.
Number 200
CHAIRMAN VEZEY inquired if the committee substitute was a
better version than the original HB 353.
Number 202
REPRESENTATIVE JAMES replied she was happy with the original
HB 353, which only excluded the audit. She stated she did
not have a problem with the amendment but, there was no need
for it.
Number 210
CHAIRMAN VEZEY asked what REPRESENTATIVE JAMES felt the
committee substitute accomplished.
Number 211
REPRESENTATIVE JAMES answered presently, the list of
accounting requirements, AS 34.08.490, only applies to the
condominiums that were built after 1987. Rather than
excluding out of AS 34.07.280, "that all books and records
kept in accordance with good accounting procedure shall be
audited at least once a year by an outside auditor, outside
of the organization," the committee substitute tied into the
requirement that the associations must do the record keeping
outlined in AS 34.08.490.
Number 248
CHAIRMAN VEZEY clarified the only change proposed by the
original HB 353 was in AS 34.07.280(b), by deleting one
sentence.
Number 251
REPRESENTATIVE JAMES stated CHAIRMAN VEZEY was correct. She
believed the Labor & Commerce Committee (L&C) was installing
a "feel good" amendment. Some people who managed
condominiums opposed HB 353 because they wanted to be sure
there was an annual audit requirement. She commented that
L&C therefore felt they would be more comfortable if the
bookkeeping requirements were to tie into the law which
became effective in 1987. She noted if the amendment was
not made, the list under AS 34.08.490 would only apply to
those condominiums after 1987.
Number 271
CHAIRMAN VEZEY stated he believed CSHB 353 was more detailed
than HB 353, but it still said the same thing.
REPRESENTATIVE JAMES agreed with CHAIRMAN VEZEY. She
believed that not having specific wording in statute, in
reference to those condominiums before 1987, was not a
problem. She felt the condominium association and the
financial institution would determine their needs. She
noted HB 353 did include provisions for condominiums formed
after 1987.
Number 291
CHAIRMAN VEZEY asked 1987 or 1985.
REPRESENTATIVE JAMES stated she thought 1987. There would
be two levels of rules.
Number 296
CHAIRMAN VEZEY clarified the condominium association
sections REPRESENTATIVE JAMES was referring to were enacted
in 1985, and became effective in 1986. He questioned if
prior to 1986, the associations only had to comply with
whatever the commercial market required.
Number 300
REPRESENTATIVE JAMES stated she was under the assumption
that the changes made in 1985 did not take out the
requirement for the associations to have an annual audit.
Number 305
CHAIRMAN VEZEY asked if the associations were required to
have an annual audit prior to 1985 or 1987.
REPRESENTATIVE JAMES clarified they were prior to the
changes, but not after. She stated HB 353 would make a
level playing field between the two levels. She mentioned
L&C feared that if the audit requirement was taken out,
there would be no specific accounting guidelines for those
associations prior to 1987. Therefore, they tied the newer
records into everyone.
CHAIRMAN VEZEY stated the requirement for an audit dates
back to 1963.
REPRESENTATIVE G. DAVIS clarified an annual audit.
Number 321
CHAIRMAN VEZEY affirmed REPRESENTATIVE G. DAVIS. He noted
the 1985 Session Laws of Alaska required different
standards. He believed in the committee substitute, AS
34.08.490 and AS 34.08.590 addressed the resale of a
condominium.
Number 344
REPRESENTATIVE JAMES stated CHAIRMAN VEZEY was correct.
Number 345
CHAIRMAN VEZEY commented he failed to see how those statutes
related to the association's accounting standards in
situations other than resale.
Number 347
REPRESENTATIVE JAMES said CHAIRMAN VEZEY's comments were
true. However, she understood the current required
information must be available for those condominiums prior
to 1987.
Number 355
CHAIRMAN VEZEY stated subsection 6 of AS 34.08.590, "the
most recent regularly prepared balance sheet and income and
expense statement, if any, of the association," appeared to
be the financial statement requirement for a resale.
REPRESENTATIVE JAMES commented that subsection was "pretty
loose."
CHAIRMAN VEZEY agreed. He asked REPRESENTATIVE JAMES's
recommendation to the committee.
Number 362
REPRESENTATIVE JAMES answered she would prefer the original
HB 353.
Number 363
CHAIRMAN VEZEY inquired about the debate in L&C.
Number 364
REPRESENTATIVE JAMES responded L&C debate was centered on
fears the condominium associations would not act properly
with the money; thereby the owners would be "ripped off."
She believed the owners have a right and a responsibility to
require the accounting provisions in their association
bylaws.
REPRESENTATIVE JAMES added L&C also examined the example of
a real estate person who had taken over the management of
condominiums and the records were in bad shape. She said
the testifier stated she required an audit before the
takeover. She noted an audit already is standard procedure
when records are taken over. She emphasized this
requirement did not need to be in statute.
Number 380
CHAIRMAN VEZEY commented the statement, "all books and
records shall be kept in accordance with good accounting
procedures," was a strong statement.
REPRESENTATIVE JAMES agreed.
Number 384
REPRESENTATIVE G. DAVIS clarified prior to 1986 an annual
audit was required, then changes in statute did not require
an audit for those associations after 1987. He clarified
that HB 353 would make a level playing field, whereby an
annual audit would not be required of anyone.
REPRESENTATIVE JAMES stated REPRESENTATIVE G. DAVIS was
correct.
Number 392
REPRESENTATIVE G. DAVIS questioned the rationale for the
changes made in 1986.
Number 397
REPRESENTATIVE JAMES stated she could not respond to his
question. She commented there had been an entire rewrite of
the condominium association methods of handling property.
REPRESENTATIVE G. DAVIS agreed that "comply with standard
accounting procedures" should satisfy a property owner or
association member.
Number 409
CHAIRMAN VEZEY stated he believed the intent of the 1985
Session Law was to more clearly define the requirements for
a resale of a condominium and to relax the accounting
standards to meet the requirements, without leaving them
higher. He noted a series of resale requirements also
became effective January 1, 1986. January 1, 1986, was the
cut off date REPRESENTATIVE JAMES was referring to.
(Copies of the statutes, pre-1986, were handed out.)
Number 434
REPRESENTATIVE JAMES mentioned the actual protection was in
AS 37.07.290 whereby the owners are able to examine the
books and look at the receipts and expenditures.
Number 443
CHAIRMAN VEZEY clarified HB 353 eliminates the standard for
an audit. The compilation would be up to the owners, and
the association would have to comply with bylaws. The
bylaws would have to be approved by any financing
institution. He repeated, "all books and records shall be
kept in accordance with good accounting procedures," was
strong wording.
Number 459
REPRESENTATIVE KOTT asked if the term "good accounting
procedures" was accepted by the accounting community.
CHAIRMAN VEZEY replied it was, however, he would use the
phrase "in accordance with generally accepted accounting
principles." The language was interchangeable.
Number 469
REPRESENTATIVE KOTT clarified the original HB 353 eliminates
the requirement for an annual audit.
Number 470
CHAIRMAN VEZEY affirmed REPRESENTATIVE KOTT.
Number 471
REPRESENTATIVE KOTT continued the CSHB 353 also would, plus
more. He referenced the memorandum from Jack Chenoweth. He
questioned if REPRESENTATIVE JAMES has examined it. He
cited Jack Chenoweth on page 3, "The draft committee
substitute makes changes only to AS 34.07.280(b). It (1)
eliminates the requirement for an annual audit, (2)
substitutes a directive that for the purpose of keeping
financial records, in the `association of apartment owners'
(using the words of AS 34.07) is subject to AS 34.08, the
performance standard be exactly the same as set out in AS
34.08.490..."
Number 500
REPRESENTATIVE JAMES pointed out the memorandum was in
support of the first committee substitute, version E draft
by L&C, which still required audits at intervals of at least
every 3-5 years. She noted the committee substitute before
the committee was version J and the memorandum did not refer
to it.
Number 507
REPRESENTATIVE KOTT clarified the memorandum referred to
draft work order 8-LS1474\J.
Number 511
REPRESENTATIVE JAMES said REPRESENTATIVE KOTT was correct.
She stated the concerns made in L&C created a compromise
effort.
Number 513
CHAIRMAN VEZEY stated he understood; however, he was
reluctant to favor the L&C version. He believed the bill
was being left vague enough that a person could take the
position that an audit was required. CSHB 353 could be
interpreted as the status quo. He noticed the difference
between the statement "keep accurate records" and "good
accounting procedures." He felt CSHB 353, stating audits
would be allowed, would be superfluous. He noted CSHB 353
was cautioning that an associations' records must comply
with AS 34.08.590(a)(6), which specifically states, "records
if any."
Number 544
REPRESENTATIVE G. DAVIS commented the committee should work
with the original HB 353, because it was much more clear.
He noted CSHB 353 was complicating the issue.
Number 551
CHAIRMAN VEZEY stated he understood REPRESENTATIVE G. DAVIS'
statement to be a motion to adopt the HB 353, version A.
Number 552
REPRESENTATIVE G. DAVIS affirmed CHAIRMAN VEZEY.
Number 563
REPRESENTATIVE KOTT objected. He preferred the committee
substitute. He asked how many votes were required for the
committee to adopt.
Number 565
CHAIRMAN VEZEY answered he required four votes to move a
bill out of committee, and a majority of the quorum present
was required for everything else. He asked the committee
secretary to call the roll.
IN FAVOR: REPRESENTATIVES VEZEY, B. DAVIS, G. DAVIS
OPPOSED: REPRESENTATIVE KOTT
ABSENT: REPRESENTATIVES ULMER, OLBERG
(REPRESENTATIVE SANDERS indicated he was in favor via
Anchorage teleconference.)
MOTION PASSED
Number 574
REPRESENTATIVE G. DAVIS moved to pass HB 353, version A, out
of committee with individual recommendations and
accompanying fiscal notes.
Number 577
CHAIRMAN VEZEY asked the committee secretary to call the
roll.
IN FAVOR: REPRESENTATIVES VEZEY, KOTT, B. DAVIS, G.
DAVIS
ABSENT: REPRESENTATIVES ULMER, OLBERG
(REPRESENTATIVE SANDERS indicated he was in favor via
Anchorage teleconference.)
MOTION PASSED
CSSJR 46 - WAIVE IRS DIESEL FUEL DYE RULE
CHAIRMAN VEZEY opened CSSJR 46 for discussion.
Number 605
DAVE THOMPSON, STAFF, SENATOR RICK HALFORD, gave the sponsor
statement. He stated, due to the IRS passage of the 1993
Ombudsman Reconciliation Act, 95 percent of the diesel fuel
in Alaska has to have dye added to it. Originally, blue dye
was requested; however, the Federal Aviation Administration
(FAA) pointed out it is too similar to AV gas 100. They had
the same problem with red dye. He noted CSSJR 46 would
eliminate the dying process entirely, for two reasons: 1)
FAA safety concerns; and 2) logistics in rural areas make it
very difficult to put dye in diesel fuel. He stated there
were at least three federal agencies, as well as Alaska
state agencies, who are involved in waiving the dye
requirement. CSSJR 46 would state the support of the
legislature in pursuing the waiver.
Number 626
CHAIRMAN VEZEY felt the title of CSSJR 46 might be improper
because it states "nontaxable diesel fuel." He noted diesel
fuel is a motor fuel, thereby being taxable. Heating fuel
is not taxable. He asked if there had been discussion on
that point.
MR. THOMPSON responded the question had not come up. He
noted CSSJR 46 was the first draft by Legislative Affairs.
Number 639
CHAIRMAN VEZEY stated he did not believe there was a legal
definition of diesel.
Number 642
REPRESENTATIVE G. DAVIS pointed out the first WHEREAS
indicates that the Omnibus Budget Reconciliation Act of 1993
"requires dyeing of diesel fuel that is exempt from the
federal diesel fuel tax;..."
CHAIRMAN VEZEY replied he could be wrong, but the question
dealt with usage. He thought it might be a point to bring
up.
Number 658
REPRESENTATIVE KOTT moved to pass CSSJR 46 from committee
with individual recommendations with accompanying zero
fiscal note.
IN FAVOR: REPRESENTATIVES VEZEY, KOTT, B. DAVIS,
G. DAVIS
ABSENT: REPRESENTATIVES ULMER, OLBERG
(REPRESENTATIVE SANDERS indicated he was in favor via
Anchorage teleconference.)
MOTION PASSED
CHAIRMAN VEZEY called for a recess at 8:52 a.m. The meeting
reconvened at 9:00 a.m.
HB 480 - DRIVER LICENSE/HANDGUN PERMIT SYSTEM
CHAIRMAN VEZEY opened HB 480 for discussion.
Number 671
REPRESENTATIVE SANDERS, prime sponsor, addressed HB 480. He
stated the Brady Bill, which passed in November 1993 sets up
a background check that identifies felons and persons
adjudicated mentally incompetent. The Brady Bill also
mandates a five-day waiting period before purchasing a
handgun, unless the purchase has been preapproved. He
stated HB 480 requires the Department of Public Safety (DPS)
to issue driver's licenses and identification cards with a
magnetic strip encoded with criminal information for felons
or those adjudicated mentally ill. He noted only the police
and gun dealers would be able to retrieve a person's status.
A special card reader would show a green light indicating
approval or a red light indicating a restriction.
REPRESENTATIVE SANDERS stated upon becoming a prohibited
person, a person's license would be seized by the trial
court. When eligible to obtain a new driver's license, they
would pay additional fees to cover the records check and
encoding of the required information on the new license. He
believed once the system was in place, city police would be
relieved from having to perform a complete record check
every time a citizen wanted to purchase a gun.
REPRESENTATIVE SANDERS stated there is confusion as to how
the Brady Bill is to be enforced. He expressed concern that
the background check system the Brady Bill sets up, could
easily lead to gun owner registration. The records and
background checks are required to be destroyed; however,
there are no penalties established to punish officials who
violate this law. Therefore, there is no guarantee that
officials will not disregard the law.
TAPE 94-38, SIDE B
Number 000
REPRESENTATIVE SANDERS continued.
REPRESENTATIVE SANDERS noted New York City has enforced a
gun ban, whereby the firearms of honest citizens on the
list, have been confiscated. He emphasized once
registration laws are in place, officials could easily
enforce a ban because they know where the guns are.
Number 036
CHAIRMAN VEZEY suggested, rather than using a magnetic code
strip, using a red dot in the left-hand corner of the
driver's license. The seal of the State of Alaska could be
changed to red instead of black if they are ineligible to
own a handgun.
REPRESENTATIVE SANDERS responded magnetic code strip
information would be available only when presented to a gun
dealer or a police officer. A red mark would be available
to everyone.
Number 061
CHAIRMAN VEZEY clarified the intent was to circumvent the
Brady Bill.
REPRESENTATIVE SANDERS agreed.
Number 069
CHAIRMAN VEZEY suggested everyone could have a red seal,
unless they wanted to indicate they were eligible to own a
handgun. They could then request a black seal.
REPRESENTATIVE SANDERS stated CHAIRMAN VEZEY's suggestion
could work from that point of view.
Number 079
REPRESENTATIVE G. DAVIS clarified CHAIRMAN VEZEY suggested a
visible dot would mean a person was eligible to own a
handgun, not that they necessarily do.
CHAIRMAN VEZEY suggested a variation, whereby a black dot
could be used that was either sensitive or nonsensitive to
ultra-violet light. He did not believe a red dot indication
for those who are not eligible to own a handgun would be an
undue invasion of privacy.
Number 107
BERT MAUPIN, via Anchorage teleconference, inquired about HB
480. He commented some individuals do not have driver's
licenses. He felt the red dot example might work. He
mentioned the use of fingerprint records and firearm
training courses, and asked if the committee had any
information on the status.
Number 136
CHAIRMAN VEZEY referred MR. MAUPIN to HB 351 for
fingerprinting requirements. He believed HB 351 also
requires certification of competency in the use of firearms.
He clarified the intent of HB 480 is to circumvent the Brady
Bill requirement that people must register and go through a
background check.
Number 155
MR. MAUPIN inquired about nonviolent felons in HB 351.
CHAIRMAN VEZEY stated due to time restraints he wanted to
limit testimony to HB 480. Current law on the ownership of
concealable weapons is a convicted felon cannot own a
concealable weapon until that felon has been restored his
full civil rights.
CHAIRMAN VEZEY moved to the Bethel teleconference site.
Number 176
VERN KEEZER, Sr., UNITED WE STAND AMERICA, opposed HB 480.
He commented HB 480 is not fiscally responsible. He noted
the Gun Control Act of 1968 covers most of the provisions in
HB 480, except for the magnetic strip. The Brady Bill did
not meet the NRA requirement for background checks. He
would like an instant check, not a five-day waiting period.
Arizona has filed suit against the federal government
because they believe the Brady Bill is so vague. He urged
Governor Hickel to also file suit.
Number 229
CHAIRMAN VEZEY moved to the Fairbanks teleconference site.
LADD MCBRIDE stated he opposed HB 480. He commented
"handguns" was not defined and he believed felons were
prohibited from owning any firearm. He noted HB 480
specifically states "handguns" several times. He connected
HB 480 to HJR 62, which urges Congress to reevaluate
imposing unfunded mandates on state and local governments.
He stated HB 480 does not mention its potential cost or
maintenance. He classified HB 480 as an unfunded mandate.
Number 265
CHAIRMAN VEZEY asked if MR. MCBRIDE was opposed to only the
magnetic strip, or opposed to any kind of identification for
those ineligible to own a concealable weapon.
Number 268
MR. MCBRIDE answered a person not eligible to buy or conceal
a firearm should be identified, but law abiding citizens
should not be involved because of the additional cost and
invasion of privacy.
Number 281
CHAIRMAN VEZEY clarified he would not be opposed to a
convicted felon, without his civil rights restored, having a
red dot on the left side of his driver's license.
Number 283
MR. MCBRIDE responded the magnetic strip would not always be
apparent to casual observers.
Number 293
CHAIRMAN VEZEY moved to the Glennallen teleconference site.
Number 294
PAUL WIER stated he objected to the magnetic strip, however,
the red dot would be alright if it was only given to felons.
Number 310
CHAIRMAN VEZEY moved to the Tok teleconference site.
Number 314
BRUCE MCLAUGHLIN commented he believed most criminals would
not try to legally purchase handguns if they know they will
not pass the background check. He mentioned if the Brady
Bill were to phase out, HB 480 would create unnecessary
restrictions on gun purchasers in Alaska. He stated the
current five-day waiting period would cause only a minor
inconvenience. He believed the use of "felon" in HB 480 did
not in all cases constitute reasonable grounds for denial of
a weapon purchase.
Number 329
CHAIRMAN VEZEY pointed out the Brady Bill assumes criminals
purchase their guns through dealers; therefore it imposes a
tremendous inconvenience for law abiding citizens. The
intent of the magnetic strip in HB 480 is not to retrieve
information on law abiding citizens, rather it is the
identification of felons. He agreed with MR. MCLAUGHLIN
that felons do not usually buy the guns from stores, they
steal them.
CHAIRMAN VEZEY moved to the Soldotna teleconference site.
Number 349
ROBERT WISEMAN reminded the committee that the Brady Bill
requires that every state be in compliance with the national
records check system in four years. Therefore, Alaska would
have to attend to this requirement. He was not sure the red
dot would comply. He emphasized it is very important for
the 1994 session to send a clear message to Washington D.C.,
that Alaskans feel strongly about their right to own
firearms and they support Senator Ted Stevens. He believed
legislation passed should also have a zero budget effect.
After the implementation, the program should be paid for by
its users.
Number 412
REPRESENTATIVE SANDERS responded MR. WISEMAN had the right
idea as to his intent. He referred to MR. MCLAUGHLIN who
stated law responsibility of law enforcement officers. He
cited the Brady Bill, "(7) A chief law enforcement officer
or other person responsible for providing criminal history
background information pursuant to this subsection shall not
be liable in an action at law or damages ...(B) for
preventing such a sale or transfer to a person who may
lawfully receive or possess a handgun." He clarified this
statement meant any official who locally denies law abiding
citizens their right to buy a handgun, can do so with
impunity. Under federal law there would be no recourse for
the individual.
Number 430
CHAIRMAN VEZEY believed the Brady Bill was a federal law
against public officials giving them the authority to deny
individuals their right to own firearms.
Number 431
REPRESENTATIVE SANDERS agreed.
Number 435
REPRESENTATIVE G. DAVIS inquired about the fiscal note
expected from the Department of Public Safety (DPS). He
noted he only had the Department of Law zero fiscal note in
his packet.
REPRESENTATIVE SANDERS commented the correct DPS fiscal note
must not have arrived yet.
Number 450
CHAIRMAN VEZEY offered to wait for the DPS fiscal note to
arrive.
Number 455
REPRESENTATIVE SANDERS stated it would be proper to hold HB
480 in committee until the fiscal note arrived. He was,
however, not opposed to moving it.
Number 460
CHAIRMAN VEZEY stated HB 480 would be held in committee and
brought back up under bills previously heard next week.
ADJOURNMENT
CHAIRMAN VEZEY, having no more business before the
committee, adjourned the meeting at 9:28 a.m.
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