Legislature(1995 - 1996)
02/22/1996 08:25 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
February 22, 1996
8:25 a.m.
MEMBERS PRESENT
Representative Jeannette James, Chair
Representative Scott Ogan, Vice Chair
Representative Joe Green
Representative Ivan Ivan
Representative Brian Porter
Representative Caren Robinson
Representative Ed Willis
MEMBERS ABSENT
All members present.
COMMITTEE CALENDAR
HOUSE BILL NO. 338
"An Act relating to permits to carry concealed handguns."
- PASSED OUT OF COMMITTEE
HOUSE BILL NO. 405
"An Act extending the termination date of the Board of Examiners in
Optometry; and providing for an effective date."
- CSHB 405(STA) PASSED OUT OF COMMITTEE
HOUSE BILL NO. 457
"An Act relating to the unlicensed practice of certain occupations
for which licenses are required."
- CSHB 457(STA) PASSED OUT OF COMMITTEE
HOUSE BILL NO. 339
"An Act relating to the termination of parental rights of
incarcerated parents."
- CSHB 339(HES) PASSED OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: HB 338
SHORT TITLE: CONCEALED HANDGUN PERMIT AMENDMENTS
SPONSOR(S): REPRESENTATIVE(S) JAMES, Foster, Kelly
JRN-DATE JRN-PG ACTION
05/07/95 1950 (H) READ THE FIRST TIME - REFERRAL(S)
05/07/95 1950 (H) STATE AFFAIRS, JUDICIARY
10/05/95 (H) STA AT 9:00 AM ANCHORAGE LIO
10/05/95 (S) STA AT 9:00 AM ANCHORAGE LIO
10/05/95 (H) MINUTE(STA)
10/05/95 (S) MINUTE(STA)
01/11/96 2419 (H) COSPONSOR(S): KELLY
01/23/96 (H) STA AT 3:30 PM BUTROVICH RM 205
01/23/96 (S) STA AT 3:30 PM BUTROVICH ROOM 205
01/23/96 (H) MINUTE(STA)
01/23/96 (S) MINUTE(STA)
02/13/96 (H) STA AT 8:00 AM CAPITOL 102
02/13/96 (H) MINUTE(STA)
02/17/96 (H) STA AT 10:00 AM CAPITOL 102
02/17/96 (H) MINUTE(STA)
02/20/96 (H) STA AT 8:00 AM CAPITOL 102
02/20/96 (H) MINUTE(STA)
02/22/96 (H) STA AT 8:00 AM CAPITOL 102
BILL: HB 405
SHORT TITLE: EXTEND BOARD OF OPTOMETRISTS
SPONSOR(S): LABOR & COMMERCE
JRN-DATE JRN-PG ACTION
01/09/96 2392 (H) READ THE FIRST TIME - REFERRAL(S)
01/09/96 2392 (H) STATE AFFAIRS
01/16/96 2452 (H) STA RPT 4DP 3NR
01/16/96 2452 (H) DP: JAMES, IVAN, ROBINSON, WILLIS
01/16/96 2452 (H) NR: PORTER, GREEN, OGAN
01/16/96 2452 (H) FISCAL NOTE (DCED)
01/16/96 (H) STA AT 8:00 AM CAPITOL 102
01/16/96 (H) MINUTE(STA)
01/17/96 2472 (H) FIN REFERRAL ADDED
01/17/96 2472 (H) REFERRED TO FIN
01/24/96 2527 (H) RETURNED TO STATE AFFAIRS
01/24/96 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/25/96 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/30/96 (H) STA AT 8:00 AM CAPITOL 102
01/30/96 (H) MINUTE(STA)
02/15/96 (H) STA AT 8:00 AM CAPITOL 102
02/15/96 (H) MINUTE(STA)
02/22/96 (H) STA AT 8:00 AM CAPITOL 102
BILL: HB 457
SHORT TITLE: FINES: UNLICENSED PRACTICE OF OCCUPATION
SPONSOR(S): REPRESENTATIVE(S) JAMES
JRN-DATE JRN-PG ACTION
01/30/96 2569 (H) READ THE FIRST TIME - REFERRAL(S)
01/30/96 2570 (H) STATE AFFAIRS, JUDICIARY
02/06/96 (H) STA AT 8:00 AM CAPITOL 102
02/06/96 (H) MINUTE(STA)
02/08/96 (H) STA AT 8:00 AM CAPITOL 102
02/08/96 (H) MINUTE(STA)
02/15/96 (H) STA AT 8:00 AM CAPITOL 102
02/15/96 (H) MINUTE(STA)
02/22/96 (H) STA AT 8:00 AM CAPITOL 102
BILL: HB 339
SHORT TITLE: PRISON & TERMINATION OF PARENTAL RIGHTS
SPONSOR(S): REPRESENTATIVE(S) ROKEBERG, Mulder, Robinson
JRN-DATE JRN-PG ACTION
05/08/95 1976 (H) READ THE FIRST TIME - REFERRAL(S)
05/08/95 1976 (H) HES, STATE AFFAIRS, JUDICIARY
01/23/96 (H) HES AT 3:00 PM CAPITOL 106
01/23/96 (H) MINUTE(HES)
01/24/96 2528 (H) COSPONSOR(S): MULDER
01/30/96 2573 (H) COSPONSOR(S): ROBINSON
02/15/96 (H) HES AT 3:00 PM CAPITOL 106
02/15/96 (H) MINUTE(HES)
02/19/96 2800 (H) HES RPT CS(HES) NT 3DP 3NR
02/19/96 2801 (H) DP: ROKEBERG, TOOHEY, ROBINSON
02/19/96 2801 (H) NR: G.DAVIS, BUNDE, BRICE
02/19/96 2801 (H) ZERO FISCAL NOTE (DHSS)
02/22/96 (H) STA AT 8:00 AM CAPITOL 102
WITNESS REGISTER
BARBARA COTTING, Legislative Administrative Assistant
to Representative Jeannette James
State Capitol, Room 102
Juneau, Alaska 99801-1182
Telephone: (907) 465-3743
POSITION STATEMENT: Provided sponsor statement for CSHB 338(STA).
TOM CLEMONS, Security Officer
First National Bank of Anchorage
425 "G" Street
Anchorage, Alaska 99510
Telephone: (907) 265-3471
POSITION STATEMENT: Provided testimony against CSHB 338(STA).
LARRY WIGET, Director of Government Relations/Legislative Liaison
Anchorage School District
4600 Debarr Road
Anchorage, Alaska 99519
Telephone: (907) 269-2255
POSITION STATEMENT: Provided testimony against CSHB 338(STA).
BRUCE EAGLE
P.O. Box 303
Wrangell, Alaska 99929
Telephone: (907) 874-2497
POSITION STATEMENT: Provided testimony in favor of CSHB 338(STA).
SUSAN STEVENS
P.O. Box 1274
Wrangell, Alaska 99929
Telephone: (907) 874-3271
POSITION STATEMENT: Provided testimony in favor of CSHB 338(STA).
GLENN SMITH
P.O. Box 283
Wrangell, Alaska 99929
Telephone: (907) 874-3781
POSITION STATEMENT: Provided testimony in favor of CSHB 338(STA).
GARY SCHEFF
P.O. Box 1954
Wrangell, Alaska 99929
Telephone: (907) 874-3427
POSITION STATEMENT: Provided testimony in favor of CSHB 338(STA).
ANGUS RAE
P.O. Box 2219
Wrangell, Alaska 99929
Telephone: (907) 874-2534
POSITION STATEMENT: Provided testimony in favor of CSHB 338(STA).
DOUG MCCLOSKEY, Lt.
Wrangell Police Department
P.O. Box 531
Wrangell, Alaska 99929
Telephone: (907) 874-3304
POSITION STATEMENT: Provided testimony on CSHB 338(STA).
GARY ROTH, President
Denali State Bank
P.O. Box 74568
Fairbanks, Alaska 99707
Telephone: (907) 456-1400
POSITION STATEMENT: Provided testimony in favor of CSHB 338(STA).
LAUREE HUGONIN, Executive Director
Alaska Network on Domestic Violence and Sexual Assault
130 Seward, Room 501
Juneau, Alaska 99801
Telephone: (907) 586-3650
POSITION STATEMENT: Provided testimony on CSHB 338(STA).
WALTER WILCOX, Legislative Assistant
House State Affairs Committee
State Capitol, Room 102
Juneau, Alaska 99801-1182
Telephone: (907) 465-3743
POSITION STATEMENT: Provided sponsor statement for CSHB 405(STA).
JEFFERY GONNASON, O.D.
American Optometric Association
Medical Park Suite 202
2211 East Northern Lights Blvd.
Anchorage, Alaska 99508
Telephone: (907) 276-2080
POSITION STATEMENT: Provided testimony in favor of CSHB 405(STA).
CATHERINE REARDON, Director
Central Office
Division of Occupational Licensing
Department of Commerce and Economic Development
P.O. Box 110806
Juneau, Alaska 99811-0806
Telephone: (907) 465-2534
POSITION STATEMENT: Provided testimony in favor of CSHB 405(STA).
MIA COSTELLO, Legislative Administrative Assistant
to Representative Norman Rokeberg
State Capitol, Room 110
Juneau, Alaska 99801-1182
Telephone: (907) 465-4968
POSITION STATEMENT: Provided sponsor statement for CSHB 339(HES).
PEGGY THOMAS
9208 LongRun Drive
Juneau, Alaska 99801
Telephone: (907) 465-3621
POSITION STATEMENT: Provided testimony on CSHB 339(HES).
JAN RUTHERDALE, Assistant Attorney General
Human Services Section
Civil Division
Department of Law
P.O. Box 110300
Juneau, Alaska 99811-0300
Telephone: (907) 465-3600
POSITION STATEMENT: Provided testimony on CSHB 339(HES).
DIANE WORLEY, Director
Central Office
Division of Family and Youth Services
Department of Health and Social Services
P.O. Box 110630
Juneau, Alaska 99811-0630
Telephone: (907) 465-3191
POSITION STATEMENT: Provided testimony on CSHB 339(HES).
MARTHA STEVENS, Guardian ad litem
515 North Franklin Street
Juneau, Alaska 99801
Telephone: (907) 586-3689
POSITION STATEMENT: Provided testimony on CSHB 339(HES)>
ACTION NARRATIVE
TAPE 96-22, SIDE A
Number 0015
The House State Affairs Committee was called to order by Chair
Jeannette James at 8:25 a.m. Members present at the call to order
were Representatives Willis, Ivan, Porter and James. Members
absent were Representatives Green, Ogan and Robinson.
HB 338 - CONCEALED HANDGUN PERMIT AMENDMENTS
The first order of business to come before the House State Affairs
Committee was CSHB 338(STA).
CHAIR JEANNETTE JAMES called on Barbara Cotting, Legislative
Administrative Assistant to Representative Jeannette James, to
present the proposed amendments to CSHB 338(STA).
Number 0067
BARBARA COTTING, Legislative Administrative Assistant to
Representative Jeannette James, read the following statement into
the record.
"Ignore all previous drafts and amendments! Draft Version G makes
the following changes to the current statute:
"Section 1 provides an affirmative defense against prosecution for
misconduct involving weapons in the fourth degree (possessing a
deadly weapon on school grounds) by allowing a licensee to carry a
concealed handgun on school grounds within a propelled vehicle,
other than a school bus, as long as the defendant did not exit the
propelled vehicle.
"Section 2 provides an affirmative defense against prosecution for
misconduct involving weapons in the fifth degree (possessing a
deadly weapon where intoxicating liquor is sold for consumption on
the premises) by allowing a licensee to carry a concealed handgun
into a place where intoxicating liquor is sold for consumption on
the premises as long as the defendant did not consume intoxicating
liquor there and did not consume intoxicating liquor at any time
during the previous eight hours.
"It also clarifies current statute which provides an affirmative
defense if the possession occurred on business premises owned or
leased by the defendant or in the course of the defendant's
employment for the owner or lessee of the premises.
"Section 3 requires the Department of Public Safety to provide each
applicant with a copy of state laws and regulations relating to
concealed handguns.
"Section 4 gives the Department of Public Safety a total of 30 days
(instead of 15 days after receipt of background check information)
to either approve or reject an application.
"Section 5 amends qualifications for obtaining a permit. It
returns to the original list of disqualifying misdemeanors in
current statute. It also changes the residency requirement from
one year to 90 days.
"Section 6 changes the Department of Public Safety's requirement to
provide each applicant with a copy of state laws and regulations
relating to just concealed handguns (rather than relating to all
firearms).
"Section 7 adds a new subsection allowing an honorably retired
peace officer to apply for and receive a permit within one year of
retirement without having to demonstrate competency. This applies
only to the initial application, not to subsequent renewals.
"Section 8 adds a new section allowing the Department of Public
Safety to enter into reciprocity agreements with other states.
Applicants from qualifying states must meet Alaska's qualifications
and pay a fee not to exceed Alaska's initial application fee.
"Section 9 lowers the application fee cap to $65 and the renewal
fee cap to $30.
"Section 10 changes the list of places where a licensee may NOT
carry a concealed handgun, to include only:
1. All places prohibited by federal law (all federal facilities
and federal courts, airplanes, and some national parks).
2. State courthouses or courtrooms.
3. Residences, businesses, or meetings where notice prohibiting
concealed handguns is conspicuously posted.
4. School grounds except within the licensee's vehicle.
5. Municipalities or villages that have opted out.
"Section 11 changes the penalties for carrying a concealed handgun
into a prohibited place.
"The first offense is a violation, punishable by a fine.
"The second offense is a class B misdemeanor.
"The third and any subsequent offense are class A misdemeanors (two
Class A misdemeanors cause revocation of the license), EXCEPT:
"Section 12 adds a new subsection making it a class A misdemeanor
to carry a concealed handgun in public while consuming intoxicating
liquor or within eight hours after consuming an intoxicating
liquor.
"Section 13 repeals penalties for late renewal of a permit."
Number 0454
REPRESENTATIVE IVAN IVAN asked Ms. Cotting to clarify the
definition of a propelled vehicle.
MS. COTTING said it was a legal definition the bill drafter came up
with.
Number 0468
REPRESENTATIVE BRIAN PORTER explained within the definition of
propelled vehicles were snowmobiles, 4-wheelers, and recreational
vehicles. He further explained a motor vehicle was defined as the
traditional automobile, while propelled vehicles included the
others.
Number 0486
MS. COTTING replied propelled vehicle was included to deal partly
with the rural areas.
REPRESENTATIVE IVAN replied, "I appreciate that."
CHAIR JAMES called on the first witness via teleconference in
Anchorage, Tom Clemons.
Number 0529
TOM CLEMONS, Security Guard, First National Bank of Anchorage, said
the bank did not support the bill as written. He said it did not
want any concealed handguns in the bank. He further said the bank
feared potential violence as a result of a customer service
problem, for example. He also stated other financial institutions
also believed they remained in the law and did not know until this
morning about the changes, and asked for more time so that others
could testify.
Number 0648
CHAIR JAMES explained to Mr. Clemons, as the law was written, a
bank could post a notice to not allow concealed handguns on its
premise.
Number 0664
MR. CLEMONS replied the bank understood that, but a state statute
was stronger than a business policy. He said the bank liked the
law as it was before the amendments.
Number 0692
CHAIR JAMES explained to Mr. Clemons that the training for carrying
a concealed handgun did not allow a permittee to act as a police
officer, and that he was only allowed to use the deadly force as
protection of himself or his family. Therefore, a permittee would
be powerless to act in the event of a bank robbery, for example.
Number 0734
MR. CLEMONS replied life skills and disciplines of individuals were
different for everyone. He said as a former police officer and
based on his experiences the discipline Chair James was referring
to was not learned in a two hour period.
Number 0782
CHAIR JAMES explained to Mr. Clemons that permittees felt safe
carrying a concealed handgun when walking with large sums of money
to a bank, and was concerned a notice would preclude them from that
protection. She wondered what the permittee would do with the
handgun upon entering the bank.
Number 0820
MR. CLEMONS replied the bank had the same problem within the
central vault area. He stated the position of the bank was that
money was money and it was not worth the life of anybody. A life
should not be put into jeopardy for a case of theft. A person in
a bank was guaranteed some protection due to security guards,
cameras, and other deterrents so a permittee could be assured that
once he was in the bank there was protection.
Number 0873
CHAIR JAMES replied Mr. Clemons did not understand her question.
She wondered again what the permittee would do with the handgun
upon entering the bank.
Number 0902
MR. CLEMONS responded there was the option for the permittee to
leave the handgun in his vehicle.
Number 0924
CHAIR JAMES wondered about a permittee that walked to the bank.
MR. CLEMONS stated there were deterrents such as surveillance
cameras that protected the surrounding area of a bank. He cited
the statistics indicated it was safer at a bank because of the
unforeseen deterrents. He said he understood what Chair James was
saying, but the banks did not want handguns brought inside and
wanted a state law to assist in this endeavor.
Number 0975
CHAIR JAMES explained the next committee of referral for CSHB
338(STA) was the House Judiciary Committee and suggested further
testimony from Mr. Clemons and his friends when the bill was in
that committee.
Number 0992
MR. CLEMONS announced Mr. Arson from the National Bank of Alaska
did not know the amendments to the law did not include banks,
otherwise he would have been here today to testify as well as
others. He suggested to Chair James to hear their testimony before
moving the bill to the next committee of referral.
Number 1023
CHAIR JAMES replied the House Judiciary Committee would do a fine
job hearing their testimony. She said she felt comfortable moving
the bill forward, if that was the decision of the House State
Affairs Committee members.
CHAIR JAMES called on the next witness via teleconference in
Anchorage, Larry Wiget.
Number 1037
LARRY WIGET, Director of Government Relations/Legislative Liaison,
Anchorage School District, said the district opposed CSHB 338(STA).
He cited the school district specifically opposed Section 1 that
provided an affirmative defense against protection of prosecution
involving weapons in the fourth degree by allowing a licensee to
carry a concealed handgun on school grounds within a propelled
vehicle, other than a school bus, as long as the defendant did not
exit the propelled vehicle. He also cited Section 10, subsection
4 that did not allowed a concealed handgun on school grounds except
within the licensee's vehicle. He said the Anchorage School
District had strong policies against weapons. He cited there was
no tolerance for weapons or drugs. He also cited there was a
municipal ordinance that prohibited weapons on school grounds. He
said this was an emotional issue for many, but for the safety of
the students, the message the district wanted to send to them was
weapons concealed or not were not welcome on the school grounds.
Number 1106
CHAIR JAMES explained to Mr. Wiget there were 4,000 permittees that
passed a stringent background check and attended classes to obtain
their permit. She further explained they had a right to protect
themselves while in public.
Number 1126
MR. WIGET said the district recognized there were approximately
4,000 permittees. However, the district was responsible for the
47,623 students entering and exiting the school grounds throughout
the day. He cited in a large high school at the beginning and at
the end of the day, a large number of students were in the parking
lot, and was concerned about a concealed weapon in one of the
vehicles.
Number 1162
CHAIR JAMES said she understood his concern, and asked what he
feared from the permittees.
Number 1168
MR. WIGET replied, the issue for the Anchorage School District was
the safety of the students, and it did not want guns on school
grounds.
Number 1177
CHAIR JAMES commented the message the district was giving to the
students was that guns were evil. She explained a better message
to give was that guns in the wrong hands were evil.
CHAIR JAMES called on the next witness via teleconference in
Wrangell, Bruce Eagle.
Number 1206
BRUCE EAGLE said he was a certified rifle and pistol instructor.
He announced he supported CSHB 338(STA). He suggested adding that
the Department of Public Safety provide an abstract in the use of
deadly force for future state accountability.
CHAIR JAMES agreed with Mr. Eagle regarding the abstract in the use
of deadly force. She called it a good idea. She said the
individuals applying for a permit knew about the use of a deadly
force, but it did not hurt to enforce it and an abstract was a good
idea.
CHAIR JAMES called on the next witness via teleconference in
Wrangell, Susan Stevens.
Number 1283
SUSAN STEVENS said she was a certified rifle and pistol instructor.
She announced she supported CSHB 338(STA). She especially was in
favor of changing the fees. She also agreed with Mr. Eagle
regarding the abstract in the use of a deadly force.
CHAIR JAMES called on the next witness via teleconference in
Wrangell, Glenn Smith.
Number 1310
GLENN SMITH said he agreed with CSHB 338(STA). He also agreed with
Mr. Eagle and Ms. Stevens that a description of the use of a deadly
force should be available. He further commented that a concealed
handgun on school grounds was a good way to demonstrate a law
abiding citizen to the students.
Number 1380
CHAIR JAMES agreed it was important to send an overall message to
students about the use and evilness of guns.
CHAIR JAMES called on the next witness via teleconference in
Wrangell, Gary Scheff.
Number 1391
GARY SCHEFF said he supported CSHB 338(STA) as written.
CHAIR JAMES called on the next witness via teleconference in
Wrangell, Angus Rae.
Number 1405
ANGUS RAE said he supported CSHB 338(STA). He said it was cost
prohibited before, over $500 for two permits. He said he and his
wife took the class and it was very well done. He explained in
Wrangell there were houses within a close proximity to the schools,
and wondered how it was possible to tell the home owners they could
not have a handgun in their home.
Number 1444
CHAIR JAMES explained the fee in CSHB 338(STA) was $65. She
announced there would be an amendment to raise that to $99 based on
the department's needs and general fund.
CHAIR JAMES called on the next witness via teleconference in
Wrangell, Doug McCloaky.
Number 1505
DOUG MCCLOAKY, Lt., Wrangell Police Department, stated the training
renewal was excessive. He suggested a quiz, for example, and
reiterated a full training course was redundant. He said he was
opposed to letting a concealed handgun into a bar. He stated there
was no need to mix handguns and alcohol. He further stated the
message to the students should be of responsibility and personal
accountability, and not that the gun was evil.
Number 1581
CHAIR JAMES explained the license was good for five years. She
announced she was not willing to address that issue now, but in
four years it should be looked at again.
Number 1608
REPRESENTATIVE PORTER commented the renewal training was an
opportunity for a permittee to stay abreast of the laws.
CHAIR JAMES called on the next witness via telephone in Fairbanks,
Gary Roth, President, Denali State Bank.
Number 1642
GARY ROTH, President, Denali State Bank, said contrary to previous
testimony from the banking industry, he supported the ability of a
permittee to take his firearm into his bank. He wondered if
national banks and federal credit unions were included in the
original bill because it addressed those banks that operated under
state statutes. Nonetheless, he did not want his bank to be a
target with criminals knowing no one was armed. He said he wanted
a potential bank robber to think that the person standing next to
him or her might be armed. He stated the permittees were honest
citizens, and reiterated he did not want his bank to be a target.
CHAIR JAMES called on the next witness in Juneau, Lauree Hugonin,
Executive Director, Alaska Network on Domestic Violence and Sexual
Assault.
Number 1784
LAUREE HUGONIN, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault, said the network was concerned about
the definition of "residents." She wondered if the definition
included shelter programs and safe home programs. She said a law
would be stronger and urged the committee members to include them
in the bill. In conclusion she wondered about creating peace and
the choices to create peace. She explained peace only existed in
a "we" society where the interdependence was recognized. She
further said peaceful living took a lot of courage and consistent
action and asked the committee members to consider that.
Number 1964
CHAIR JAMES responded humans were social animals and we needed each
other to survive. However, a balance was needed between collective
behavior and individual behavior, while recognizing the rights of
others and one's own individuality.
Number 2056
MS. HUGONIN explained abusers in domestic violence situations often
did not have a criminal record. Therefore, they would pass the
background check to obtain a permit, and called it a mechanism for
further intimidation. She cited an example whereby an abuser could
simply point to his concealed handgun to intimidate the person
being abused and no one would be aware of it.
Number 2111
CHAIR JAMES replied, historically, that fear had not been an issue
in places that already had a concealed handgun permit law. She
commented fear was real and not always based on reality. She
further addressed Ms. Hugonin's concerns regarding residents. She
explained the bill also included businesses and if the programs or
shelters did not fit a resident it would then be a business.
Number 2151
MS. HUGONIN asked if that provision was in Section 10, subsection
3 or 4?
CHAIR JAMES said a residence and business was ongoing and the
section gave everyone the right to post a notice to prohibit a
concealed handgun.
Number 2190
MS. HUGONIN said she did not see where a business was listed. She
stated she saw a "residence" and a "meeting of a business."
CHAIR JAMES referred Ms. Hugonin to Section 10, subsection 3 and 4,
and read "a residence where notice that carrying a concealed
handgun is prohibited has been given by the posting of a
conspicuous notice or by oral statement by the resident to the
permittee; a meeting of a business, charitable, or other
organization or entity where notice that carrying a concealed
handgun is prohibited has been given by the posting of conspicuous
notice."
Number 2219
REPRESENTATIVE PORTER commented there might be a typo in Section
10, subsection 4. He said it probably should say "a meeting or a
business, charitable, or other organization..."
CHAIR JAMES replied, "I think you're right." That was the intent
anyway. She suggested an amendment.
CHAIR JAMES called on the next witness in Juneau, Claudia Douglas,
President, National Education Association.
Number 2249
CLAUDIA DOUGLAS, President, National Education Association (NEA),
said the NEA opposed CSHB 338(STA) allowing a weapon on school
property. She explain NEA believed the students and school
employees should be safe from violence and weapons and from the
threat of violence. Guns concealed or in the open had no place in
school or on school grounds period, she asserted. Schools should
be weapon free and havens of safety for our children and our school
employees. She explained, school systems were dealing with
escalating violence all over the country. There were increasing
reports of students assaulting students or teachers, school
vandalism, and gang violence, and the majority of these reports
involved guns. It not only detracted educators from their main
function of educating students, but it was a great psychological
impact and economical cost to individuals and society. People
young and old alike had a fascination for guns and violence and
cited television shows and recent movies such as Casino, City Hall.
She explained violence was a part of the fabric of our lives and
our society. She said she was sure that some of the supporters of
this bill would say that this was for law abiding citizens, the
responsible citizen who would never hurt anybody intentionally.
The reality was, however, that everyday we hear reports of
accidents with guns, and she cited the man that shot a bird that
flew into his house where the bullet went through two rooms and hit
his wife in the kitchen. Luckily, she did not die. She stressed
again guns in schools and children do not mix, and schools and
school grounds must be gun free. Many communities and schools were
adopting a no tolerance policy for any type of weapons, she
explained. It seemed illogical and unsettling to believe that in
Alaska we would allow a bill to become law that would permit guns
anywhere near a school. She said she understand that this bill was
an attempt to simplify the procedures for those who have permits to
carry handguns and was not opposed to someone that had a permit and
the process established, but was concerned about the greater
problem of a society where the citizens felt a need to carry a
handgun. Furthermore, another problem was enforcement. Teachers
and school employees were not police, and she wondered if someone
were seen or suspected of carrying a concealed weapon, was it the
responsibility of the school employee to check out the permit? How
would a school employee determine if someone was wearing a
concealed weapon as a law abiding permittee or as someone that was
violating the law, she asked? She further stated there were many
gray areas in the bill concerning motorcycles, snowmobiles, and 4-
wheelers. She urged the committee members to amend the CSHB
338(STA) and reestablish the prohibition of concealed weapons on
school grounds.
Number 2413
REPRESENTATIVE PORTER moved to adopt CSHB 338(STA) for
consideration. Hearing no objection, it was so adopted.
Number 2426
CHAIR JAMES asked for a motion to amend the fee from "$65" to "$99"
in Section 9.
Number 2438
REPRESENTATIVE PORTER moved that on page 6, line 9, to amend the
fee from "$65" to "$99." Hearing no objection, it was so amended.
Number 2450
CHAIR JAMES explained the concern of Ms. Hugonin on page 7, line 4,
concerning the language of "a meeting of a business," and asked
Representative Porter for a recommendation.
Number 2471
REPRESENTATIVE PORTER said the intent of the subsection was to not
allow a concealed handgun on the property if the business,
charitable or other organization did not want it. He suggested a
conceptual amendment.
TAPE 96-22, SIDE B
Number 0047
CHAIR JAMES suggested leaving the wordage to the drafter. She
explained she would pass the new committee substitute to the
committee members and if there were any concerns it could be taken-
up in the House Judiciary Committee.
REPRESENTATIVE PORTER commented there were gatherings that did not
enter a building, and suggested including the words "property" and
"facilities."
CHAIR JAMES wondered about the lines of enforcement.
REPRESENTATIVE PORTER explained they were at the driveway.
CHAIR JAMES asked if there were any objections to the conceptual
amendment. Hearing none, it was so adopted.
Number 0082
REPRESENTATIVE PORTER moved that CSHB 338(STA) move from committee
with individual recommendations and attached fiscal notes. Hearing
no objection, it was so moved from the House State Affairs
Committee.
HB 405 - EXTEND BOARD OF OPTOMETRISTS
The next order of business to come before the House State Affairs
Committee was CSHB 405(STA).
CHAIR JAMES called on Walter Wilcox, Legislative Assistant, House
State Affairs Committee, to present the committee substitute.
Number 0133
WALT WILCOX, Legislative Assistant, House State Affairs Committee,
requested Catherine Reardon, Director, Division of Occupational
Licensing, to join him at the table. He also announced Jeffrey
Gonnason, O.D. was on line in Anchorage to testify regarding the
changes in the committee substitute.
Number 0171
JEFFREY GONNASON, O.D., American Optometric Association, said CSHB
405(STA) extended the optometry licensing board, and contained the
amendments suggested by the state legislative audit. It repealed
sections to comply with the Americans with Disabilities Act (ADA),
repealed the section on branch licenses, and added language to
clarify the delegation of duties to employees of licensed
physicians and optometrists, and lastly, clarified the exemption
from the optician chapter. He explained licensed physicians and
optometrists had always utilized assistants in their practice such
as opticians. He explained in 1980 changes were made to the
optician audit of which included the surreptitious removal of the
exemption. He said this caused a conflict of the laws. He said he
tried to resolve this in regulation as the optometry board
president in 1988, but discovered it needed to be resolved in
statute. The recent audits of the board of opticians and the board
of optometrist pointed out the conflict so CSHB 405(STA) resolved
this problem by clarifying that doctors may delegate duties to
their employees in their office and under their supervision, and
that these employees, who the doctor was responsible for, were
exempt from the optician law. This bill, however, would not change
current practices.
Number 0298
CHAIR JAMES called on Catherine Reardon, Division of Occupational
Licensing, to testify.
Number 0306
CATHERINE REARDON, Director, Central Office, Division of
Occupational Licensing, Department of Commerce and Economic
Development, explained CSHB 405(STA) resolved the conflict issue
discussed the last time the bill was presented to the House State
Affairs Committee members.
Number 0321
CHAIR JAMES announced the Board of Dispensing Opticians also
supported the committee substitute. She further announced she
would like to move the bill to the next committee of referral.
Number 0338
MR. WILCOX explained Dr. Madson in Juneau, Dr. Gonnason in
Anchorage, and the department suggested adding to page 1, line 11,
the word "opticianry" after the word "delegated," and to page 2,
line 15, the word "opticianry" after the word "perform."
Number 0390
REPRESENTATIVE IVAN moved to adopt CSHB 405(STA) for consideration.
Hearing no objection it was so adopted.
Number 0397
REPRESENTATIVE IVAN moved that page 1, line 11, the word
"opticianry" be inserted after the word "delegated," and that page
2, line 15, the word "opticianry" be inserted after the word
"perform." Hearing no objection, it was so amended.
Number 0424
REPRESENTATIVE IVAN moved that CSHB 405(STA) as amended move from
the committee with individual recommendations and attached fiscal
note. Hearing no objection, it was so moved from the House State
Affairs Committee.
HB 457 - FINES: UNLICENSED PRACTICE OF OCCUPATION
The next order of business to come before the House State Affairs
Committee was CSHB 457 (STA).
CHAIR JAMES called on Mr. Wilcox and Ms. Reardon to present the
committee substitute.
Number 0483
MR. WILCOX explained the committee substitute deleted the portion
that applied to business licenses, and clarified how the department
would regulate it.
MS. REARDON concurred with Mr. Wilcox's summarization.
Number 0528
REPRESENTATIVE ED WILLIS moved that CSHB 457(STA) move from the
committee with individual recommendations and zero fiscal note.
Hearing no objection, it was so moved from the House State Affairs
Committee.
HB 339 - PRISON & TERMINATION OF PARENTAL RIGHTS
The next order of business to come before the House State Affairs
Committee was CSHB 339(HES).
CHAIR JAMES called on Mia Costello, Legislative Administrative
Assistant to Representative Norm Rokeberg, to present the sponsor
statement.
Number 0619
MIA COSTELLO, Legislative Administrative Assistant to
Representative Norm Rokeberg, explained HB 339 responded to two
court cases in 1983 and 1995 of which the court asked the
legislature to look at the child in need of aid statute and the
termination of parental rights. The bill she explained allowed the
courts to look at a parent's imprisonment which currently did not
have the statutory authority to do this. She referred the
committee members to page 4, and explained the addition of the
words "or incarceration," and "or the period of incarceration is
likely to continue to exist sufficiently long to seriously damage
the parent and child relationship or to cause serious emotional or
physical harm to the child." She stated in-order-for parental
rights to be terminated a child must be adjudicated in need of aid
as a result of parental conduct. Under current statute the courts
could not consider incarceration conduct because it was not a
willful act. Therefore, the courts asked the legislature to
revisit this statute and clarify it. She stated the conditions to
seriously damage a parent/child relationship must be met in all
cases and not just in cases where the parent was in prison. She
further explained the change on page 2, line 10, added the words
"and able" to clarify the caring or willing interpretation.
Number 0804
REPRESENTATIVE PORTER announced the bill was necessary, and would
subscribe to moving it out of the committee.
Number 0823
CHAIR JAMES wondered if the bill affected native children and
whether or not the person needed to be a relative to take care of
the child.
Number 0841
MS. COSTELLO explained the Indian Child Welfare Act concern was
deliberated in the House Health, Education and Social Services
Committee. She asserted the sponsor did not believe that the bill
affected the Act.
Number 0585
REPRESENTATIVE IVAN explained there was a century old tradition
where the children were taken care of by the nearest relative and
extended family system. He said it worked very well, and was
concerned about taking that away and making the children dependent
on the state.
Number 0898
CHAIR JAMES agreed with Representative Ivan and further stated she
was concerned the native child would be taken automatically.
Number 0933
MS. COSTELLO replied a child must be adjudicated a child in need of
aid before parental rights could be terminated. The law said the
child must refuse to accept available care or have no parent,
guardian, custodian or relative caring or willing to provide care
to be adjudicated.
CHAIR JAMES called on the next witness in Juneau, Peggy Thomas.
Number 0986
PEGGY THOMAS explained she was the foster parent of the two
children mentioned in the case A.M. v. State of Alaska whereby the
judge asked the legislature to clarify this issue. She said the
two children had been in her care for five years. Presently their
father was incarcerated for sexual abuse. She mentioned he would
be released this fall. The mother had relinquished her parental
rights and had agreed to let her adopt the children. She explained
the mother was native and did not have a willing or able relative
to care for the children. She stated the children needed a
permanent home and some permanency in their life. She further
explained the judge needed the latitude to terminate the father's
rights due to his incarceration.
CHAIR JAMES called on the next witness in Juneau, Jan Rutherdale,
Department of Law.
Number 1112
JAN RUTHERDALE, Assistant Attorney General, Human Services Section,
Civil Division, Department of Law, said the department supported
CSHB 339(HES).
Number 1130
REPRESENTATIVE WILLIS referred the committee members to page 2,
line 10, and read "and able." He wondered if this inclusion would
adversely impact the handicapped.
Number 1151
MS. RUTHERDALE explained everybody had interpreted the law that a
parent had to be both "willing" and "able" to provide care, and if
they could not, the state would intervene. She said one month ago
the Supreme Court literally read the word "or" in the statute.
Therefore, the inclusion clarified this recent shift in
interpretation. She further explained the word "care" in statute
meant able to provide for the physical, emotion, social and mental
needs of children, and there were handicapped individuals that did
a wonderful job raising their children. The state would have to
prove the parent was not able to provide the necessary care, and
could not rule based only on a handicap.
CHAIR JAMES called on the next witness in Juneau, Diane Worley,
Department of Health and Social Services.
Number 1277
DIANE WORLEY, Director, Central Office, Division of Family and
Youth Services, Department of Health and Social Services, said the
division and department supported CSHB 339(HES). She said the
Indian Child Welfare Act was not impacted by this bill and did not
negate the process of guaranteeing the act was followed. She
further explained the bill would give the division another
opportunity or factor to consider in the termination of a parental
right.
CHAIR JAMES called on the next witness in Juneau, Martha Stevens.
Number 1388
MARTHA STEVENS, Guardian at litem, said she supported CSHB 339(HES)
because children had the right to grow-up in a consistent and
healthy environment.
Number 1431
REPRESENTATIVE PORTER moved that CSHB 339(HES) move from the
committee with individual recommendations and attached fiscal
notes. Hearing no objection, it was so moved from the House State
Affairs Committee.
Number 1495
CHAIR JAMES asked the committee members to consider waiving
HB 498, the Betty Kato Bridge Bill. There was no objection, and
announced she would ask for a waiver on the floor of the House of
Representatives.
ADJOURNMENT
Number 1520
CHAIR JAMES adjourned the House State Affairs Committee meeting at
9:45 a.m.
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