Legislature(1999 - 2000)

04/15/2000 09:15 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                             
                         April 15, 2000                                                                                         
                            9:15 a.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Jeannette James, Chair                                                                                           
Representative Joe Green                                                                                                        
Representative Jim Whitaker                                                                                                     
Representative Bill Hudson                                                                                                      
Representative Scott Ogan                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Beth Kerttula                                                                                                    
Representative Hal Smalley                                                                                                      
                                                                                                                                
SENATE MEMBERS PRESENT                                                                                                          
                                                                                                                                
Senator Robin Taylor                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
CS FOR SENATE BILL NO. 294(JUD)                                                                                                 
"An Act relating to the possession of concealed handguns and to                                                                 
concealed handgun permits."                                                                                                     
                                                                                                                                
     - MOVED HCS CSSB 294(STA) OUT OF COMMITTEE                                                                                 
                                                                                                                                
HOUSE BILL NO. 444                                                                                                              
"An Act relating to nongovernmental activities of state agencies,                                                               
including the University of Alaska; and providing for an                                                                        
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 444(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: SB 294                                                                                                                  
SHORT TITLE: CONCEALED HANDGUNS                                                                                                 
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 3/21/00      2678     (S)  READ THE FIRST TIME - REFERRALS                                                                     
 3/21/00      2678     (S)  JUD                                                                                                 
 3/27/00               (S)  JUD AT  1:30 PM BELTZ 211                                                                           
 3/27/00               (S)  -- Rescheduled to 3/29/00 --                                                                        
 3/29/00               (S)  JUD AT  1:30 PM BELTZ 211                                                                           
 3/29/00               (S)  Heard & Held                                                                                        
 3/29/00               (S)  MINUTE(JUD)                                                                                         
 4/03/00               (S)  JUD AT  1:30 PM BELTZ 211                                                                           
 4/03/00               (S)  Moved CS(Jud) Out of Committee                                                                      
 4/03/00               (S)  MINUTE(JUD)                                                                                         
 4/04/00      2854     (S)  JUD RPT CS 3DP SAME TITLE                                                                           
 4/04/00      2854     (S)  DP: TAYLOR, TORGERSON, HALFORD                                                                      
 4/04/00      2854     (S)  ZERO FISCAL NOTE (DPS)                                                                              
 4/06/00               (S)  RLS AT 11:45 AM FAHRENKAMP 203                                                                      
 4/06/00               (S)  MINUTE(RLS)                                                                                         
 4/10/00      2949     (S)  RLS TO CALENDAR AND 2 OR 04/10/00                                                                   
 4/10/00      2951     (S)  READ THE SECOND TIME                                                                                
 4/10/00      2951     (S)  JUD CS ADOPTED UNAN CONSENT                                                                         
 4/10/00      2951     (S)  ADVANCED TO THIRD READING UNAN                                                                      
                            CONSENT                                                                                             
 4/10/00      2951     (S)  READ THE THIRD TIME  CSSB 294(JUD)                                                                  
 4/10/00      2951     (S)  PASSED Y14 N5 E1                                                                                    
 4/10/00      2952     (S)  ADAMS NOTICE OF RECONSIDERATION                                                                     
 4/11/00      3010     (S)  RECONSIDERATION NOT TAKEN UP                                                                        
 4/11/00      3011     (S)  TRANSMITTED TO (H)                                                                                  
 4/12/00      3072     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 4/12/00      3072     (H)  STA, JUD                                                                                            
 4/13/00               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 4/13/00               (H)  Heard & Held                                                                                        
 4/13/00               (H)  MINUTE(STA)                                                                                         
 4/15/00               (H)  STA AT  9:00 AM CAPITOL 102                                                                         
                                                                                                                                
BILL: HB 444                                                                                                                  
SHORT TITLE: STATE GOVERNMENT ACTIVITIES                                                                                        
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 4/06/00      2889     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 4/06/00      2889     (H)  STA, FIN                                                                                            
 4/11/00               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 4/11/00               (H)  Heard & Held                                                                                        
 4/11/00               (H)  MINUTE(STA)                                                                                         
 4/13/00               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 4/13/00               (H)  Scheduled But Not Heard                                                                             
 4/15/00               (H)  STA AT  9:00 AM CAPITOL 102                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
DAVID HUDSON, Lieutenant                                                                                                        
Program Manager for the                                                                                                         
  Alaska Concealed Handgun Program                                                                                              
Department of Public Safety                                                                                                     
PO Box 111200                                                                                                                   
Juneau, Alaska 99811-1200                                                                                                       
POSITION STATEMENT:  Provided department's position and answered                                                                
questions regarding SB 294.                                                                                                     
                                                                                                                                
BRIAN JUDY, Alaska Liaison                                                                                                      
   of the National Rifle Association (NRA)                                                                                      
Sacramento, California                                                                                                          
POSITION STATEMENT:  Testified in  support of SB 294.                                                                           
                                                                                                                                
PATRICK McKEEN                                                                                                                  
Delta Junction, Alaska 99737                                                                                                    
POSITION STATEMENT:  Testified in  support of SB 294.                                                                           
                                                                                                                                
MIKE CARLSON                                                                                                                    
Delta Junction, Alaska 99737                                                                                                    
POSITION STATEMENT:  Testified in  support of SB 294.                                                                           
                                                                                                                                
DANIEL DAVIS                                                                                                                    
PO Box 1285                                                                                                                     
Delta Junction, Alaska 99737                                                                                                    
POSITION STATEMENT:  Testified in  support of SB 294.                                                                           
                                                                                                                                
DICK BISHOP, Vice President                                                                                                     
Alaska Outdoor Council                                                                                                          
PO Box 73902                                                                                                                    
Fairbanks, Alaska 99707                                                                                                         
POSITION STATEMENT:  Testified in  support of SB 294.                                                                           
                                                                                                                                
PORTIA PARKER, Legislative Aide                                                                                                 
   to Senator Lyda Green                                                                                                        
Alaska State Legislature                                                                                                        
Capitol Building, Room 125                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Provided information  on SB 294.                                                                           
                                                                                                                                
DEL SMITH, Deputy Commissioner                                                                                                  
Department of Public Safety                                                                                                     
PO Box 111200                                                                                                                   
Juneau, Alaska 99811-1200                                                                                                       
POSITION STATEMENT:  Commented on SB 294.                                                                                       
                                                                                                                                
ANNETTE DEAL, Researcher                                                                                                        
to Representative John Cowdery                                                                                                  
Alaska State Legislature                                                                                                        
Capitol Building, Room 204                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Provided information  on HB 444.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-35, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  JEANNETTE JAMES  called the  House  State Affairs  Standing                                                              
Committee meeting  to order at 9:15  a.m.  Members present  at the                                                              
call  to  order  were  Representatives   James,  Green,  Whitaker,                                                              
Hudson,  and Ogan.    Representatives  Kerttula  and Smalley  were                                                              
absent.                                                                                                                         
                                                                                                                                
SB 294-CONCEALED HANDGUNS                                                                                                     
                                                                                                                                
Number 0069                                                                                                                     
                                                                                                                                
CHAIR  JAMES announced  the  first  order of  business  is CS  FOR                                                              
SENATE BILL  NO. 294(JUD), "An Act  relating to the  possession of                                                              
concealed handguns and to concealed handgun permits."                                                                           
                                                                                                                                
DAVID  HUDSON,   Lieutenant,  Program   Manager  for   the  Alaska                                                              
Concealed  Handgun Program,  Department  of  Public Safety  (DPS),                                                              
testified via  teleconference from  Seattle, Washington.   He said                                                              
he has been  in charge of the  program since the fall  of 1998 and                                                              
is not familiar with how it progressed  five years prior; however,                                                              
he does know  some history in regard to the  legislation initiated                                                              
in 1995.   He  said   this program  has been  very successful,  as                                                              
everyone has testified, in view of  the fact that there are people                                                              
out there  who are competent,  qualified and mentally  prepared to                                                              
carry a concealed  handgun in Alaska.   He noted that he  has seen                                                              
or tracked  all the various  violations of  laws in the  last year                                                              
and  a half  in regard  to this  program.   He  cannot recall  any                                                              
criminal act that  was initiated in regard to  a concealed handgun                                                              
permit that  was carried  by authorized  concealed handgun  permit                                                              
holders.  Rather, people have been  arrested for other reasons and                                                              
have had  concealed handgun permits  legally in their  possession,                                                              
whereupon the concealed handgun permit  was revoked.  He indicated                                                              
that  recently  a person  was  charged  with failure  to  identify                                                              
him/herself as a  permit holder with a handgun  in possession when                                                              
contacted by law enforcement.                                                                                                   
                                                                                                                                
Number 0410                                                                                                                     
                                                                                                                                
LIEUTENANT HUDSON  said Alaska has a good, valid,  working program                                                              
based on legislation put forth in  1995, and regulations that were                                                              
appended to legislation  since that time have  been very workable.                                                              
He informed the committee that SB  294 has become an issue because                                                              
the  public  perceives  DPS as  slow  to  process  a permit  or  a                                                              
renewal.  He remarked that he understood  that the program in 1995                                                              
was  revenue-based,  which  it  still  is.   Although  there  were                                                              
expectations  that possibly  25,000 people  might come forward  to                                                              
obtain a handgun  permit almost immediately, that  did not happen.                                                              
About 5,000  people came  forward almost  immediately to  obtain a                                                              
handgun permit, and  that has created problems  for the department                                                              
today.   Because  the program  is revenue-generated,  DPS did  not                                                              
maintain a staff throughout the years;  consequently, there was no                                                              
large staff  to handle all the  renewals and applications  as they                                                              
came through.   Now, five years later, initial  permit holders who                                                              
had  applied  immediately  are  all due  for  renewal;  hence  the                                                              
department's staff of one full-time  clerk and one half-time clerk                                                              
are overloaded in support of the  program.  The many renewals have                                                              
created a  burden on  the staff as  well as  much distress  to the                                                              
public  because  the   department  is  not  able   to  respond  to                                                              
processing  permits or  renewals  as quickly  as applicants  would                                                              
like.                                                                                                                           
                                                                                                                                
Number 0598                                                                                                                     
                                                                                                                                
LIEUTENANT  HUDSON noted that  one reason  for SB  294 was  due to                                                              
slowdown of the  process; it was also introduced  with the idea of                                                              
trying  to  increase  reciprocity  of  Alaskan  concealed  handgun                                                              
permits  across  the  nation.    He  explained  that  someone  had                                                              
testified that  before he took over  the program there  were 11-17                                                              
states from  which Alaska would accept  handgun permits.   When he                                                              
took over the  program, he had evaluated the laws  as they existed                                                              
and had  reviewed handgun rules  information as provided  by state                                                              
program  managers across  the nation,  from which  he was able  to                                                              
gather information  and evaluate based  on Alaska's "as  strict as                                                              
compliance."   He indicated  that consequently  he had  determined                                                              
that not  many states met the  criteria established by  the Alaska                                                              
legislature, and  only Texas had a  program at least as  strict as                                                              
Alaska's.    Texas  had  copied  Alaska's  handgun  program  after                                                              
reviewing  it, and  the  two states'  regulations  are almost  the                                                              
same.                                                                                                                           
                                                                                                                                
Number 0752                                                                                                                     
                                                                                                                                
LIEUTENANT  HUDSON remarked  that  he would  like  to address  the                                                              
twofold issue  of reciprocity  and better  service to Alaskans  in                                                              
regard to  renewal of  and application for  permits.   He reminded                                                              
the committee that several issues  in SB 294 will be valid for the                                                              
department.   For instance, in the   renewal process  currently, a                                                              
clerk  from the  department  has  to take  a thumbprint  from  the                                                              
individual who  is renewing his/her handgun permit;  that requires                                                              
a clerk's time  in each of the post detachments  and detracts from                                                              
other duties.   Additional  time and energy  is required  when the                                                              
thumbprint has to be evaluated by  someone in the department.  The                                                              
DPS believes that the department  would better serve the public if                                                              
the thumbprint requirement could  be eliminated.  He added that he                                                              
has not seen  any problem with thumbprints for  renewals that have                                                              
already  been done,  and he  does not  believe that  it will  be a                                                              
future  issue,  based  upon  what  the  department  has  observed.                                                              
Eliminating  the thumbprint requirement  is a  valid way  by which                                                              
the renewal process could be expedited.                                                                                         
                                                                                                                                
LIEUTENANT  HUDSON  discussed another  issue  arising  out of  the                                                              
permit application  process.  The  current requirement of  a sworn                                                              
statement under  a perjury  statute means  that an applicant  must                                                              
obtain a  notarized statement.  However,  he believes there  is no                                                              
need to  require a sworn  statement because under  Alaska Statute,                                                              
Title 28, the motor vehicle registration  law, when a person signs                                                              
the back  of the vehicle  registration it  says that a  person who                                                              
lies could  be charged with  unsworn falsification.   He suggested                                                              
DPS  could modify  its  handgun application  to  include the  same                                                              
stipulation  as Title  28,  which  would make  it  easier for  the                                                              
public and eliminate a little bit of work for renewals.                                                                         
                                                                                                                                
Number 0905                                                                                                                     
                                                                                                                                
LIEUTENANT HUDSON mentioned that  a major issue is competency.  He                                                              
indicated  the competency  requirement  was  established in  1995;                                                              
although he  is not sure how it  got worked into that  program, it                                                              
certainly  has proven  valid.   He  likened [not  having to  prove                                                              
handgun] competency  to obtaining a driver's license  without ever                                                              
stepping  behind the  wheel  of a  car and  demonstrating  driving                                                              
competency.     Although  initially  there  were   many  certified                                                              
[firearms] instructors  for the concealed handgun  permit program,                                                              
three or four seem to do the most  instruction; he has spoken with                                                              
them in the last  several weeks and with their  students, in order                                                              
to get a feel for how they are doing.                                                                                           
                                                                                                                                
LIEUTENANT  HUDSON  said  it  is  best stated  by  Joe  Nava  from                                                              
Fairbanks, who  in an  e-mail had indicated  he has trained  about                                                              
2300 students.   Lieutenant Hudson had asked whether  Mr. Nava had                                                              
ever had a problem  with a person not being able  to get a handgun                                                              
permit  based  on  Alaska's  competency  standard;  Mr.  Nava  had                                                              
responded that none of his students  had ever failed to qualify on                                                              
their  first try  because  he takes  the extra  time  to have  the                                                              
students shoot the weapons.  Lieutenant  Hudson commented that all                                                              
of  the other  instructors  with  whom he  had  spoken  - who  had                                                              
trained  thousands  of people  in  Alaska  -  feel the  same  way;                                                              
therefore,  there  is  no  issue  that  people  are  not  becoming                                                              
qualified  based on  the competency  requirement, and  instructors                                                              
feel that competency  is extremely important.   Whether [proof of]                                                              
competency  is  required  by  law  or  not,  the  instructors  had                                                              
indicated that they would still require it from their students.                                                                 
                                                                                                                                
LIEUTENANT HUDSON said many people  seem to think that eliminating                                                              
competency  from   the  program  is  a  panacea   for  reciprocity                                                              
agreements with states across the  nation; however, he thinks such                                                              
thinking is  a terrible  mistake because  people look at  Alaska's                                                              
program statutes and evaluate [the  program] on that basis.  If it                                                              
is assumed  that Alaska  instructors will  require competency  and                                                              
yet it is not stated in Alaska Statute,  then another state is not                                                              
going to  be able  to review  Alaska's law  and say, "These  folks                                                              
require  competency  and  so  do  we;  therefore,  we  will  grant                                                              
reciprocity."     He  recognized  that  unfortunately   there  are                                                              
probably  some  instructors  who  would  eliminate  competency  no                                                              
matter what,  if it were  not required  by statute, and  so Alaska                                                              
could potentially  have people who are carrying  firearms who have                                                              
not demonstrated competency.                                                                                                    
                                                                                                                                
Number 1082                                                                                                                     
                                                                                                                                
LIEUTENANT  HUDSON  observed that  there  seemed  to be  a  little                                                              
confusion about  action and  caliber type.   The law reads  that a                                                              
person  has to  demonstrate competency  with  the largest  caliber                                                              
weapon  or  action  type  that  the  person  is  going  to  carry.                                                              
However,  some instructors  tell students  to qualify  with a  .44                                                              
Magnum  revolver  and a  .45  semi-automatic pistol  because  that                                                              
allows the  student to  carry any lesser  caliber or  action type.                                                              
He  explained  that  no one  has  to  qualify  with a  .44  Magnum                                                              
revolver or a .45 semi-automatic  pistol.  If a person is small or                                                              
light - or  has small hands - and  wants to carry a .32  or a .22,                                                              
then that is all he/she needs to  shoot.  If smaller persons never                                                              
want to carry a .44 Magnum in their  belts or a .45 semi-automatic                                                              
in their  purses, they would be  well within the standards  of the                                                              
law, and it will not be an issue.                                                                                               
                                                                                                                                
LIEUTENANT  HUDSON indicated  that  he thinks  Alaska  is doing  a                                                              
disservice  [to  its  citizens] by  viewing  reciprocity  as  only                                                              
allowing  a  person from  another  state  to  carry a  firearm  in                                                              
Alaska.   He emphasized  that Alaska  should worry  about in  what                                                              
states Alaskans  can carry  firearms instead.   The way SB  294 is                                                              
written will not overcome the obstacles  to reciprocity because SB
294, in  eliminating the  competency requirement,  puts the  words                                                              
"similar to"  in its place.   He reminded the committee  that when                                                              
he  sees "similar  to" in  regard to  "successfully complete  some                                                              
type of  handgun or firearm safety  course," for example,  he then                                                              
has to  evaluate other  states to determine  if they  are "similar                                                              
to" and  "successfully complete  some type  of handgun  or firearm                                                              
safety course."                                                                                                                 
                                                                                                                                
LIEUTENANT HUDSON  noted that in Florida  a person can fill  out a                                                              
form, send in  information and obtain a Florida  concealed handgun                                                              
permit.   He recognized  that Florida also  says that one  thing a                                                              
person can  do to obtain a permit  is send a copy of  the person's                                                              
military DD214  (Department of Defense  form).  He does  not think                                                              
that anyone  would disagree  with him  that SB 294's  requirements                                                              
are not met by completing military  service and receiving a DD214,                                                              
he said.   He has more than  27 years of military service  and yet                                                              
never  carried a  firearm, although  he  was trained  to use  one;                                                              
consequently,  just because he  was in the  military and he  has a                                                              
DD214 to say that he has "successfully  completed ... a course" is                                                              
a stretch.  He stated that Alaska  does not want to take a program                                                              
that has demonstrated success - and  that citizens are comfortable                                                              
with - and detract from it in that fashion.                                                                                     
                                                                                                                                
LIEUTENANT  HUDSON reiterated that  SB 294,  as written,  will not                                                              
get Alaska where it wants to go.   He recalled that Senator Taylor                                                              
had wanted  to propose an amendment  that would allow  Alaskans to                                                              
carry their  concealed handguns  in other  states and then  Alaska                                                              
would  allow  [citizens  of]  those  states  to  carry  [concealed                                                              
weapons] in  Alaska.   He said true  reciprocity means  "I'll give                                                              
you mine if you'll give me yours."   He suggested it is imperative                                                              
that Alaska  do something to allow  Alaskans to carry  firearms in                                                              
other states  if they are  licensed and  so choose.   He commented                                                              
that Alaskans  call him to ask him  in what states they  can carry                                                              
their permits.                                                                                                                  
                                                                                                                                
LIEUTENANT HUDSON  explained that  even though the  National Rifle                                                              
Association  (NRA) web  page lists which  states recognize  Alaska                                                              
permit holders, he,  as program manager, cannot attest  to that or                                                              
put it  on the Alaska  Concealed Handgun  Permit Program  web site                                                              
because Alaska has no agreements  with those states.  He commented                                                              
that the  sergeant in charge of  the program in Arizona  said that                                                              
he would like to have a letter from  Lieutenant Hudson saying that                                                              
Alaska would  accept the  Arizona permit,  and Arizona  would give                                                              
Alaska  a comparable  letter.   However,  the  department has  not                                                              
written that  letter, and SB 294,  Section 13, as worded  does not                                                              
allow the  department to  do so.   Lieutenant Hudson  indicated he                                                              
had proposed  an amendment  for this statute  to say  Alaska would                                                              
accept  another state's  permit if  that  state accepted  Alaska's                                                              
permit, which  would allow  Alaska's citizens  to obtain  the best                                                              
service.                                                                                                                        
                                                                                                                                
Number 1593                                                                                                                     
                                                                                                                                
BRIAN  JUDY,   Alaska  State  Liaison   for  the   National  Rifle                                                              
Association (NRA),  testified via teleconference  from Sacramento,                                                              
California,  in support  of SB  294.   He said he  is speaking  on                                                              
behalf of NRA members who live in  Alaska and noted that there are                                                              
various issues in SB 294.  He explained  that the technical change                                                              
as  suggested  by the  legislative  council  to delete  the  sworn                                                              
statement requirement  is fine,  and Lieutenant Hudson  apparently                                                              
does not have a problem with that change.                                                                                       
                                                                                                                                
MR. JUDY commented  that there are a number of  process efficiency                                                              
issues that  Lieutenant Hudson  had talked  about, and  he assumes                                                              
that the  Department of Public Safety  (DPS) is receptive  to them                                                              
in  addition  to  the thumbprint,  the  sworn  statement,  trooper                                                              
participation  in courses,  allowing previous  photos for  renewal                                                              
and replacement,  extending the period for renewal,  and extending                                                              
the  validity  of  expired  permits  if  the  renewal  process  is                                                              
delayed.  He  mentioned that all of these are  good amendments and                                                              
would serve to make the process efficient.                                                                                      
                                                                                                                                
MR. JUDY  indicated three substantive  changes in addition  to the                                                              
above  are  being  made by  SB  294.    He noted  that  the  first                                                              
substantive  change -  and probably  one  of the  issues that  was                                                              
paramount in causing  this legislation to be brought  forward - is                                                              
clarification  of the requirements  for recognizing  other states'                                                              
permits.   When SB 141  became effective  in 1998, he  believes it                                                              
was the  legislative  intent that  quite a number  of states  with                                                              
issuance programs  similar to Alaska's would be  recognized in the                                                              
state,  he said.   After  the  law became  effective,  a list  was                                                              
promulgated by  DPS that included  17 states wherein  permits from                                                              
those states  would be recognized  in Alaska; then, at  some point                                                              
subsequent to that, staff changes occurred.                                                                                     
                                                                                                                                
MR. JUDY observed  that the initial list was  apparently repealed,                                                              
and up until just recently no state  was recognized.  He said such                                                              
restrictive recognition  was not intended by the  legislature, and                                                              
current language allows  a person to make an  interpretation along                                                              
any  lines.     He   reiterated   that  a  person   can  make   an                                                              
interpretation fairly  broad along the lines of  what was intended                                                              
with the 17 states  or come up with a list of  zero if every state                                                              
was required to  have a sworn application and  the exact arbitrary                                                              
competency standards.   He said someone  could go through  the law                                                              
and  make  it so  that  no  states  are recognized,  just  as  the                                                              
situation is today in Alaska.                                                                                                   
                                                                                                                                
MR.  JUDY suggested  that if  it  is clarified  that permits  from                                                              
other states  that have truly  comparable programs  are recognized                                                              
in Alaska,  then more people will  be "carrying" in  Alaska, which                                                              
is not  a bad thing.   He explained  that studies have  shown that                                                              
when law-abiding  citizens do carry a permitted  concealed weapon,                                                              
crime  is  lowered  because  criminals  realize  that  law-abiding                                                              
citizens  can  counteract  and  defend  themselves.    He  further                                                              
commented  that  if  Alaska recognizes  more  permits  from  other                                                              
states,  then Alaskans  will  automatically  have  the ability  to                                                              
carry in other  states because many states recognize  permits from                                                              
states that recognize their permits.                                                                                            
                                                                                                                                
Number 1844                                                                                                                     
                                                                                                                                
MR.  JUDY acknowledged  that  there  are problems,  as  Lieutenant                                                              
Hudson  had  described,  with  a  program  that  requires  written                                                              
agreements between  states.   He emphasized that  he has  had much                                                              
experience   dealing  with  many states  and  with many  different                                                              
types of reciprocity  or recognition programs.  He  had found that                                                              
whenever  a statute  is written  that  allows states  to sit  down                                                              
together and  work out  a deal for  reciprocity, nothing  happens.                                                              
He cautioned  the legislature  against doing  that type  of system                                                              
here because he  thinks that the end result will  be a recognition                                                              
system that recognizes no states, as Alaska does today.                                                                         
                                                                                                                                
MR. JUDY  suggested that  the best type  of program would  be like                                                              
Idaho's,  where they  just recognize  permits  from other  states,                                                              
period; as  time goes on, more  states that pass  concealed weapon                                                              
permit laws  result in  more states  recognizing Idaho's  permits.                                                              
He  again  proposed  that  if  Alaska  followed  Idaho's  example,                                                              
Alaskan  permit holders  would eventually  be  recognized in  many                                                              
states.                                                                                                                         
                                                                                                                                
MR.  JUDY said  a  second  issue is  deletion  of the  unused  and                                                              
unconstitutional municipal opt-out  provisions.  Currently, cities                                                              
and municipalities  can  put an issue  on the  ballot to  prohibit                                                              
concealed  carrying [of  handguns]  in their  municipalities.   He                                                              
commented that only  one municipality had attempted to  opt out in                                                              
the last  seven years,  which was  rejected by a  3-1 margin.   In                                                              
addition, Article 1, Section 19,  of the Alaska State Constitution                                                              
provides that  the individual  right to keep  and bear  arms shall                                                              
not be denied or infringed upon by  a political subdivision of the                                                              
state; therefore, he  suggested that if a city opted  out down the                                                              
road, the option  would very likely be thrown out  [of court].  He                                                              
indicated  the current  law would  be  cleaned up  if the  opt-out                                                              
provision were deleted.                                                                                                         
                                                                                                                                
Number 1981                                                                                                                     
                                                                                                                                
MR. JUDY  addressed the  deletion of  the competency  requirement.                                                              
He maintained  that the NRA is  the foremost advocate of  safe and                                                              
responsible  firearms use,  having had an  education and  training                                                              
division in place  since the 1930s; he feels that  the training is                                                              
very good.   He reminded the  committee that it should  be offered                                                              
and provided on  a voluntary basis since the NRA  does not believe                                                              
that  statutory mandates  are  necessary.   He  added  that it  is                                                              
interesting to  look at the range  of states that  allow concealed                                                              
carry[ing  of handguns],  including Vermont,  which does  not even                                                              
require a  permit to carry  a concealed weapon;  Washington, which                                                              
has no training requirement; Utah,  which requires familiarity but                                                              
does  not require  "live  fire"; and  Alaska,  which does  require                                                              
"live fire."  He said empirical evidence  from all of these states                                                              
is exactly the  same in that there is no problem  with law-abiding                                                              
citizens.                                                                                                                       
                                                                                                                                
MR. JUDY  said anybody  can lawfully carry  [a firearm]  openly in                                                              
Alaska right now.   No permit, fees, background  check or training                                                              
course is  needed.   He said  the NRA's  intent when pushing  this                                                              
legislation  to create a  concealed weapon  permit law  many years                                                              
ago  was that  if a  person can  carry  [firearms] openly,  he/she                                                              
should be able to [carry firearms]  concealed.  He suggested it is                                                              
not  logical  or  practical to  have  additional  restrictions  on                                                              
people  who  are voluntarily  going  through  backgrounds  checks,                                                              
fingerprinting  and  licensing.    He commented  that  ideally  no                                                              
training requirement  would exist, as is already  the situation in                                                              
other states,  where it works.   He mentioned that the  people who                                                              
are  carrying [handguns]  know  how to  use  them, and  Lieutenant                                                              
Hudson had said  nobody has ever failed to qualify  [for a handgun                                                              
permit].  He suggested that a government-mandated  training course                                                              
is  nothing more  than  an unnecessary  obstacle.    He urged  the                                                              
committee to support SB 294.                                                                                                    
                                                                                                                                
Number 2140                                                                                                                     
                                                                                                                                
PATRICK McKEEN  testified via  teleconference from Delta  Junction                                                              
in agreement with SB 294.  He said  he firmly believes that people                                                              
should  show  some  type  of  competency  before  obtaining  their                                                              
permits, and although he had much  experience before obtaining his                                                              
permit,  it had  done him no  harm to  go through  the course  and                                                              
learn  something  new.    He pointed  out  that  there  are  major                                                              
differences  between  the  actions  of  a  revolver  and  a  semi-                                                              
automatic,  and people  who know  how to use  one don't  necessary                                                              
know how to  use the other.   He specified that he would  like the                                                              
differences between  semi-automatic and  revolver to  remain noted                                                              
in SB 294.                                                                                                                      
                                                                                                                                
Number 2180                                                                                                                     
                                                                                                                                
MIKE CARLSON testified  via teleconference from  Delta Junction in                                                              
support of SB 294.  He indicated  that he would like to be able to                                                              
carry  [a handgun]  in  other  states because  he  does  a lot  of                                                              
traveling and  anything that can be  done to lessen the  burden of                                                              
obtaining  a permit  in other  states  should be  considered.   He                                                              
mentioned that if  Alaska has to accept other  states' permits, he                                                              
would like to see that done here  in order to carry [a handgun] in                                                              
other states.                                                                                                                   
                                                                                                                                
Number 2228                                                                                                                     
                                                                                                                                
DANIEL DAVIS testified  via teleconference from  Delta Junction in                                                              
agreement  with SB  294.   He remarked  that he  has a  "concealed                                                              
carry" permit  and appreciates  having it.   The training  that he                                                              
went through was  part refresher and part new,  and he appreciates                                                              
the training  he received.   He noted  that his training  had been                                                              
with  Mr. Joe  Nava, who  is an  excellent instructor  and has  an                                                              
excellent attitude.   He  said he agrees  with testimony  that day                                                              
and appreciates Lieutenant Hudson's  positive attitude towards the                                                              
program.   He said he  travels occasionally  in other  states and,                                                              
like Mr. Carlson, would like the  opportunity to carry [firearms].                                                              
He indicated  that he just  likes the  option in Alaska  but feels                                                              
that there is a greater need to carry  [firearms] in other states;                                                              
he would like to see reciprocity so that he can do so.                                                                          
                                                                                                                                
Number 2298                                                                                                                     
                                                                                                                                
DICK  BISHOP, Vice  President,  Alaska  Outdoor  Council (AOC),  a                                                              
state affiliate of  the NRA, said his association  supports SB 294                                                              
and  thinks five  years' experience  in implementing  the law  has                                                              
provided the basis  for needed improvements in the  law.  He noted                                                              
that since  Alaska's "concealed  carry"  law was implemented,  the                                                              
rates  of   several  types   of  violent   crimes  have   declined                                                              
significantly;   he  suggested   that  this   affirms  the   law's                                                              
appropriateness.  He also suggested  that SB 294 carries technical                                                              
cleanup  to  a logical  conclusion:    ensuring  that  law-abiding                                                              
citizens  can  obtain  a  concealed   carry  permit  with  minimum                                                              
requirements.                                                                                                                   
                                                                                                                                
MR. BISHOP  indicated it  is appropriate that  SB 294  makes clear                                                              
the standards for  recognizing concealed carry permits  from other                                                              
states.   He is concerned about  the issues that Mr.  Judy raised,                                                              
he said, in  that the legislature  may get into a "black  hole" in                                                              
trying to  effect written agreements  with other states,  and that                                                              
should be  taken into consideration  when reviewing  amendments to                                                              
SB 294.   He said no opportunity  for delay should be  provided in                                                              
reaching agreements with other states  as far as reciprocity goes.                                                              
                                                                                                                                
Number 2403                                                                                                                     
                                                                                                                                
MR. BISHOP recognized that competency  standards is an interesting                                                              
issue.  He  said all responsible  citizens want to make  sure that                                                              
people  who carry  firearms, whether  concealed or  not, are  well                                                              
enough versed  in firearm  safety that  they are  not a  hazard to                                                              
themselves  or others.   He added  that SB  294 provides  that the                                                              
required course  has to  be approved by  DPS, and it  does include                                                              
the NRA  personal protection  course, a very  good course  that is                                                              
the basis for much of the instruction  now; therefore, he does not                                                              
see  the need  for  additional  requirements  of competency.    He                                                              
suggested competency could be deleted  and requirements simplified                                                              
for people  without sacrificing  the assurance otherwise  provided                                                              
in  statute  for safety,  knowledge  and  ability  in the  use  of                                                              
firearms.  He said that with some  of these amendments, Alaska can                                                              
have a  safe, sound  and workable "concealed  carry" law,  and the                                                              
NRA does  appreciate the  provision in the  law that  assures that                                                              
people who  are permitted to  carry concealed [firearms]  will not                                                              
be precluded from doing so in municipalities.                                                                                   
                                                                                                                                
Number 2487                                                                                                                     
                                                                                                                                
CHAIR JAMES  explained that  she believed  that the original  law,                                                              
which  recognized  the  NRA  personal  protection  course  as  the                                                              
course, automatically  meant firing  and showing competency.   She                                                              
noted that the  cooperativeness of the DPS is an  advantage to the                                                              
legislature, she said, but she does  not want to be caught unaware                                                              
if a  new administration  comes in  and is  not so  understanding.                                                              
Chair  James   recalled  that  the  previous   administration  had                                                              
objected  to the original  "concealed  carry" law  but said  it is                                                              
easier for the  legislature now because there is  history to refer                                                              
to now  in regard  to such laws.   She  emphasized that  she would                                                              
like  to  have  the firing  provision  included  in  the  courses;                                                              
otherwise, she fears  that someone might not learn  firing because                                                              
it takes a little  more time.  She mentioned that  in order to cut                                                              
costs, some courses  may charge the same money and  yet put people                                                              
through  quickly, short-circuiting  the firing  portion, if  it is                                                              
not required by law.                                                                                                            
                                                                                                                                
CHAIR JAMES indicated that the handgun  license need not show what                                                              
the permittee is  qualified to carry because people  are not going                                                              
to carry  a firearm  that they are  not qualified  to shoot.   She                                                              
asked Mr.  Bishop if he would  object if competency  were required                                                              
as part of the  handgun course.  She emphasized that  it would not                                                              
be a requirement of people coming from another state.                                                                           
                                                                                                                                
Number 2622                                                                                                                     
                                                                                                                                
MR. BISHOP replied  that the NRA would not object  to a competency                                                              
requirement if the  scope or definition of competency  were clear.                                                              
He asked what competency would require;  how specific it would be;                                                              
how restrictive it  would be; and whether it would  require, as it                                                              
does now,  different actions and  calibers.  He  acknowledged that                                                              
identifying action  and caliber is  an advantage  regarding people                                                              
who are minimally  familiar with various kinds  of firearms; those                                                              
subjects are  covered well  in such  a course as  Joe Nava's.   He                                                              
suggested  that if  the requirement  of  competency remains  open-                                                              
ended in statute,  then there is room for much  difficulty because                                                              
the administration will take a very  conservative view in order to                                                              
ensure that nothing goes haywire with the program.                                                                              
                                                                                                                                
Number 2677                                                                                                                     
                                                                                                                                
CHAIR  JAMES agreed  with  Mr. Bishop.   She  said  she liked  the                                                              
classes because  the most  important part is  learning when  it is                                                              
proper to brandish  a gun, and how  to do it.  People  do not know                                                              
the  law, and  it is  very important  to know  when the  concealed                                                              
weapon can  be used;  however, her instinct  tells her  that there                                                              
have not  been problems  with people  who "carry concealed"  doing                                                              
wrong things.  She said the good  results tell her that people who                                                              
want to "carry concealed" either  already know how to use a gun or                                                              
are planning  to know how to use  a gun; she indicated  her belief                                                              
that  those people  are  not going  to go  out  in public  without                                                              
knowing how to use their guns.                                                                                                  
                                                                                                                                
CHAIR JAMES suggested the competency  requirement is not necessary                                                              
at  all;  however,  the  problem   is  getting  support  from  the                                                              
administration   to  obtain  this   kind  of  legislation.     She                                                              
reiterated  that   the  more   history  available  regarding   the                                                              
concealed carry law,  the more support it generates.   If she were                                                              
to support changes regarding competency,  it would be only to gain                                                              
public  acceptance.    She  asked   Mr.  Bishop  if  it  has  been                                                              
cumbersome, inefficient or a burden  to comply with the "concealed                                                              
carry" law as written.                                                                                                          
                                                                                                                                
Number 2778                                                                                                                     
                                                                                                                                
MR. BISHOP replied  that it is his impression  that the "concealed                                                              
carry"  legal requirements  have  not been  a burden  in terms  of                                                              
Alaskans being able to obtain a concealed  carry permit.  However,                                                              
the  difficulty seems  to come  in comparing  the requirements  of                                                              
Alaska to those of other states.                                                                                                
                                                                                                                                
CHAIR JAMES  said she understood  that.   She suggested it  is not                                                              
necessary to  indicate what action type  and so forth on  a permit                                                              
because she  believes that a person  will carry a gun  that he/she                                                              
knows  how to  use.    Having passed  the  test and  obtained  the                                                              
license is  enough for her.  She  noted that she has  an amendment                                                              
that  would leave  in  competence  with handguns  as  part of  the                                                              
course but  that does not define  what that means, and  she thinks                                                              
that should tell instructors that they must do something.                                                                       
                                                                                                                                
Number 2854                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN  asked Mr. Bishop  if he would agree  with the                                                              
statement that competency has more  to do with judgment than how a                                                              
person aims a gun.                                                                                                              
                                                                                                                                
MR. BISHOP  replied yes,  although he thinks  that people  have to                                                              
have some  basic exposure  and instruction  as to the  appropriate                                                              
ways to  handle firearms.                                                                                                       
                                                                                                                                
REPRESENTATIVE OGAN said he believed  gun control meant being able                                                              
to hit what a person shoots at.                                                                                                 
                                                                                                                                
MR. BISHOP  answered that he thought  it was like beauty,  "in the                                                              
eye of the beholder."                                                                                                           
                                                                                                                                
Number 2894                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUDSON  noted that  he  has viewed  competency  as                                                              
accuracy and being  able to shoot what a person is  aiming at.  He                                                              
wondered if the committee was ready to discuss the amendments.                                                                  
                                                                                                                                
CHAIR JAMES replied yes and reminded  the committee that Amendment                                                              
1  had been  passed  at the  last  committee meeting  on  4/13/00;                                                              
however,  a full  quorum  was lacking  [then],  so  she wanted  to                                                              
present  Amendment  1  again  for  full  committee  consideration.                                                              
Amendment 1 read as follows:                                                                                                    
                                                                                                                                
     Page 6, lines 13-14:                                                                                                       
          Delete "shall be submitted under oath and"                                                                            
          Insert "[SHALL BE SUBMITTED UNDER OATH AND]"                                                                          
                                                                                                                                
     Page 6, line 22:                                                                                                           
          Delete "and"                                                                                                          
                                                                                                                                
     Page 6, line 23:                                                                                                           
          Delete "[(5)]"                                                                                                        
          Insert "[AND (5)]"                                                                                                    
                                                                                                                                
     Page 6, line 23, following "AS 18.65.720":                                                                                 
          Insert "; and                                                                                                       
                    (5) the warning listed in                                                                                 
                    AS 18.65.710(a)(6)"                                                                                       
                                                                                                                                
PORTIA  PARKER, Legislative  Aide  to Senator  Lyda Green,  Alaska                                                              
State  Legislature,  explained that  Amendment  1  was to  confirm                                                              
other changes made  in SB 294 deleting the sworn  oath requirement                                                              
from the application  and renewal.  She noted that  the sworn oath                                                              
requirement was burdensome.                                                                                                     
                                                                                                                                
TAPE 00-35, SIDE B                                                                                                              
Number 2977                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN made a motion  to adopt Amendment 1 to SB 294.                                                              
There being no objection, it was adopted.                                                                                       
                                                                                                                                
Number 2943                                                                                                                     
                                                                                                                                
CHAIR  JAMES announced  there are  some  conceptual amendments  to                                                              
discuss; they are  a result of conversations with  DPS and some of                                                              
the  concerns she  has  heard.   She labeled  the  first of  those                                                              
conceptual  Amendment  2.   She  explained  that  it  conceptually                                                              
places the requirement  for demonstrated competence  with handguns                                                              
back into SB 294.  She commented  that it was just a selling point                                                              
with her.                                                                                                                       
REPRESENTATIVE  HUDSON suggested the  amendment should  say either                                                              
the "successful completion  of a handgun course" -  which he likes                                                              
and  would not  like  to see  totally  lost  out of  SB  294 -  or                                                              
"demonstrated  competence  with  handguns."    He  mentioned  that                                                              
demonstrated  competence  is probably  almost  the  same thing  as                                                              
successful completion  but, of  course, it would  be a  bona fide,                                                              
certified or qualified  training.  He indicated that  he knew many                                                              
people who he would like to make certain take a training course.                                                                
                                                                                                                                
Number 2852                                                                                                                     
                                                                                                                                
CHAIR  JAMES reassured  Representative Hudson  that the  amendment                                                              
[Amendment 2] does not remove that language from SB 294.                                                                        
                                                                                                                                
REPRESENTATIVE  HUDSON  said  the  amendment  does  take  out  the                                                              
"successful completion of a handgun course" if ....                                                                             
                                                                                                                                
CHAIR  JAMES replied  that the  amendment  does not  take out  the                                                              
language because  on page  3, lines 16  and 17, that  paragraph is                                                              
there  to exclude  "competence with  a  handgun" and  add in  "the                                                              
successful  completion  of a  handgun  course" instead,  but  that                                                              
"competence with handguns" is already somewhere else in SB 294.                                                                 
                                                                                                                                
Number 2837                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN  made  a  motion  to adopt  Amendment  2  for                                                              
purposes  of discussion;  he  mentioned one  of  the "deletes"  on                                                              
lines  16  and  17,  page  3.     He  noted  that  he  liked  what                                                              
Representative  Hudson had  said;  he agreed  that if  "successful                                                              
completion of a handgun course or  competence with  handguns" were                                                              
written in  the amendment,  that would give  DPS a little  "wiggle                                                              
room"  for   reciprocity.    He   emphasized  the   importance  of                                                              
reciprocity, and  he concurred with  testifiers who want  to carry                                                              
firearms in  other states, where  he himself feels less  safe than                                                              
in Alaska and would therefore like to carry firearms himself.                                                                   
                                                                                                                                
MS. PARKER  indicated Amendment 2  deletes the change  "successful                                                              
completion of a handgun course,"  but said she was not sure if the                                                              
sponsor intended to define "competency."                                                                                        
                                                                                                                                
CHAIR JAMES  replied no  and said Amendment  2 means  that courses                                                              
are to remain  as they are in  current law, not to  allow somebody                                                              
to  come in  and  give  a shorter  course  that does  not  include                                                              
everything that  the course  has now.   She mentioned that  DPS is                                                              
going to  certify the current course  anyway, but she is  not sure                                                              
DPS can do that if such authority is not written into SB 294.                                                                   
                                                                                                                                
Number 2790                                                                                                                     
                                                                                                                                
MS. PARKER remarked  that if it is the intent of  the committee to                                                              
leave the law  exactly the way it  is, then other changes  need to                                                              
be made, which probably can be done conceptually.                                                                               
                                                                                                                                
CHAIR  JAMES  affirmed  that  the  intent  is  to  let  competency                                                              
[standards] remain as written.  She  added that the committee does                                                              
not want action type and caliber to be part of the license.                                                                     
                                                                                                                                
MS.  PARKER observed  that if  the  committee wanted  to write  in                                                              
"submits evidence  of successful  completion of a  handgun course"                                                              
or  "provides  demonstration  of  competency  with  handguns,"  as                                                              
Representative Hudson  had mentioned, and to leave SB  294 the way                                                              
it was, that  would need to be  defined or it would be  defined by                                                              
DPS regulations.  She stated that  if the foregoing is the intent,                                                              
then her  explanation is  the way  to make  the change;  the other                                                              
option is to  write in "competence with handguns"  and define that                                                              
in statute but not require action type and caliber.                                                                             
                                                                                                                                
Number 2691                                                                                                                     
                                                                                                                                
CHAIR JAMES said  she understood and believes  that Representative                                                              
Hudson read  Amendment 2 as taking  out the course and  putting in                                                              
competency.    She suggested  Representative Hudson would  like to                                                              
have it read "either/or," not realizing  that Amendment 2 does not                                                              
do away with  the course.  She  said she does not want  to do away                                                              
with the  course either,  so having  the course  or competency  is                                                              
acceptable.   She explained  that  in this particular  case  it is                                                              
understood what the committee is going for.                                                                                     
                                                                                                                                
REPRESENTATIVE   OGAN  mentioned  that   he  had  suggested   that                                                              
Amendment  2 read  "successful completion  of  a handgun  course,"                                                              
which  is already  in the  law, or  "competence  with handguns  as                                                              
provided  in AS 18.65.715,"  so the  committee can  do one  or the                                                              
other.   He indicated  he had  asked for  some testimony  from the                                                              
administrator of the program as to  whether those words would help                                                              
with reciprocity.   He emphasized that he is looking  for a way to                                                              
address the concerns  of those who are worried  about "competency"                                                              
remaining in  SB 294  and ensuring  better reciprocity  with other                                                              
states.   He remarked  that if  Amendment 2  accomplishes what  he                                                              
wants,  he  would be  very  supportive  and  thinks it  would  win                                                              
support on the House floor.                                                                                                     
                                                                                                                                
Number 2596                                                                                                                     
                                                                                                                                
LIEUTENANT  HUDSON  indicated  that  he  is  afraid  that  if  the                                                              
language were to  read "successful completion of  a handgun course                                                              
or competence with handguns," that  might create some confusion as                                                              
to demonstrating  competency unless  DPS writes a  regulation that                                                              
requires "demonstration of competence"  versus what it is now.  He                                                              
agreed  that  such  a  regulation  would  allow  people  who  were                                                              
firearms instructors in the past  or shooters to exempt themselves                                                              
from actually  taking the firearms  course since the  course talks                                                              
about  the laws  and  "use of  force"  policy.   Nevertheless,  he                                                              
emphasized  that he is  afraid that  if "or"  is written  in, then                                                              
competence would  have to  be redefined to  mean knowledge  of the                                                              
law as  well as competence, because  competence probably can  be a                                                              
mental attitude but also involves  an accuracy issue in being able                                                              
to hit whatever a person is aiming at.                                                                                          
                                                                                                                                
Number 2516                                                                                                                     
                                                                                                                                
CHAIR  JAMES clarified  that she  meant  SB 294  to keep  Alaska's                                                              
requirements  in this  state exactly  as they  are except to  drop                                                              
action type  and caliber on the  handgun license.   She emphasized                                                              
that she  had not  wanted to affect  reciprocity in  SB 294.   She                                                              
remarked that  if other people do  not do it as Alaska  does, that                                                              
is not a  real problem, but she  wants Alaska to keep  its current                                                              
requirements.                                                                                                                   
                                                                                                                                
MS.   PARKER  suggested   it  does   not   matter  what   Alaska's                                                              
requirements  are because  the statute requires  four things  that                                                              
other  states must  meet  to carry  [firearms]  in  Alaska and  be                                                              
recognized  by Alaska.    She stated  her  understanding that  the                                                              
committee's intent  in presenting Amendment 2 was  to maintain the                                                              
handgun course  exactly the  same way except  for action  type and                                                              
caliber  requirements.    She recognized  that  the  NRA  personal                                                              
protection  course has always  required "live  fire" and  that the                                                              
students have shot on the range before  SB 294 ever appeared.  She                                                              
said she had  spoken with the bill sponsor about  Amendment 2, and                                                              
he did not think it was necessary but would not oppose it.                                                                      
                                                                                                                                
Number 2428                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN  asked  if   language  could  be  written  in                                                              
Amendment 2 that  would say "pass a handgun course  equivalency of                                                              
the NRA" because the NRA course has competency.                                                                                 
                                                                                                                                
CHAIR JAMES voiced  her understanding that such a  phrase had been                                                              
written into the original law and  she thought it was still there,                                                              
in which case she thought the committee was already protected.                                                                  
                                                                                                                                
MS. PARKER responded  that the law says that the  department shall                                                              
approve  a  handgun  course,  including  the  personal  protection                                                              
course offered  by the  NRA, if the  course tests the  applicants.                                                              
Then the  law lists four requirements:   knowledge of  Alaska law,                                                              
familiarity with  the basic concepts  of the safe  and responsible                                                              
use  of  handguns,  knowledge  of   self-defense  principles,  and                                                              
physical  competence with  each action  type of  handgun that  the                                                              
applicant  wishes  to  carry  under the  permit  and  the  maximum                                                              
caliber.                                                                                                                        
                                                                                                                                
Number 2381                                                                                                                     
                                                                                                                                
CHAIR JAMES asked whether SB 294 does the above.                                                                                
                                                                                                                                
Number 2353                                                                                                                     
                                                                                                                                
MS. PARKER  replied that SB 294  removes number 4 under  Section 7                                                              
and  then  writes  in "successful  evidence  of  completion  of  a                                                              
handgun course."                                                                                                                
                                                                                                                                
CHAIR JAMES agreed  and said SB 294 removes "the  certificate must                                                              
state the action  type and caliber of handgun," and  she does want                                                              
that  left out.   People  have  to obtain  a  permit for  whatever                                                              
handguns they  want to carry,  but SB 294  does not say  that they                                                              
are  qualified  in  any  particular action  or  caliber  on  their                                                              
licenses.  She said maybe Amendment 2 is not needed.                                                                            
                                                                                                                                
MS. PARKER  reminded the committee that  SB 294 does say  that the                                                              
course  has to  be approved  by DPS.   She  suggested perhaps  the                                                              
committee would  feel more comfortable  by writing  in "successful                                                              
completion  of a  handgun course  which  includes live  fire on  a                                                              
range,"  which  would make  it  clearer  that  the intent  was  to                                                              
include that requirement in the course.                                                                                         
                                                                                                                                
CHAIR JAMES said  she is almost convinced that Amendment  2 is not                                                              
needed.                                                                                                                         
                                                                                                                                
REPRESENTATIVE HUDSON agreed that it is not needed.                                                                             
                                                                                                                                
REPRESENTATIVE OGAN withdrew Amendment 2.                                                                                       
                                                                                                                                
REPRESENTATIVE OGAN made a motion  to adopt conceptual Amendment 3                                                              
to SB 294(JUD), which read:                                                                                                     
                                                                                                                                
     Delete lines 7-9, page 6                                                                                                   
                                                                                                                                
        (This deletes section 8 of the bill, removing any                                                                       
      appearance of state employees on state time competing                                                                     
     with commercial trainers.)                                                                                                 
                                                                                                                                
Number 2230                                                                                                                     
                                                                                                                                
CHAIR JAMES noted  that SB 294 says "a member of  the Alaska state                                                              
troopers may participate  in or conduct handgun  courses," and one                                                              
problem  here is  that DPS  has already  taken  the position  that                                                              
people  can  do that  on  their own  time.    She noted  that  the                                                              
existing administration  agrees that  a state  trooper on  his own                                                              
time may  train someone else, but  she feels nervous  after having                                                              
suffered   with  DPS   administration  before   the  present   DPS                                                              
administration;  therefore, she would  like to leave  the language                                                              
in SB 294 but DPS would like to have it removed.                                                                                
                                                                                                                                
Number 2178                                                                                                                     
                                                                                                                                
DEL  SMITH,  Deputy Commissioner,  Department  of  Public  Safety,                                                              
explained  that the  "concealed  carry" law  went  into effect  in                                                              
1995,  and   troopers   then  were  allowed   to  teach   firearms                                                              
instruction classes on their own  time.  He reminded the committee                                                              
that  in certain  parts  of the  state, the  trooper  is the  only                                                              
person available  to teach, so DPS  would not object;  however, he                                                              
does not believe it needs to be in statute.                                                                                     
                                                                                                                                
MR.  SMITH  commented   that  he  certainly  does   not  want  any                                                              
implication  that state  employees  might, on  state  time, be  in                                                              
competition with  private instructors,  and does not see  the need                                                              
for  it  in  statute.   He  suspects  that  there  is  always  the                                                              
potential with  the change of  administrations that  someone might                                                              
decide that  it is  a bad idea,  he said, but  by that  time there                                                              
will have been at  least eight years of this program.   He prefers                                                              
that the  trooper stipulation not  be in statute because  he would                                                              
hate for  one of  his troopers to  come to  him and quote  statute                                                              
saying  that  it   was  legal  for  the  trooper   to  make  money                                                              
instructing in firearms on state time.                                                                                          
                                                                                                                                
CHAIR JAMES  asked if  a trooper  could instruct  in firearms  off                                                              
duty.                                                                                                                           
Number 2144                                                                                                                     
                                                                                                                                
MR. SMITH  replied that  "off duty"  could be  written in,  but he                                                              
sincerely does not  see the need for it.  He  prefers that nothing                                                              
regarding troopers working be put in statute.                                                                                   
REPRESENTATIVE  OGAN said the  only reason  someone might  want to                                                              
keep the wording  is for areas of the state where  there might not                                                              
be a certified firearms instructor  and residents might like to be                                                              
able to  carry concealed [firearms].   He conceded that  Mr. Smith                                                              
had a point in that these people  could do this on their own time,                                                              
after hours, if they wish.                                                                                                      
                                                                                                                                
CHAIR  JAMES  noted  that  conversation   at  an  earlier  meeting                                                              
indicated  that  SB 294  would  allow  the  troopers to  get  some                                                              
revenue.  She explained that the  administration does not want the                                                              
troopers  to  be  doing  this and  charging  for  it  as  troopers                                                              
employed by the state.                                                                                                          
                                                                                                                                
Number 2048                                                                                                                     
                                                                                                                                
MR. SMITH  commented that  the money probably  would never  get to                                                              
the  department, so  he just  does not  think it  is a  reasonable                                                              
approach.   He reminded  the committee  that the department  would                                                              
potentially be  competing with private-sector  folks if  that were                                                              
the case, and presumably the person would be doing that on duty.                                                                
                                                                                                                                
REPRESENTATIVE   HUDSON  mentioned  that   if  the   committee  is                                                              
concerned about  troopers moonlighting, the phrase  "volunteer to"                                                              
could be added on line 8, page 6,  after the word "may"; that way,                                                              
the trooper  in  some cases  would be  able to train  people.   He                                                              
indicated  that  he does  not  see the  fear  or concern  of  this                                                              
tainting the public view of the trooper.                                                                                        
                                                                                                                                
CHAIR JAMES requested Mr. Smith's  response to the volunteer idea.                                                              
Number 1963                                                                                                                     
                                                                                                                                
MR. SMITH  agreed that all of  what Representative Hudson  said is                                                              
true; however, Mr. Smith does not  think it needs to be in statute                                                              
because the  troopers have  done very well  off duty for  the past                                                              
five years.   He informed the committee that he  had absolutely no                                                              
understanding of  where the notion  of a trooper working  on state                                                              
time came from, unless some trooper  did not want to do it and had                                                              
claimed that  his bosses would not  let him do it.   He emphasized                                                              
that no one has  ever called him and asked him  if a trooper could                                                              
do this.                                                                                                                        
                                                                                                                                
Number 1931                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER  asked if there  are troopers who  teach a                                                              
firearms course when they are off duty.                                                                                         
                                                                                                                                
MR. SMITH replied that he believes there are troopers who teach.                                                                
                                                                                                                                
LIEUTENANT  HUDSON acknowledged  that  he does  know troopers  who                                                              
have taught  the concealed  handgun permit  course.  For  example,                                                              
Trooper J.J.  Johnson in  Nome and  Sergeant Bartellini  in Bethel                                                              
have  taught  the firearms  course  in  their areas.    Lieutenant                                                              
Hudson added that  he has assisted in classes across  the state on                                                              
his own time, as indicated by the  deputy commissioner, and always                                                              
accepts an opportunity to stand in  front of a crowd of people who                                                              
are positive  toward law  enforcement.   Training by troopers  has                                                              
been done and  is being done, and  there is no reason  why it will                                                              
not continue if there is a need.                                                                                                
                                                                                                                                
CHAIR JAMES  said her experience  with the DPS  administration has                                                              
been good,  and DPS wants lines  7-9, page 6, deleted;  she thinks                                                              
the committee should remove those lines.                                                                                        
                                                                                                                                
Number 1860                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN  offered his view  that SB 294 is  saying that                                                              
an Alaska State Trooper is a qualified  instructor.  He noted that                                                              
if Representative  Hudson's language is added -  "may volunteer to                                                              
participate  in or  conduct  handgun  courses" -  then  SB 294  is                                                              
sanctioning  troopers as  instructors  in remote  parts of  Alaska                                                              
where there are no other instructors.                                                                                           
                                                                                                                                
CHAIR JAMES asked  whether the proposed wording  would prevent the                                                              
trooper from getting paid for performing instruction.                                                                           
                                                                                                                                
REPRESENTATIVE OGAN replied that he thought so.                                                                                 
                                                                                                                                
REPRESENTATIVE  WHITAKER  explained that  his  point  was that  if                                                              
these people  are already getting  paid for training on  their own                                                              
time, why  keep them from doing  that?  He suggested  the language                                                              
should just be deleted, leaving a system in place that works.                                                                   
                                                                                                                                
CHAIR JAMES  asked whether there  was any objection.   There being                                                              
no objection, conceptual Amendment 3 was adopted.                                                                               
                                                                                                                                
REPRESENTATIVE  HUDSON  offered   conceptual  Amendment  4  to  SB
294(JUD), which read:                                                                                                           
                                                                                                                                
     Amend AS  18.65.748 to read:   A person holding  a valid                                                                   
     permit  or license  to carry  a  concealed handgun  from                                                                   
     another state or political subdivision  of another state                                                                   
     is a permittee under AS 18.65.700(a)  for purposes of AS                                                                   
     18.65.700-18.65.765,  if  the  person  has not  been  in                                                                   
     Alaska  for more  than  120 consecutive  days;  provided                                                                   
     that  the state or  political subdivision  of the  state                                                                   
     that  issued the permit  or license  recognizes a  valid                                                                   
     Alaska   Concealed  Handgun   Permit  issued  under   AS                                                                   
     18.65.700.    The Alaska  State  Troopers shall  make  a                                                                   
     determination as  to which states will be  recognized in                                                                   
     Alaska and  provide that list  to every law  enforcement                                                                   
     agency within the state.                                                                                                   
                                                                                                                                
     (This  amendment  will  serve   to  increase  reciprocal                                                                   
     agreements with other states  and afford the citizens of                                                                   
     Alaska the opportunity to have  their permits recognized                                                                   
     when they are in jurisdictions outside Alaska.)                                                                            
                                                                                                                                
Number 1757                                                                                                                     
                                                                                                                                
MS. PARKER  pointed out  that the  sponsor opposes this  amendment                                                              
unless  some  minor  changes  are   made:    insertion  of  a  new                                                              
subsection  (b) on  page 8,  line 5,  after (4);  the addition  of                                                              
"permit holders from other jurisdictions  ... (a)" on page 7, line                                                              
23, Sec. 18.65.748;  and on page 8, line 5 at  the end of "records                                                              
search", the addition of "or".                                                                                                  
                                                                                                                                
MS.  PARKER explained  that the  sponsor of  SB 294  is trying  to                                                              
provide  two   options:     one  for   reciprocity  and   one  for                                                              
recognition.   That  recognition is  the same  for permit  holders                                                              
from other  states after  providing four  clear requirements  that                                                              
other states  must meet:  a  fingerprint check, completion  of the                                                              
firearm safety course,  being 21 years of age,  and being eligible                                                              
to possess  a firearm  under federal law.   She indicated  another                                                              
option is that  a person could be recognized under  reciprocity on                                                              
page  8, line  5,  new subsection  AS 18.65.748(b),  by  inserting                                                              
"will be  given reciprocity  with Alaska  and provide"  instead of                                                              
"which  states will  be recognized."   Thus,  SB 294  will have  a                                                              
section for reciprocity and recognition  that will give Alaska the                                                              
broadest availability of permit recognition  both in Alaska and in                                                              
other  states.   She emphasized  that the  sponsor supports  these                                                              
changes.                                                                                                                        
                                                                                                                                
Number 1620                                                                                                                     
                                                                                                                                
CHAIR JAMES directed members to page  8, line 3, and quoted:  "(3)                                                              
successfully  complete some  type  of handgun  or firearms  safety                                                              
course; and."   She asked if it  would be possible for  someone to                                                              
come to this state, perhaps from  Washington state, without having                                                              
qualified in a handgun course.                                                                                                  
                                                                                                                                
MS.  PARKER replied  that  it would  be allowed  if  there were  a                                                              
reciprocity agreement with Alaska.   However, if Washington state,                                                              
for  example, does  not require  a  handgun safety  course of  its                                                              
permit holders,  then the  person with  a Washington permit  would                                                              
not qualify  to carry  [a concealed  handgun]  in Alaska under  SB
294.                                                                                                                            
                                                                                                                                
CHAIR JAMES  remarked that  Alaskans cannot  carry in  Washington,                                                              
then.                                                                                                                           
                                                                                                                                
MS. PARKER  answered not  necessarily because  the right  to carry                                                              
[firearms]  depends   upon  whether  Washington   accepts  Alaskan                                                              
permits, and that is up to Washington.                                                                                          
                                                                                                                                
Number 1551                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN made a motion  to adopt the suggested changes.                                                              
                                                                                                                                
CHAIR  JAMES directed  members and  Lieutenant Hudson  to page  7,                                                              
line  23, where  it  says  "permit holders".    She  noted that  a                                                              
subsection (a)  is added;  and on page  8, line  5, at the  end of                                                              
"criminal records  search", an "or" is added,  and after paragraph                                                              
(4), a subsection (b) is added, which reads as follows:                                                                         
                                                                                                                                
     A person  holding a valid permit  or license to  carry a                                                                   
     concealed  handgun  from  another   state  or  political                                                                   
     subdivision  of another  state is a  permittee under  AS                                                                   
     18.65.700(a) for purposes of  AS 18.65.700-18.65.765, if                                                                   
     the  person has  not been in  Alaska for  more than  120                                                                   
     consecutive days;  provided that the state  or political                                                                   
     subdivision  of  the state  that  issued the  permit  or                                                                   
     license  recognizes  a valid  Alaska  Concealed  Handgun                                                                   
     Permit  issued under  AS 18.65.700.    The Alaska  State                                                                   
     Troopers shall  make a determination as to  which states                                                                   
     will be  recognized in Alaska  and provide that  list to                                                                   
     every law enforcement agency within the state.                                                                             
                                                                                                                                
Number 1422                                                                                                                     
                                                                                                                                
LIEUTENANT  HUDSON   said  it  sounds  as  if   it  will  increase                                                              
reciprocity  for Alaskan  citizens, and  it sounds like  something                                                              
the department would like to do.                                                                                                
                                                                                                                                
CHAIR JAMES  asked whether there  was any objection.   There being                                                              
none, Amendment 4 was adopted.                                                                                                  
                                                                                                                                
Number 1381                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN  made a  motion  to  move CSSB  294(JUD),  as                                                              
amended, out of committee with individual  recommendations and the                                                              
attached zero  fiscal note.   There being  no objection,  HCS CSSB
294(STA) moved from the House State Affairs Standing Committee.                                                                 
                                                                                                                                
HB 444-STATE GOVERNMENT ACTIVITIES                                                                                            
                                                                                                                                
CHAIR JAMES  announced the  next order of  business is  HOUSE BILL                                                              
NO. 444, "An  Act relating to nongovernmental  activities of state                                                              
agencies, including  the University  of Alaska; and  providing for                                                              
an  effective date."   [HB  44 was  sponsored by  the House  Rules                                                              
Committee, chaired by Representative John Cowdery.]                                                                             
                                                                                                                                
Number 1299                                                                                                                     
                                                                                                                                
ANNETTE DEAL,  Researcher to  Representative John Cowdery,  Alaska                                                              
State Legislature,  offered to explain  changes in Version  H, the                                                              
new proposed committee substitute (CS).                                                                                         
                                                                                                                                
REPRESENTATIVE OGAN made a motion  to adopt the proposed CS for HB
444,  version 1-LS1177\H,  Bannister,  4/13/00, as  a work  draft.                                                              
There  being  no objection,  proposed  CSHB  444, Version  H,  was                                                              
before the committee.                                                                                                           
                                                                                                                                
Number 1257                                                                                                                     
                                                                                                                                
MS.  DEAL  explained  that  the   original  bill  had  included  a                                                              
paragraph  on  page  5,  lines  6-10,  which  specified  that  the                                                              
competitive field  bidding process  would be used  if and  when an                                                              
agency decided  to hire a private  person to perform  an activity.                                                              
This paragraph  has now  been deleted from  the proposed CS.   She                                                              
mentioned that  all language  that pertains  to the University  of                                                              
Alaska was deleted because the university  does not fall under the                                                              
executive  branch  and has  a  very progressive  attitude  towards                                                              
identifying  outsourcing   possibilities.    She   indicated  that                                                              
paragraph (e) under  the "Challenge and appeal"  section, found on                                                              
page 4, line 9, was modified to include  allowance for a person to                                                              
appeal  a  decision  to  a  superior  court.    She  informed  the                                                              
committee  that  the allowance  already  applied,  but it  becomes                                                              
clear that everyone  has a constitutional right to  go to court by                                                              
adding this language.                                                                                                           
                                                                                                                                
Number 1124                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  made a motion  to move CSHB 444,  version 1-                                                              
LS1177\H,  Bannister, 4/13/00,  out of  committee with  individual                                                              
recommendations  and no fiscal  note.   There being no  objection,                                                              
CSHB  444(STA)  moved  from  the   House  State  Affairs  Standing                                                              
Committee.                                                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
State Affairs  Standing Committee  meeting was adjourned  at 10:00                                                              
a.m.                                                                                                                            
                                                                                                                                

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