Legislature(2003 - 2004)

03/27/2003 08:01 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 27, 2003                                                                                         
                           8:01 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bruce Weyhrauch, Chair                                                                                           
Representative Jim Holm, Vice Chair                                                                                             
Representative Nancy Dahlstrom                                                                                                  
Representative Bob Lynn                                                                                                         
Representative Paul Seaton                                                                                                      
Representative Ethan Berkowitz                                                                                                  
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 177                                                                                       
"An Act relating to concealed handguns."                                                                                        
                                                                                                                                
     - MOVED CSSSHB 177(STA) OUT OF COMMITTEE                                                                                   
                                                                                                                                
HOUSE BILL NO. 102                                                                                                              
"An Act relating to concealed deadly weapons."                                                                                  
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 127                                                                                                              
"An Act allowing certain roadside memorials to be placed within                                                                 
the right-of-way of a state highway."                                                                                           
                                                                                                                                
     - MOVED CSHB 127(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE CONCURRENT RESOLUTION NO. 5                                                                                               
Establishing a task force to make recommendations regarding a                                                                   
new design for the official seal of the State of Alaska.                                                                        
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 177                                                                                                                  
SHORT TITLE:CONCEALED HANDGUNS                                                                                                  
SPONSOR(S): REPRESENTATIVE(s) STOLTZE                                                                                           
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
03/07/03     0467       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/07/03     0467       (H)        STA, JUD                                                                                     
03/14/03     0540       (H)        SPONSOR SUBSTITUTE INTRODUCED                                                                
03/14/03     0540       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/14/03     0540       (H)        STA, JUD                                                                                     
03/17/03     0567       (H)        COSPONSOR(S): DAHLSTROM, HOLM                                                                
03/24/03     0623       (H)        COSPONSOR(S): GATTO                                                                          
03/27/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: HB 102                                                                                                                  
SHORT TITLE:CONCEALED DEADLY WEAPONS                                                                                            
SPONSOR(S): REPRESENTATIVE(s) CROFT                                                                                             
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/14/03     0215       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/14/03     0215       (H)        STA, JUD                                                                                     
02/19/03     0257       (H)        COSPONSOR(S): GATTO                                                                          
03/13/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
03/13/03                (H)        Scheduled But Not Heard                                                                      
03/27/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: HB 127                                                                                                                  
SHORT TITLE:ROADSIDE MEMORIALS                                                                                                  
SPONSOR(S): REPRESENTATIVE(s) WHITAKER                                                                                          
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/26/03     0304       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/26/03     0304       (H)        TRA, STA                                                                                     
03/06/03                (H)        TRA AT 1:30 PM CAPITOL 17                                                                    
03/06/03                (H)        Moved Out of Committee                                                                       
03/06/03                (H)        MINUTE(TRA)                                                                                  
03/07/03     0463       (H)        TRA RPT 3DP 2AM                                                                              
03/07/03     0463       (H)        DP: FATE, HEINZE, HOLM; AM:                                                                  
                                   KOHRING,                                                                                     
03/07/03     0463       (H)        MASEK                                                                                        
03/07/03     0464       (H)        FN1: ZERO(DOT)                                                                               
03/27/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE BILL STOLTZ                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as  sponsor of SSHB 177; testified                                                               
during the hearing on HB 102.                                                                                                   
                                                                                                                                
BRIAN JUDY, Alaska State Liaison                                                                                                
to the National Rifle Association (NRA)                                                                                         
and the Institute for Legislative Action                                                                                        
Sacramento, California                                                                                                          
POSITION  STATEMENT:     Testified  and  answered   questions  on                                                               
SSHB 177;  on behalf  of the  NRA,  testified in  support of  the                                                               
concept of HB 102.                                                                                                              
                                                                                                                                
REPRESENTATIVE ERIC CROFT                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified during  the hearing on  SSHB 177;                                                               
testified as sponsor of HB 102.                                                                                                 
                                                                                                                                
LORI BACKES, Staff                                                                                                              
to Representative Jim Whitaker                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB  127 to the committee on behalf                                                               
of Representative Whitaker, sponsor.                                                                                            
                                                                                                                                
RACHELLE DOWDY                                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified in  support  of HB  127 and  the                                                               
amendments adopted today.                                                                                                       
                                                                                                                                
SANDY GILLESPIE                                                                                                                 
POSITION STATEMENT:  Her testimony in  support of HB 127 was read                                                               
by Rachelle Dowdy.                                                                                                              
                                                                                                                                
JIM EDE                                                                                                                         
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Expressed concerns with HB 127.                                                                            
                                                                                                                                
ASA DOWDY                                                                                                                       
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 127.                                                                            
                                                                                                                                
BARBARA DOWDY, Member                                                                                                           
Fairbanks Chapter of Mothers Against Drunk Driving                                                                              
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 127 as amended.                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-30, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  BRUCE WEYHRAUCH  called the  House State  Affairs Standing                                                             
Committee  meeting  to  order  at   8:01  a.m.    Representatives                                                               
Weyhrauch, Holm, Seaton,  and Gruenberg were present  at the call                                                               
to  order.    Representatives   Dahlstrom,  Lynn,  and  Berkowitz                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
HB 177-CONCEALED HANDGUNS                                                                                                     
                                                                                                                                
Number 0040                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that the  first order of  business was                                                               
SPONSOR SUBSTITUTE  FOR HOUSE BILL  NO. 177, "An Act  relating to                                                               
concealed handguns."                                                                                                            
                                                                                                                                
Number 0099                                                                                                                     
                                                                                                                                
REPRESENTATIVE BILL STOLTZ, Alaska  State Legislature, sponsor of                                                               
SSHB  177, told  the committee  this straightforward  legislation                                                               
removes  an amendment  from statute  that was  enacted last  year                                                               
with  respect to  reciprocity agreements  with  other states  for                                                               
carrying concealed weapons; that  amendment, although presumed to                                                               
be innocuous,  had caused  other states  to not  accept [Alaska's                                                               
concealed weapon laws] because they  aren't compatible with their                                                               
own.    Furthermore,  SSHB  177   adds  language  to  direct  the                                                               
department  to work  towards  reciprocity  agreements with  other                                                               
states.                                                                                                                         
                                                                                                                                
Number 0294                                                                                                                     
                                                                                                                                
BRIAN  JUDY,   Alaska  State  Liaison   to  the   National  Rifle                                                               
Association (NRA) and the Institute  for Legislative Action, told                                                               
the committee  he was testifying on  behalf of both.   He said on                                                               
the  surface this  appears to  be  a substantive  change, but  is                                                               
really  a  technical change.    The  intent  is  to open  up  the                                                               
recognition of  Alaska concealed weapon permits  by other states.                                                               
Mr.  Judy noted  that  the  previous year's  SB  242, carried  by                                                               
Senator Robin Taylor, would basically  say that Alaska recognizes                                                               
permits from all other states;  it also would make other changes,                                                               
with the idea of trying get more states to recognize Alaska's                                                                   
permits.  He continued:                                                                                                         
                                                                                                                                
     The more  that Alaska recognizes, the  more we're going                                                                    
     to be able  to have Alaska permits  recognized in those                                                                    
     other  states  because  of a  lot  of  the  reciprocity                                                                    
     agreements.  So that's the  intent of this bill, and it                                                                    
     does it  in two ways.   First  of all, it  requires the                                                                    
     Department  of  Public  Safety   [DPS]  to  enter  into                                                                    
     reciprocity agreement[s].   Now, this  commissioner has                                                                    
     already, pretty actively, started  doing that.  We just                                                                    
     want to codify it, so it's in place for the future.                                                                        
                                                                                                                                
     I've  talked to  them about  this.   They don't  have a                                                                    
     problem  with that.   They  did ask  that there  be one                                                                    
     amendment, which  we don't  have a  problem with.   And                                                                    
     that amendment would  be to clarify --  because it does                                                                    
     say  that   the  DPS   shall  enter   into  reciprocity                                                                    
     agreements  with other  states.   Now,  there are  some                                                                    
     states,  like Washington,  for  instance, that  doesn't                                                                    
     recognize  other  states'  permits.   So,  they're  not                                                                    
     going to enter  into a reciprocity agreement.   So DPS,                                                                    
     just as  a technical issue,  doesn't want to  be forced                                                                    
     to  make agreements  with states  that aren't  going to                                                                    
     make agreements with them.   So, they asked if we would                                                                    
     be willing to do that, and we indicated yes.                                                                               
                                                                                                                                
     The  other thing  this  bill does  is,  it repeals  the                                                                    
     language  that Representative  Stoltz is  talking about                                                                    
     that was added on to SB  242 at the very end of session                                                                    
     last year. ... There was  a concern raised on the floor                                                                    
     that people who  had had a permit revoked  or denied in                                                                    
     Alaska  could go  outside the  state, get  a permit  in                                                                    
     another  state, and  then come  back in  and have  that                                                                    
     permit recognized in the State of Alaska.                                                                                  
                                                                                                                                
Number 0513                                                                                                                     
                                                                                                                                
MR. JUDY continued:                                                                                                             
                                                                                                                                
     One of  the points  of that  bill was  to get  Texas to                                                                    
     recognize Alaska permits.   There was another provision                                                                    
     in the law  that Alaska said was  more restrictive than                                                                    
     their  recognition  law,  so  they  wouldn't  recognize                                                                    
     Alaska.  Well,  we didn't think that  the amendment was                                                                    
     going to  cause us  any problems.   We didn't  think it                                                                    
     was  an  issue;  we  think it's  highly  unlikely  that                                                                    
     anybody  who has  a permit  denied or  revoked in  this                                                                    
     state  is going  to travel  out somewhere  else, get  a                                                                    
     permit, and then carry in  Alaska.  But we didn't think                                                                    
     it  was  an  issue,  didn't  think  it  would  cause  a                                                                    
     problem, so we accepted the amendment.                                                                                     
                                                                                                                                
MR.  JUDY referred  to a  handout  in the  committee packet  that                                                               
relates to  the Texas  Department of  Public Safety's  refusal to                                                               
recognize  Alaska  permits   because,  technically,  Alaskan  law                                                               
regarding  recognition is  more restrictive  than the  Texas law.                                                               
He  remarked,  "If  you  repeal  this  language,  it's  going  to                                                               
automatically open  the door for  Texas to recognize  Alaska, and                                                               
probably some other states, too."                                                                                               
                                                                                                                                
CHAIR  WEYHRAUCH  asked  if  [the  bill]  would  reduce  Alaska's                                                               
requirements to those of Texas.                                                                                                 
                                                                                                                                
MR. JUDY  answered no; Alaska  currently recognizes  permits from                                                               
all  other states.    He said  Texas is  refusing  to enter  into                                                               
agreement  because   Alaska  "puts   this  ...  proviso   on  the                                                               
recognition of other states."  He  said it would be unlikely that                                                               
an Alaskan would  travel to Texas to get a  Texas permit and then                                                               
attempt to carry it in Alaska.                                                                                                  
                                                                                                                                
Number 0670                                                                                                                     
                                                                                                                                
MR.  JUDY said  there are  only 35  denials and  revocations each                                                               
year in  Alaska.   He said, "Most  of those are  going to  be for                                                               
issues that  are going to  prevent a  person from being  issued a                                                               
permit  in another  state."   He  said the  bottom  line is  that                                                               
[SSHB 177] won't provide  a substantive change to  Alaska law and                                                               
won't create problems, but will  open the door for recognition of                                                               
Alaska permits  in other states.   In  response to a  question by                                                               
Representative Gruenberg,  he said the  reason for the  change in                                                               
Section 1 was because of the Texas letter refusing reciprocity.                                                                 
                                                                                                                                
Number 0717                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG said he  doesn't interpret the letter in                                                               
the  committee packet,  written by  Thomas A.  Davis, Jr.,  dated                                                               
June 28, 2002, as  saying that.  He referred to  a portion of the                                                               
letter that read:  "After  reviewing both statutes, we are trying                                                               
to  determine if  Alaska will  recognize all  licenses issued  by                                                               
Texas.   For instance, if Texas  and Alaska were to  enter into a                                                               
reciprocity  agreement,  would  Alaska  recognize  the  following                                                               
Texas  concealed  handgun  licenses".   Representative  Gruenberg                                                               
said this  raises a  number of questions,  but doesn't  say Texas                                                               
won't recognize  reciprocity with  Alaska because of  the current                                                               
amendment to AS 18.65.748; it simply asks a question.                                                                           
                                                                                                                                
MR. JUDY drew  attention to the response from DPS  back to Texas,                                                               
a  fax written  by Lieutenant  Julia  P. Grimes  that says  under                                                               
certain  circumstances  Alaska  will   not  recognize  the  Texas                                                               
permit.  As a result, Texas had  responded - but not in writing -                                                               
that it wouldn't enter into reciprocity with Alaska.                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG  emphasized  that  nothing  in  writing                                                               
confirms  Texas's response  or  says Alaska  needs  to amend  its                                                               
statute.  He explained:                                                                                                         
                                                                                                                                
     It  seems to  me  that it  was  an entirely  reasonable                                                                    
     thing to  amend it as Alaska  did - that we  don't want                                                                    
     to license people,  you know, have people  come back to                                                                    
     us, trying to  get around - like you  have some reason,                                                                    
     as a felony,  conviction, or something -  and then they                                                                    
     go to another  state, get licensed there,  and then say                                                                    
     you've  got   to  recognize  it   here.     That  would                                                                    
     circumvent the  Alaska law,  and it  would not  be good                                                                    
     public policy to  allow that kind of a person  to get a                                                                    
     permit here.   I can't imagine that  would be something                                                                    
     that Texas would not allow.                                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG said  he'd like to know,  on the record,                                                               
who said this  and what authority that person has.   He indicated                                                               
he thought the stated response didn't sound logical.                                                                            
                                                                                                                                
MR. JUDY said, "I agree with you."                                                                                              
                                                                                                                                
REPRESENTATIVE  STOLTZ asked  if there  is any  state in  which a                                                               
person with a felony could possess a concealed-carry permit.                                                                    
                                                                                                                                
Number 1034                                                                                                                     
                                                                                                                                
MR. JUDY told Representative Gruenberg  that Texas is being "very                                                               
bureaucratically nitpicky."  He continued:                                                                                      
                                                                                                                                
     You're   right;   this   sounds   like   a   reasonable                                                                    
     restriction,  which is  why we  didn't  have a  problem                                                                    
     with it  when it  was offered.   Like  I said,  we felt                                                                    
     that  it   was  highly  unlikely  that   one  of  these                                                                    
     individuals -  one of  these 35 people  a year  that is                                                                    
     either revoked  or denied -  is going to go  to another                                                                    
     state and  to try to circumvent  that law, particularly                                                                    
     when  they can  carry openly  in Alaska.   And  I think                                                                    
     it's about as  likely that a Texas permit  is not going                                                                    
     to be recognized by Alaska.  But that's the reality.                                                                       
                                                                                                                                
MR.   JUDY,  in   response  to   questions  from   Representative                                                               
Gruenberg,  said  he  hasn't  spoken  to  [Mr.  Davis],  who  has                                                               
corresponded with Ms. Grimes.                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked if  Ms. Grimes  was present.   He                                                               
emphasized that  he would like  more proof than  "double hearsay"                                                               
that there  is a  problem to be  solved before  [the legislature]                                                               
repeals what he considers an important protection in Alaska law.                                                                
                                                                                                                                
Number 1161                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  asked if  there are  reciprocity agreement                                                               
problems with any state other than Texas.                                                                                       
                                                                                                                                
REPRESENTATIVE  SEATON answered,  "We're  trying  to enhance  the                                                               
reciprocity agreements  with all  states."   He noted  that Texas                                                               
has  concealed-carry  permits.    He opined  that  many  Alaskans                                                               
travel to  Texas and  probably have  a good  reason to  feel they                                                               
need a concealed-carry permit in some of the venues there.                                                                      
                                                                                                                                
REPRESENTATIVE SEATON alluded to  a list labeled "PERMIT ISSUANCE                                                               
CRITERIA FOR STATES WHICH ISSUE  CONCEALED WEAPON PERMITS TO NON-                                                               
RESIDENTS (As compared to  Alaska's qualifications)," included in                                                               
the committee  packet.  He pointed  out that Texas isn't  on that                                                               
list.  He asked if [Texas] has requirements similar to Alaska's.                                                                
                                                                                                                                
MR. JUDY  clarified that  the list he'd  provided shows  only the                                                               
eleven  states that  issue permits  to nonresidents,  which Texas                                                               
doesn't do.  Thus an Alaskan wouldn't  go to Texas to get a Texas                                                               
permit.  He continued as follows:                                                                                               
                                                                                                                                
     See, the  argument was that without  this language that                                                                    
     we're suggesting  be repealed,  an Alaskan who's  had a                                                                    
     permit, denied or revoked, can  travel to another state                                                                    
     and be issued a permit  by another state.  Now, there's                                                                    
     only  eleven states  that issue  to nonresidents.   And                                                                    
     for your  information and trying  to raise  the comfort                                                                    
     level, I  provided you with  the issuance  criteria for                                                                    
     those eleven  states.   Four of them  you can  take off                                                                    
     right now,  because they're  not going  to issue:   you                                                                    
     either have to have a  business in that state, you have                                                                    
     to  have  a  local  background check.    So,  of  those                                                                    
     eleven, four really aren't a possibility.                                                                                  
                                                                                                                                
     So, in reality,  there are seven states  out there that                                                                    
     an Alaskan could go to  be issued a nonresident permit.                                                                    
     And if you look at  the criteria in those seven states,                                                                    
     they  are  generally  as   restricted,  if  [not]  more                                                                    
     restricted than Alaska.   So, the chance  of an Alaskan                                                                    
     who's  had a  permit denied  or revoked,  you have  two                                                                    
     issues:  What's  the chance they're going to  go out of                                                                    
     state to  try to get  another permit?  I  would suggest                                                                    
     that it's pretty  remote.  But if they do  go to one of                                                                    
     those  seven states,  what's  the  chance that  they're                                                                    
     going to issued  a permit, if they don't  qualify for a                                                                    
     permit in Alaska?  It's virtually impossible.                                                                              
                                                                                                                                
Number 1346                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON   said  he   appreciates  that,   but  the                                                               
discussion is  about reciprocity agreements.   He asked  Mr. Judy                                                               
if  he had  the requirements  for a  concealed-handgun permit  in                                                               
Texas.                                                                                                                          
                                                                                                                                
MR. JUDY  said not immediately  available, but it's  not relevant                                                               
to  this  debate.   He  clarified  that Alaska  recognizes  Texas                                                               
permits under existing  Alaska law.  He said,  "What we're simply                                                               
trying to  do under  this bill  is, if  we repeal  that language,                                                               
then it will  take away the restriction that's  imposed by Alaska                                                               
on the  recognition of Texas  permits."  Repealing  that language                                                               
will  automatically open  the  door  for Texas  to  enter into  a                                                               
reciprocity agreement with Alaska.   He clarified that [SSHB 177]                                                               
will allow the recognition of Alaska  permits in Texas.  He added                                                               
that this  is a bill  to benefit Alaskan concealed  weapon permit                                                               
holders.                                                                                                                        
                                                                                                                                
Number 1438                                                                                                                     
                                                                                                                                
REPRESENTATIVE ERIC CROFT, Alaska  State Legislature, referred to                                                               
the  two  aforementioned  letters  [between  Mr.  Davis  and  Ms.                                                               
Grimes].   He said it  seems they  establish what the  problem is                                                               
that  Representative Stoltz's  bill tries  to correct.   He  said                                                               
he'd attempted  during the past  summer in  his office to  get to                                                               
the  bottom of  this.   He said  Mr. Davis,  in his  letter, asks                                                               
Alaska what  it would do  in three hypothetical  situations; that                                                               
part read  as follows [original punctuation  provided, but format                                                               
changed]:                                                                                                                       
                                                                                                                                
     1)  if  the Texas licensee is currently  eligible for a                                                                    
     Texas license, but  not an Alaska permit  and has never                                                                    
     applied for an Alaska permit;                                                                                              
                                                                                                                                
     2)  if  the Texas licensee is currently  eligible for a                                                                    
     Texas license, but not an  Alaska permit and has had an                                                                    
     application in Alaska rejected or  had a permit revoked                                                                    
     or suspended by Alaska;                                                                                                    
                                                                                                                                
     3)  if  the Texas licensee is currently  eligible for a                                                                    
     Texas license and  an Alaska permit but  applied for an                                                                    
     Alaska  permit  when  he  was   not  eligible  and  was                                                                    
     rejected, or  had an Alaska  permit revoked  because he                                                                    
     was not eligible at the time.                                                                                              
                                                                                                                                
REPRESENTATIVE  CROFT  said  the  first  of  three  is  "an  okay                                                               
situation,"  but  the other  two  are  problematic for  the  very                                                               
reason this bill  corrects.  He referred to the  beginning of the                                                               
third paragraph of the response  [faxed] letter from [Ms. Grimes]                                                               
of DPS, which read, "We would  not recognize a Texas permit under                                                               
the other  two circumstances you  listed.  Based on  the language                                                               
of our new law, no reciprocity agreement is needed."                                                                            
                                                                                                                                
REPRESENTATIVE CROFT  said he hadn't  spoken with Mr.  Davis, but                                                               
had spoken  with Ms. Grimes,  with the Texas  NRA representative,                                                               
and with Brian Judy, among others.   He mentioned the root of the                                                               
problem   regarding   the    hypothetical   [situations]   posed.                                                               
Referring   again   to   the   letters,   he   said   the   third                                                               
[correspondence,  not available]  is Texas  saying that  based on                                                               
Alaska's  response  to  the  first  letter,  it  will  not  do  a                                                               
reciprocity agreement with Alaska.                                                                                              
                                                                                                                                
Number 1583                                                                                                                     
                                                                                                                                
REPRESENTATIVE   GRUENBERG   questioned   that   conclusion   and                                                               
suggested  the possibility  that [Texas]  would find,  because of                                                               
the unique  wording of the Alaska  law, that it would  still have                                                               
reciprocity.  He explained:                                                                                                     
                                                                                                                                
     A person wants to get a  permit in Texas, but they were                                                                    
     not  eligible   in  Alaska;  ...  that's   at  least  a                                                                    
     possibility.   That  wouldn't  necessarily cause  Texas                                                                    
     not  to  enter  into  a reciprocity  ...  agreement  in                                                                    
     Alaska.   I  would like  to have  a definite  answer to                                                                    
     that   question,  because   this   is   just  kind   of                                                                    
     preliminary discussion.                                                                                                    
                                                                                                                                
Number 1620                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked Mr.  Judy if Ms.  Grimes actually                                                               
held  a  conversation  with  Mr.  Davis  and  whether  Mr.  Davis                                                               
definitely  said   Texas  wouldn't   enter  into   a  reciprocity                                                               
agreement  with  Alaska.    He  asked  if  [Mr.  Davis]  has  the                                                               
authority to make that decision and  if he got a legal opinion to                                                               
that effect, or whether his  response was a preliminary, off-the-                                                               
cuff response.                                                                                                                  
                                                                                                                                
MR.  JUDY replied,  "That's my  understanding."   He said  he has                                                               
been addressing  the issue for at  least three or four  years; as                                                               
the state liaison  for Alaska, one of the things  he is trying to                                                               
do  is work  for Alaskan  firearms owners.   The  whole issue  of                                                               
weapons  permits,  reciprocity,  and  recognition is  a  big  one                                                               
because people with  permits want to be able to  "carry" in other                                                               
states when  they travel.  In  order to serve his  membership, he                                                               
said, he is trying to get  Alaska's permits recognized in as many                                                               
other states as possible.                                                                                                       
                                                                                                                                
MR. JUDY  highlighted what he  called another glitch in  the law:                                                               
until last year, Alaska only  recognized out-of-state permits for                                                               
120 days.   That is what SB  242 was trying to  correct, he said,                                                               
adding that  it was the  "hook that  Texas was hanging  their hat                                                               
on."  He continued as follows:                                                                                                  
                                                                                                                                
     So, we repealed  that.  And at the  eleventh hour, this                                                                    
     language  was suggested  because of  this concern  that                                                                    
     was  raised, and  we  felt, "Okay,  well  that's not  a                                                                    
     problem."   But in  reality -  and I  don't have  it in                                                                    
     writing -  ... if  you go  look at  the Alaska  DPS web                                                                    
     site, there's  no reciprocity agreement  between Alaska                                                                    
     and Texas.   And  the reality is,  it's because  of the                                                                    
     fact   that   there's   that  restriction,   then,   as                                                                    
     Representative Croft  pointed out:   a couple  of these                                                                    
     hypothetical  scenarios  would   cause  Alaska  not  to                                                                    
     recognize a  Texas permit.   That's the reality.   This                                                                    
     bill fixes that.                                                                                                           
                                                                                                                                
Number 1785                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH pointed  out that  the bill's  title is  "An act                                                               
relating  to concealed  handguns," whereas  it really  relates to                                                               
reciprocity  agreements  with  other states  to  carry  concealed                                                               
handguns.   He  asked  Representative  Stoltz if  it  might be  a                                                               
problem to have such a broad title.                                                                                             
                                                                                                                                
REPRESENTATIVE STOLTZ  responded that  he doesn't  think so.   He                                                               
added, "I would  be happy if there was an  outburst of pro-Second                                                               
Amendment activity in both bodies  that did more pro-gun stuff on                                                               
this."                                                                                                                          
                                                                                                                                
CHAIR  WEYHRAUCH asked,  "Is there  any way  to get  any of  that                                                               
testimony ...  nailed down [regarding]  this issue  between Texas                                                               
and Alaska, at least to move it aside so it's not a concern?"                                                                   
                                                                                                                                
REPRESENTATIVE  STOLTZ  said  yes.     He  noted  [Representative                                                               
Gruenberg]  is also  a  member of  the  House Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
Number 1918                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  he   would  not  oppose  [moving                                                               
SSHB 177 from committee].  He  asked if Mr. Judy would coordinate                                                               
a discussion  between Mr. Davis  and any legislators who  want to                                                               
participate  before the  bill  is heard  in  the House  Judiciary                                                               
Standing Committee.   He said an expert in Alaska  law is needed.                                                               
He continued as follows:                                                                                                        
                                                                                                                                
     It doesn't  say, on the face  of our law that  you want                                                                    
     to repeal, why people would  not be eligible in Alaska.                                                                    
     But if  they're not eligible because  they're convicted                                                                    
     felons, et  cetera, et cetera,  that would  probably be                                                                    
     consistent with  Texas.  And  it may very well  be that                                                                    
     this  thing  can  be   cured  without  this  particular                                                                    
     legislative  fix.   I certainly  have  no problem  with                                                                    
     Section 2  in the bill,  and I  just want us  to really                                                                    
     know what we're doing here.                                                                                                
                                                                                                                                
MR.  JUDY   responded  that  he'd   be  happy  to   work  through                                                               
Representative Gruenberg's office to address the issue.                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he  wants the  issue clear  on the                                                               
record.                                                                                                                         
                                                                                                                                
Number 1985                                                                                                                     
                                                                                                                                
REPRESENTATIVE STOLTZ  began discussion of a  possible amendment.                                                               
He  asked Chair  Weyhrauch  if the  current  committee wished  to                                                               
address the technical change in Section 2 regarding reciprocity.                                                                
                                                                                                                                
MR. JUDY clarified that it would  be something along the lines of                                                               
the following:   "The department  shall enter  into [reciprocity]                                                               
agreements with other states that  are authorized [to enter] into                                                               
agreements."    He explained  that  DPS  had raised  the  concern                                                               
regarding  the requirement  that  it enter  into agreements  with                                                               
other states, when some states don't enter into agreements.                                                                     
                                                                                                                                
REPRESENTATIVE  STOLTZ said,  for  example,  that the  department                                                               
wouldn't  be making  [agreements]  with California  or New  York,                                                               
which don't have concealed-carry permits.                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  if  the  current  language  [in                                                               
SSHB 177] is sufficient from the department's point of view.                                                                    
                                                                                                                                
MR. JUDY  replied that  [the department] had  asked for  a slight                                                               
modification so that  it isn't mandated to  enter into agreements                                                               
with states that don't enter into agreements.                                                                                   
                                                                                                                                
Number 2098                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH asked Representative  Stoltz to confirm that this                                                               
discussion follows a suggestion from DPS.                                                                                       
                                                                                                                                
REPRESENTATIVE STOLTZ  said yes.   He  said the  bill illustrates                                                               
the laws  of unintended consequences.   He said he  wouldn't want                                                               
the department  to have to  use its resources  to try to  help an                                                               
Alaskan get a permit in another  state where it isn't possible to                                                               
do so.                                                                                                                          
                                                                                                                                
Number 2128                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  if the  department  would  like                                                               
language  added  that would  read,  for  example, "if  the  other                                                               
states have laws that permit this".                                                                                             
                                                                                                                                
MR. JUDY responded, "Something along those lines."                                                                              
                                                                                                                                
CHAIR WEYHRAUCH  offered the following conceptual  amendment:  On                                                               
page 1, line  13, after the word "states", insert  "that have the                                                               
legal authority to enter such agreements".                                                                                      
                                                                                                                                
REPRESENTATIVE STOLTZ commented,  "I see nodding from  the man on                                                               
my left and all around the room."                                                                                               
                                                                                                                                
CHAIR   WEYHRAUCH  announced   that   the  foregoing   conceptual                                                               
amendment  would  be  added  to   a  committee  substitute.    He                                                               
clarified  that   [lines  13-14,   with  the  inclusion   of  the                                                               
conceptual amendment] would read as follows:                                                                                    
                                                                                                                                
        (b)  The department shall enter into reciprocity                                                                        
        agreements with other states that have the legal                                                                        
     authority to enter such agreements so that permittees                                                                      
     may carry concealed handguns in those other states.                                                                        
                                                                                                                                
Number 2240                                                                                                                     
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to  report SSHB 177,  as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying   fiscal   note.     There   being   no   objection,                                                               
CSSSHB 177(STA)  was  reported  from   the  House  State  Affairs                                                               
Standing Committee.                                                                                                             
                                                                                                                                
HB 102-CONCEALED DEADLY WEAPONS LEGAL                                                                                         
                                                                                                                                
[Contains discussion of SSHB 177]                                                                                               
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the next  order of  business was                                                               
HOUSE  BILL  NO.  102,  "An  Act  relating  to  concealed  deadly                                                               
weapons."                                                                                                                       
                                                                                                                                
Number 2295                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ERIC CROFT,  Alaska  State Legislature,  sponsor,                                                               
told  Chair   Weyhrauch  he  appreciates   that  both   SSHB  177                                                               
[sponsored by  Representative Stoltz] and HB 102  are being heard                                                               
on the  same schedule  because they  "were born  out of  the same                                                               
frustration."  He  said he has seen two  or three concealed-carry                                                               
bills during  his short  time in  the legislature.   He  said his                                                               
involvement  on  the bill  includes  working  on the  reciprocity                                                               
issue over the summer, trying to  talk to the Texas Department of                                                               
Public  Safety, participating  in  "the debate  that  led to  the                                                               
amendment that we're being forced  to correct in the prior bill,"                                                               
and meeting  with Representative Stoltz  on [SSHB 177].   He said                                                               
he'd left  the meeting with  Representative Stoltz  thinking that                                                               
"this  was  entirely  too  complicated  and  too  restrictive  of                                                               
Alaskans' right to keep and ... bear arms."                                                                                     
                                                                                                                                
REPRESENTATIVE  CROFT said  he'd  told  Representative Stoltz  at                                                               
that  time that  he would  draft something  modeled on  Vermont's                                                               
law, which  is unrestrictive and  allows [its residents]  to bear                                                               
arms.   He  indicated  no significant  problems  had resulted  in                                                               
Vermont, which has  a very low crime rate.   Representative Croft                                                               
reported   that  Representative   Stoltz   had  said   [Vermont's                                                               
concealed-carry  law] fits  with "our  Alaskan character  and our                                                               
specific and very definite constitutional  right to keep and bear                                                               
arms."  Unlike the U.S.  Constitution, Alaska's constitution says                                                               
it's an  individual right.   Representative  Croft said  he knows                                                               
that  the  purposes   behind  [Alaska's]  restrictions  regarding                                                               
"concealed  carry" are  all done  with the  best motives,  but he                                                               
just doesn't  believe "we  need to second  guess our  citizens in                                                               
that way."                                                                                                                      
                                                                                                                                
Number 2440                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CROFT  said  although  a person  may  think  that                                                               
Vermont's law  might create a  problem of transients  from nearby                                                               
high-crime  states   coming  into   Vermont,  that   hasn't  been                                                               
Vermont's experience.   He opined  that Alaska, situated  next to                                                               
restrictive Canadian  gun laws  along one  side and  having water                                                               
around  the rest  of the  state, should  have been  the state  to                                                               
start "this experiment" first.                                                                                                  
                                                                                                                                
REPRESENTATIVE  CROFT  mentioned  getting  out  of  "a  constant,                                                               
somewhat   condescending"  discussion   of  the   particulars  of                                                               
allowing people  to carry a  weapon inside, rather  than outside,                                                               
their purses or coats.  He  stated, "The more these details stood                                                               
as impediments  to the individual  right of Alaskans to  keep and                                                               
bear  arms, the  more I  questioned the  entire premise  of these                                                               
laws."     He  said   he  is   presenting  for   the  committee's                                                               
consideration that "we can trust our citizens more than that."                                                                  
                                                                                                                                
Number 2526                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT  said the intent of  the bill is to  get rid                                                               
of the  requirement that a  person has  a permit.   Currently, he                                                               
noted, permit  holders must tell  someone at a  private residence                                                               
that they are entering with  a concealed [weapon], at which point                                                               
the  resident  might  refuse  entry  or  just  be  aware  of  the                                                               
information.  Permit  holders, when stopped by  a police officer,                                                               
have the  obligation to  tell the officer  if they  are "carrying                                                               
concealed."   He said, "Both  of those are  reasonable provisions                                                               
in  deleting the  permit requirement.   We  accidentally, in  the                                                               
first draft of this bill, deleted those two requirements."                                                                      
                                                                                                                                
REPRESENTATIVE  CROFT noted  that  the  amendments are  available                                                               
[included in  the committee packet].   He said he would  like for                                                               
somebody carrying concealed,  after the passage of  this bill, to                                                               
have all  the requirements that a  permit holder had before.   He                                                               
clarified, "If it  was illegal for you to carry  a gun before, it                                                               
would be  under this bill.   We simply eliminate  the requirement                                                               
that you get this government permit."                                                                                           
                                                                                                                                
Number 2626                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT brought attention to Amendment A.1, labeled                                                                
23-LS0515\A.1, Luckhaupt, 2/20/03, which read:                                                                                  
                                                                                                                                
     Page 1, lines 3 - 8:                                                                                                       
          Delete all material.                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Section 1.  AS 11.61.220(a) is amended to read:                                                                  
          (a)  A person commits the crime of misconduct                                                                         
     involving weapons in the fifth degree if the person                                                                        
               (1)   knowingly  possesses  a deadly  weapon,                                                                    
     other  than an  ordinary  pocket knife  or a  defensive                                                                    
     weapon,  that  is  concealed on  the  person  and  when                                                                
     contacted  by  a  peace officer  fails  to  immediately                                                                
     inform the peace officer of that possession;                                                                           
               (2)  knowingly possesses  a loaded firearm on                                                                    
     the person  in any  place where intoxicating  liquor is                                                                    
     sold for consumption on the premises;                                                                                      
               (3)   being an  unemancipated minor  under 16                                                                    
     years of  age, possesses a firearm  without the consent                                                                    
     of a parent or guardian of the minor;                                                                                      
               (4)  knowingly possesses a firearm                                                                               
               (A)   within the grounds  of or on  a parking                                                                    
     lot  immediately adjacent  to  a center,  other than  a                                                                    
     private residence,  licensed under  AS 14.37, AS 47.33,                                                                    
     or  AS 47.35 or  recognized by  the federal  government                                                                    
     for the care of children;                                                                                                  
               (B)  within a                                                                                                    
               (i)  courtroom or  office of the Alaska Court                                                                    
     System; or                                                                                                                 
               (ii)   courthouse  that is  occupied only  by                                                                    
     the  Alaska  Court  System  and  other  justice-related                                                                    
     agencies; or                                                                                                               
               (C)   within  a domestic  violence or  sexual                                                                    
     assault shelter  that receives funding from  the state;                                                                    
     or                                                                                                                         
               (5)   possesses  or transports  a switchblade                                                                    
     or a gravity knife.                                                                                                        
                                                                                                                                
     Page 2, line 2:                                                                                                            
          Delete       "11.61.220(a)(1),       11.61.220(b),                                                                    
     11.61.220(e), 11.61.220(h)"                                                                                                
          Insert "11.61.220(b)"                                                                                                 
                                                                                                                                
REPRESENTATIVE CROFT  explained that  Amendment A.1 adds  back in                                                               
the  "permit"  requirement  which  was previously  deleted.    In                                                               
response to a question by  Chair Weyhrauch, he clarified that A.1                                                               
addresses [the issue of informing a police officer of possession                                                                
of concealed weapon].                                                                                                           
                                                                                                                                
REPRESENTATIVE CROFT brought attention to Amendment A.2 [labeled                                                                
23-LS0515\A.2, Luckhaupt, 3/14/03], which read:                                                                                 
                                                                                                                                
     Page 1, lines 3 - 8:                                                                                                       
          Delete all material.                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Section 1.  AS 11.61.220(a) is amended to read:                                                                  
          (a)  A person commits the crime of misconduct                                                                         
     involving weapons in the fifth degree if the person                                                                        
               (1)   knowingly  possesses  a deadly  weapon,                                                                    
     other  than an  ordinary  pocket knife  or a  defensive                                                                    
     weapon,  that is  concealed on  the  person within  the                                                                
     residence  of  another  person unless  the  person  has                                                                
     first  obtained  the  express permission  of  an  adult                                                                
     residing  there  to  bring a  concealed  deadly  weapon                                                                
     within the residence;                                                                                                  
               (2)  knowingly possesses  a loaded firearm on                                                                    
     the person  in any  place where intoxicating  liquor is                                                                    
     sold for consumption on the premises;                                                                                      
               (3)   being an  unemancipated minor  under 16                                                                    
     years of  age, possesses a firearm  without the consent                                                                    
     of a parent or guardian of the minor;                                                                                      
               (4)  knowingly possesses a firearm                                                                               
               (A)   within the grounds  of or on  a parking                                                                    
     lot  immediately adjacent  to  a center,  other than  a                                                                    
     private residence,  licensed under  AS 14.37, AS 47.33,                                                                    
     or  AS 47.35 or  recognized by  the federal  government                                                                    
     for the care of children;                                                                                                  
               (B)  within a                                                                                                    
               (i)  courtroom or  office of the Alaska Court                                                                    
     System; or                                                                                                                 
               (ii)   courthouse  that is  occupied only  by                                                                    
     the  Alaska  Court  System  and  other  justice-related                                                                    
     agencies; or                                                                                                               
               (C)   within  a domestic  violence or  sexual                                                                    
     assault shelter  that receives funding from  the state;                                                                    
     or                                                                                                                         
               (5)   possesses  or transports  a switchblade                                                                    
     or a gravity knife.                                                                                                        
                                                                                                                                
     Page 2, line 2:                                                                                                            
          Delete       "11.61.220(a)(1),       11.61.220(b),                                                                    
     11.61.220(e), 11.61.220(h)"                                                                                                
     Insert "11.61.220(b)"                                                                                                      
                                                                                                                                
REPRESENTATIVE CROFT explained that  Amendment A.2 addresses [the                                                               
issue  of informing  the resident  of possession  of a  concealed                                                               
weapon].   He said,  "If the  committee decided  to do  both, the                                                               
drafters would  have to put  a '(1)' and  a '(2)' there  and join                                                               
them."   He  indicated  he  didn't know  if  the committee  would                                                               
choose both; thus he'd had them drafted as separate amendments.                                                                 
                                                                                                                                
Number 2700                                                                                                                     
                                                                                                                                
REPRESENTATIVE    GRUENBERG    stated   his    assumption    that                                                               
Amendment A.1  would have  to be  amended  to only  apply if  the                                                               
defendant is aware  that he/she is speaking to  a police officer,                                                               
because  the  officer  could  be   under  cover.    Referring  to                                                               
[existing language in  paragraph (1)] of both  Amendments A.1 and                                                               
A.2,  he asked  whether the  term "deadly  weapon" includes  more                                                               
than a concealed  handgun.  For example, could it  include a pipe                                                               
bomb or machine gun?                                                                                                            
                                                                                                                                
REPRESENTATIVE CROFT answered that  he believes the definition of                                                               
"deadly  weapon" is  broader.   He  admitted that  it  may be  an                                                               
issue,  although unintended.   He  said  it was  his intent  that                                                               
people be able to carry firearms without the restriction.                                                                       
                                                                                                                                
Number 2797                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH asked  for confirmation  that a  pipe bomb,  for                                                               
example, is already illegal to possess.                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  the crime  is called  "misconduct                                                               
involving  weapons in  the fifth  degree," and  is a  broad crime                                                               
crafted to include any kind of a concealed deadly weapon.                                                                       
                                                                                                                                
Number 2835                                                                                                                     
                                                                                                                                
REPRESENTATIVE   CROFT  commented   that  there   are  persuasive                                                               
attorneys on  the committee, because he  initially concurred with                                                               
Representative  Gruenberg's comments  but now  agrees with  Chair                                                               
Weyhrauch.  He continued as follows:                                                                                            
                                                                                                                                
     If it's independently  illegal, as I think  a pipe bomb                                                                    
     and,  I'm fairly  sure, a  sawed-off shotgun  ... would                                                                    
     be, then  it doesn't matter,  I guess, so  much whether                                                                    
     ...  [it's]  concealed or  not;  it's  just illegal  to                                                                    
     possess.  And we aren't  affecting the federal or state                                                                    
     prohibitions on  what you can  and can't carry.   We're                                                                    
       simply eliminating ... the distinction of it being                                                                       
     under your jacket or outside of it.                                                                                        
                                                                                                                                
Number 2869                                                                                                                     
                                                                                                                                
REPRESENTATIVE   DAHLSTROM   asked    Representative   Croft   if                                                               
[Vermont's   concealed-carry   law]   has  affected   its   crime                                                               
statistics.                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT answered that  [Vermont's crime rate] is one                                                               
of the lowest  in the nation; however, that may  be attributed to                                                               
a lot of  different factors.  He opined that  the important thing                                                               
is  that [Vermont's]  decision to  allow its  citizens to  "carry                                                               
concealed" freely  didn't [cause the  crime rate  to go up].   He                                                               
said,  "It may  be  one of  those  things that  is  a measure  of                                                               
respect  that  you  treat  your  citizens.   And  that  may  have                                                               
benefits that [are] hard to quantify."                                                                                          
                                                                                                                                
Number 2934                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  these  are  crimes  under  other                                                               
statutes, as well.  He asked,  "This is a misdemeanor, is it not,                                                               
Representative Croft?"                                                                                                          
                                                                                                                                
REPRESENTATIVE CROFT answered, "I believe so."                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG explained,  "It provides the prosecution                                                               
with the charging  option.  And it's important to  keep it on the                                                               
books  properly."    He mentioned  a  discussion  yesterday  with                                                               
Representative  Stoltz   and  said,   "We  wanted  to   keep  the                                                               
prosecution to have as many charging options as they can."                                                                      
                                                                                                                                
TAPE 03-30, SIDE B                                                                                                            
Number 2999                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON asked if this  bill would [make it illegal]                                                               
for a  person out  hunting to  fail to  immediately reveal  to an                                                               
Alaska Fish & Game Department  (ADF&G) protection officer that he                                                               
is carrying  a concealed hunting  knife.   He pointed out  that a                                                               
sheath knife wouldn't be defined as an ordinary pocket knife.                                                                   
                                                                                                                                
Number 2980                                                                                                                     
                                                                                                                                
REPRESENTATIVE BILL  STOLTZ, Alaska State  Legislature, responded                                                               
that it  isn't even a "concealed  carry" status.  He  related his                                                               
belief that it would be "concealed carry in the field."                                                                         
                                                                                                                                
REPRESENTATIVE  CROFT  offered  his   belief  that  there  is  an                                                               
exception in  the current concealed-carry [law],  and said, "We'd                                                               
certainly want  it here for  outdoor recreational activity."   He                                                               
said he thinks when  a person is in the field,  it is a different                                                               
situation.   However, he  gave an example  of the  person getting                                                               
into  a car  and driving  through  a metropolitan  area; at  that                                                               
point, he noted,  the person would probably be  violating the law                                                               
if the [weapon] was still concealed.   He said, "They have tried,                                                               
at  least, to  address this  recreational activity  idea.   We'll                                                               
check to  make sure that  before, and in  the changes we  make in                                                               
the bill, ... it stays there."                                                                                                  
                                                                                                                                
Number 2887                                                                                                                     
                                                                                                                                
REPRESENTATIVE   SEATON   referred   to  [existing   statute   in                                                               
paragraph (1)  of Section  1  of both  Amendments  A.1 and  A.2],                                                               
which read:  "knowingly possesses  a deadly weapon, other than an                                                               
ordinary pocket  knife or a  defensive weapon, that  is concealed                                                               
on the  person".   He said  many people  who aren't  hunting wear                                                               
sheath knives.  He said he  doesn't think the intention is to say                                                               
that only ordinary  pocket knives are now  permissible to possess                                                               
without  being  charged  with  a crime  [for  not  revealing  the                                                               
carrying of a  concealed weapon].  He  said, unfortunately, there                                                               
are  circumstances  when officers  are  unreasonable.   He  asked                                                               
[Representative Croft] to "tighten up that language."                                                                           
                                                                                                                                
Number 2815                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT  cited AS 11.61.220(b)(2), current  law that                                                               
will not be changed, which reads:                                                                                               
                                                                                                                                
          (2) actually engaged in lawful hunting, fishing,                                                                      
     trapping,  or   other  lawful  outdoor   activity  that                                                                    
     necessarily  involves  the  carrying of  a  weapon  for                                                                    
     personal protection;                                                                                                       
                                                                                                                                
REPRESENTATIVE  CROFT remarked,  "So  they've at  least tried  to                                                               
address the  specific [issue] that  you talked about."   Agreeing                                                               
with  Representative  Seaton's  general point  regarding  who  is                                                               
going to  determine when [the language  in statute] "necessarily"                                                               
is  involved,   he  said  it   sounds  as  though  both   he  and                                                               
Representative  Seaton "would  like to  err  on the  side of  the                                                               
right."                                                                                                                         
                                                                                                                                
Number 2670                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH  noted  that  Section  3  of  the  bill  repeals                                                               
statutes including AS 18.65.755(a)(1).   That paragraph, with the                                                               
surrounding statutory language, read as follows:                                                                                
                                                                                                                                
          (a) A permittee may not possess a concealed                                                                           
     handgun                                                                                                                    
          (1)   within   a   residence,   other   than   the                                                                    
     permittee's residence,  unless the permittee  has first                                                                    
     obtained the  express permission  of an  adult residing                                                                    
     there  to   bring  a   concealed  handgun   within  the                                                                    
     residence; and                                                                                                             
          (2) anywhere a person is prohibited from                                                                              
     possessing a handgun under state or federal law.                                                                           
                                                                                                                                
CHAIR  WEYHRAUCH  said  repealing  paragraph (1)  would  allow  a                                                               
person  to possess  a concealed  handgun in  a residence  and not                                                               
obtain the permission of an adult residing there.                                                                               
                                                                                                                                
Number 2603                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CROFT   stated,  "You   have  to   eliminate  the                                                               
distinction between  permittees and  ordinary citizens  if you're                                                               
going to  take this  step.   And it's the  reason, then,  that we                                                               
have Amendments [A.1  and A.2], to add  it back as a  crime for a                                                               
person to carry  a deadly weapon."  He referred  to [the proposed                                                               
added language in A.2], which read as follows:                                                                                  
                                                                                                                                
     within  the  residence  of another  person  unless  the                                                                
     person has first obtained the  express permission of an                                                                
     adult  residing  there  to  bring  a  concealed  deadly                                                                
     weapon within the residence;                                                                                           
                                                                                                                                
REPRESENTATIVE CROFT said the more  he listens to the committee's                                                               
questions, the more he thinks there  is [language in the bill] to                                                               
clean  up.   He explained  that the  reason the  word "permittee"                                                               
should not  be used is because  people are now allowed  to "carry                                                               
concealed" without a  permit.  He said "person"  [should be used]                                                               
in its place, which is what Amendment A.2 does.                                                                                 
                                                                                                                                
CHAIR WEYHRAUCH asked about adopting  the amendment as a proposed                                                               
committee substitute (CS) and then working on it.                                                                               
                                                                                                                                
REPRESENTATIVE  CROFT reminded  members that  Amendments A.1  and                                                               
A.2, although similar, address two  different things.  They could                                                               
be  adopted  together   or  just  one  could  be   adopted.    He                                                               
recommended the former action.                                                                                                  
                                                                                                                                
REPRESENTATIVE SEATON requested that  the previously stated issue                                                               
regarding  the use  of "concealed  handgun"  rather than  "deadly                                                               
weapon" be addressed.                                                                                                           
                                                                                                                                
REPRESENTATIVE CROFT agreed to do that before the next meeting.                                                                 
                                                                                                                                
Number 2530                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to   adopt  a  conceptual  amendment                                                               
incorporating both Amendment A.1 and  Amendment A.2.  There being                                                               
no objection, it was so ordered.                                                                                                
                                                                                                                                
Number 2453                                                                                                                     
                                                                                                                                
BRIAN  JUDY,   Alaska  State  Liaison   to  the   National  Rifle                                                               
Association (NRA) and the Institute  for Legislative Action, said                                                               
HB  102 is  "really  shifting gears"  from  the concealed  weapon                                                               
permits bill [SSHB 177] by  "doing away with that whole process."                                                               
He said he doesn't think it's  inconsistent to discuss the two at                                                               
the same time.  He told members:                                                                                                
                                                                                                                                
     While  the  NRA  has  supported  the  concealed  weapon                                                                    
     permit  law   -  as  evidenced   by  [HB]   177,  we're                                                                    
     continuing to  improve upon it.   At the same  point in                                                                    
      time, philosophically, we don't believe that ... law-                                                                     
     abiding  citizens should  have to  get permission  from                                                                    
     the government to  be able to provide a  means of self-                                                                    
     protection.   And,  essentially,  the concealed  weapon                                                                    
     permit process puts a price  tag on people's ability to                                                                    
     provide a means of self-protection.                                                                                        
                                                                                                                                
     As was  pointed out,  in Alaska you  don't need  to get                                                                    
     that permission if  you're going to carry  openly.  You                                                                    
     can   carry  openly   in   Alaska,  loaded,   unloaded,                                                                    
     anywhere.   You  can  also carry  concealed in  Alaska,                                                                    
     without  a  permit,  if  you're  engaged  in  a  lawful                                                                    
     outdoor  activity  necessarily  involving  the  use  of                                                                    
     firearms for self-protection.                                                                                              
                                                                                                                                
     This, basically,  would expand  that just a  little bit                                                                    
     to say  anytime, even  if you're ...  not engaged  in a                                                                    
     lawful  activity  but  you're carrying  a  firearm  for                                                                    
     self-protection, you  should be  able to do  so without                                                                    
     having  to go  through the  bureaucracy, get  a permit,                                                                    
     pay the fee, ... et cetera.                                                                                                
                                                                                                                                
     Essentially, what it  comes down to is:   you can carry                                                                    
     a firearm anywhere in plain  view in Alaska, but if you                                                                    
     put  on  a coat  when  it's  cold  and you  cover  that                                                                    
     weapon,  then   you  have  to   go  through   all  this                                                                    
     bureaucracy.  And it really doesn't make sense.                                                                            
                                                                                                                                
     The Vermont  experience has been  talked about.   Crime                                                                    
     is at the  bottom of the barrel in that  state; it just                                                                    
     doesn't cause a problem.   Montana is similar.  In 99.8                                                                    
     percent of  Montana, you don't  need a permit  to carry                                                                    
     concealed; you  only need a  permit to  carry concealed                                                                    
     in Montana  if you're ...  within city limits.   And in                                                                    
     Montana, crime  is very  low.  There's  just not  a ...                                                                    
     problem.                                                                                                                   
                                                                                                                                
     Law-abiding citizens are the  only ones getting permits                                                                    
     right  now.   This would  allow them  to carry  without                                                                    
     that  permit.     Criminals  right  now   are  carrying                                                                    
     concealed weapons,  regardless of  the permit  law, and                                                                    
     they're going to continue to do so.                                                                                        
                                                                                                                                
     We  heard a  lot of  horror stories  in 1994,  when the                                                                    
     concealed  weapon permit  law was  first proposed.   We                                                                    
     heard that there  was going to be blood  running in the                                                                    
     streets,   there  were   going  to   be  shootouts   in                                                                    
     Anchorage.   It was quite  amazing to hear.   It didn't                                                                    
     surprise us because we had  heard that in all the other                                                                    
     states that proposed concealed weapon  permit laws.  As                                                                    
     in all those other states, it didn't take place.                                                                           
                                                                                                                                
Number 2315                                                                                                                     
                                                                                                                                
MR. JUDY  referred to a  graph included in the  committee packet.                                                               
He  explained  that  it  shows violent  crime  [in  Alaska],  and                                                               
indicated  the  position  of  the  line at  the  point  when  the                                                               
concealed  weapon  permit   law  took  effect.     He  noted  [on                                                               
individual  graphs] that  crime dropped  in the  following areas:                                                               
violent crime, robbery, and aggravated assault.  He continued:                                                                  
                                                                                                                                
     Now, as  Representative Croft indicated, I'm  not going                                                                    
     to try to claim that that  was because, all of a sudden                                                                    
     we had  a concealed  weapon permit  law.   But whatever                                                                    
     the reason, the passage  of the concealed weapon permit                                                                    
     law not  only didn't  cause all  the horrors  that were                                                                    
     predicted, but  crime went down.   And I  would suggest                                                                    
     that ... the  horror stories that you  will likely hear                                                                    
     about are  not going  to take place.   I  can't predict                                                                    
     that crime's  going to  continue to  drop precipitously                                                                    
     as it has, but one can  only hope that it will continue                                                                    
     to approach those levels in Vermont.                                                                                       
                                                                                                                                
Number 2268                                                                                                                     
                                                                                                                                
MR. JUDY discussed training as follows:                                                                                         
                                                                                                                                
     The last  point I  want to  make is  on training.   I'm                                                                    
     sure  we're  going to  hear  that  this is  a  terrible                                                                    
     proposal because  people aren't  going to  be subjected                                                                    
     to mandatory  training.  Well,  again, it  doesn't make                                                                    
     sense  that   ...  law-abiding  citizen  ...   who  can                                                                    
     lawfully  own or  possess a  firearm  can carry  openly                                                                    
     anywhere  in  Alaska  and   they're  not  subjected  to                                                                    
     mandatory training.   But  if you want  to wear  a coat                                                                    
     and cover  your firearm,  all of a  sudden you  have to                                                                    
     take  this   expensive  course  and  go   through  this                                                                    
     bureaucracy.   I  would suggest  that  it's not  really                                                                    
     necessary.                                                                                                                 
                                                                                                                                
     There  are  43  states   that  issue  concealed  weapon                                                                    
     permits.  Those  states have a wide  range of training,                                                                    
     from no  training in  the State  of Washington  to very                                                                    
     restrictive.  And Alaska's  among the more restrictive.                                                                    
     The State  of Washington's  a good example,  aside from                                                                    
     the  Vermont  experience.   In  Washington,  there  are                                                                    
     approximately 250,000 concealed  weapon permits issued.                                                                    
     They  don't  require training.    There  ... is  not  a                                                                    
     problem, training-related or  otherwise, with concealed                                                                    
     weapon permit holders in Washington.                                                                                       
                                                                                                                                
     The empirical evidence from  every state, regardless of                                                                    
     the level  of training,  is that  these people  who are                                                                    
     carrying  firearms for  self-protection are  exercising                                                                    
     their constitutional  right and their natural  right to                                                                    
     provide a  means of self-defense  in a  responsible ...                                                                    
     manner.                                                                                                                    
                                                                                                                                
Number 2189                                                                                                                     
                                                                                                                                
MR. JUDY continued:                                                                                                             
                                                                                                                                
     The NRA supports training on  a voluntary basis.  We're                                                                    
     the  group   that  instructs  the  instructors.     The                                                                    
     instructors right here in Alaska  who are providing the                                                                    
     screening courses are, in most  cases, I would suspect,                                                                    
     NRA-certified   ...  instructors.     So,   we  support                                                                    
     training.  We don't believe  it should be mandated.  We                                                                    
     support  the  concept  of  HB 102,  and  we  urge  your                                                                    
     support.  Thank you.                                                                                                       
                                                                                                                                
Number 2158                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  indicated a  technical  inconsistency.                                                               
He  referred  to AS  18.65.750(d)  and  said, "We  are  repealing                                                               
Section  750  entirely."    He said  [that  section]  dealt  with                                                               
possession and  display of  the permit.   Subsection  (d) defines                                                               
the  term "contacted  by a  peace officer",  he noted.   He  said                                                           
because Amendment  A.1 was  adopted, the  phrase "contacted  by a                                                           
peace officer" is  reinserted.  He offered  a technical amendment                                                           
to reinsert  the statutory definition,  since the concept  is now                                                               
back in the bill.                                                                                                               
                                                                                                                                
Number 2100                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT  said he thinks  that is a good  point which                                                               
bears further  consideration.  Mentioning points  made earlier by                                                               
Representatives  Seaton and  Gruenberg  and  that two  amendments                                                               
had, in effect, been adopted,  Representative Croft said he wants                                                               
to take a second look at some  of the more technical aspects.  He                                                               
said he is still comfortable "with the policy direction."                                                                       
                                                                                                                                
Number 2060                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  [in reference to his  previously stated                                                               
amendment] asked that "that phrase" be defined.                                                                                 
                                                                                                                                
CHAIR WEYHRAUCH indicated  that he'd heard no  objection and that                                                               
the foregoing technical amendment was adopted.                                                                                  
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  that  also  repealed  would  be                                                               
AS.18.65.770, which read as follows:                                                                                            
                                                                                                                                
     Sec. 18.65.770.  Access to  list of permittees by peace                                                                    
     officers.                                                                                                                  
     The department shall compile a  list of permittees in a                                                                    
     manner that allows immediate  access to the information                                                                    
     by  peace officers.   The  list of  permittees and  all                                                                    
     applications,  permits,  and  renewals are  not  public                                                                    
     records under AS 40.25.110 -  40.25.125 and may only be                                                                    
     used for law enforcement purposes.                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked   if  Representative  Croft  and                                                               
Mr. Judy, for example, would speak  with the Department of Public                                                               
Safety to find out if  the department, for any legitimate reason,                                                               
needs to retain that section in law.                                                                                            
                                                                                                                                
REPRESENTATIVE CROFT said he would.                                                                                             
                                                                                                                                
CHAIR WEYHRAUCH announced that HB 102 would be held over.                                                                       
                                                                                                                                
HB 127-ROADSIDE MEMORIALS                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the next  order of  business was                                                               
HOUSE BILL NO.  127, "An Act allowing  certain roadside memorials                                                               
to be  placed within the right-of-way  of a state highway."   [In                                                               
packets  was a  proposed committee  substitute (CS),  Version 23-                                                               
LS0299\I, Utermohle, 3/21/03.]                                                                                                  
                                                                                                                                
Number 1906                                                                                                                     
                                                                                                                                
LORI BACKES,  Staff to Representative Jim  Whitaker, Alaska State                                                               
Legislature,  presented  HB  127   on  behalf  of  Representative                                                               
Whitaker, sponsor.   She  explained that HB  127 merely  seeks to                                                               
allow Alaskans the  right to express their grief for  the loss of                                                               
a  loved   one  with  as  little   governmental  interference  as                                                               
possible.   When a person  dies on an Alaskan  highway, sometimes                                                               
family and  friends place items  at the location of  the accident                                                               
to  memorialize  the  individual.    These  memorials  serve  the                                                               
following two  purposes:  to pay  tribute to the deceased  and to                                                               
help  warn other  travelers of  the potential  tragedy associated                                                               
with dangerous driving.  These  memorials are seen throughout the                                                               
country and the globe.                                                                                                          
                                                                                                                                
MS. BACKES pointed out the  committee packet includes an informal                                                               
study conducted by  the Texas Department of  Transportation.  The                                                               
study reviews  how some  other states handle  this issue.   Among                                                               
those states  surveyed, most allow roadside  memorials officially                                                               
or  unofficially  in  various   forms.    Historically,  Alaska's                                                               
Department  of Transportation  & Public  Facilities (DOT&PF)  has                                                               
ignored these personal  memorials.  However, about  two years ago                                                               
the state-sponsored  memorial sign program was  created; with it,                                                               
DOT&PF gave notice  to Alaskans that personal  memorials would no                                                               
longer be  tolerated, and  thus the  roadside memorials  would be                                                               
removed if  not taken  down by  a date certain.   In  response to                                                               
this,  the mother  of a  young  lady who  was killed  by a  drunk                                                               
driver  in the  Fairbanks area  circulated a  petition requesting                                                               
that  the   state  continue  to   allow  the   personal  roadside                                                               
memorials.  The petition contains 244 signatures.                                                                               
                                                                                                                                
MS. BACKES pointed  out that such memorials  aren't restricted to                                                               
automobile accidents.   She said this is a  phenomenon that won't                                                               
be stopped,  and thus Representative Whitaker  believes it's wise                                                               
to  establish  a program  through  which  roadside memorials  are                                                               
allowed  yet controlled.    Ms.  Backes noted  that  she has  had                                                               
several  in-depth  conversations  with representatives  from  the                                                               
DOT&PF and  that she believes  the majority of the  concerns have                                                               
been addressed in the proposed CS [Version I].                                                                                  
                                                                                                                                
Number 1701                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM  moved  to   adopt  CSHB  127,  Version  23-                                                               
LS0299\I, Utermohle, 3/21/03, as the working document.                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG objected  for  discussion purposes  and                                                               
then immediately removed his objection.                                                                                         
                                                                                                                                
[Version I was treated as adopted.]                                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG   said  he  supports   the  legislation                                                               
generally.   However,  he expressed  concern with  subsection (f)                                                               
[page 2].  He posed a  situation in which a fairly large roadside                                                               
memorial falls into  the roadway and causes  an accident; voicing                                                               
concern about the  broad immunity, he said the  state should have                                                               
some responsibility for  that.  Furthermore, a  memorial could be                                                               
placed on  the road if  snow on the  ground made it  difficult to                                                               
see where the roadside ended, for  example, and he said he'd like                                                               
for  the  state  to  have  some responsibility  if  the  sign  is                                                               
actually placed in the road and causes an accident.                                                                             
                                                                                                                                
REPRESENTATIVE HOLM referred to page  1, line 10, which specifies                                                               
that roadside memorials  "must not interfere with the  use of the                                                               
highway, with other uses of  the right-of-way"; he questioned why                                                               
Representative  Gruenberg's  concern  would  be a  problem.    He                                                               
pointed  out that  DOT&PF  must be  informed  before [a  roadside                                                               
memorial is erected].                                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  if there  is a  requirement that                                                               
the individual  erecting the roadside  memorial inform  DOT&PF in                                                               
advance.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON referred to  page 2, line 1 [paragraph (2),                                                               
"inform the department of the location of the memorial"].                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG  pointed out  that the  language doesn't                                                               
require it in advance.                                                                                                          
                                                                                                                                
REPRESENTATIVE HOLM said he suspects  that the requirement to not                                                               
interfere and  to inform DOT&PF places  the onus on the  state to                                                               
recognize the location of the roadside memorial.                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG  expressed his desire to  have some time                                                               
limit  regarding notification  to the  department.   He suggested                                                               
language specifying  that the department must  be notified within                                                               
48 hours of placement of the roadside memorial.                                                                                 
                                                                                                                                
Number 1365                                                                                                                     
                                                                                                                                
MS. BACKES said she didn't  believe Representative Whitaker would                                                               
have  any problem  with the  aforementioned  language.   However,                                                               
reporting to  the department within 48  hours may be a  little on                                                               
the  short side,  especially since  most of  these memorials  are                                                               
spontaneously  put  in  place  within   hours  of  the  accident.                                                               
Furthermore,  these memorials  are often  in response  to extreme                                                               
grief  and   distress.    Ms.   Backes  suggested   that  perhaps                                                               
notification within a week or two would be more appropriate.                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  announced  that   he  would  offer  an                                                               
amendment in which  [notification to DOT&PF] would  need to occur                                                               
within five days.   Representative Gruenberg said  he didn't want                                                               
to  absolve  the  department from  taking  reasonable  action  to                                                               
remove [a  memorial] that  is in  the roadway.   He  stressed the                                                               
need  to hold  the  department to  a normal  tort  standard.   He                                                               
specified  that  he is  concerned  with  regard to  the  ultimate                                                               
responsibility.                                                                                                                 
                                                                                                                                
MS. BACKES  said DOT&PF  already has  the responsibility  to take                                                               
care of hazards in the roadway  and maintain the roadways free of                                                               
hazards.  She  said she wasn't sure that the  sponsor would agree                                                               
to reasonably require DOT&PF to respond  to a hazard such [as one                                                               
created from a roadside memorial].                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG  clarified that he didn't  want to lower                                                               
the  responsibility.   He referred  to page  2, lines  10-12, the                                                               
sentence, "The state  is not liable for damage to,  or for damage                                                               
or  injury resulting  from the  presence  of, a  memorial in  the                                                               
right-of-way of a  state highway."  He said  it provides complete                                                               
immunization and changes the law on that subject.                                                                               
                                                                                                                                
MS. BACKES highlighted the following from AS 44.80.070:                                                                         
                                                                                                                                
     When the state, or a  department or agency of the state                                                                    
     that has  control over  a highway  or vehicular  way or                                                                    
     area,  permits a  portion of  the highway  or vehicular                                                                    
     way or area, as defined  under AS 28.40.100, to be used                                                                    
     for  a special  purpose, the  state is  not subject  to                                                                    
     legal action or recovery  of damages for injury arising                                                                    
     out of,  or in  any manner  connected with  the special                                                                    
     purpose use.                                                                                                               
                                                                                                                                
MS.  BACKES said  [the drafting  attorneys] in  Legislative Legal                                                               
and Research Services are of  the opinion that the aforementioned                                                               
statute already addresses this.   The language in the proposed CS                                                               
is  almost redundant,  she added,  but was  included in  order to                                                               
further allay the concerns of DOT&PF.                                                                                           
                                                                                                                                
Number 0915                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON returned  to subsection (f) on page  2.  He                                                               
posed a  situation in  which there  is an  accident close  to the                                                               
site of  a roadside memorial.   If the individual claims  to have                                                               
been  distracted   by  the  memorial,  would   the  liability  be                                                               
transferred from  that individual  to the  person who  placed the                                                               
memorial on the roadside?                                                                                                       
                                                                                                                                
MS.  BACKES replied  no.    She said  the  statute requires  that                                                               
drivers have the responsibility to  not drive negligently and not                                                               
be  unduly distracted  by things  on the  road; if  there was  an                                                               
accident in which  an individual claimed to  have been distracted                                                               
by  a roadside  memorial, she  was certain  it would  have to  be                                                               
argued in court.   She went on  to say there is  no intention for                                                               
the individual  placing the  memorial on  the roadside  to assume                                                               
the  responsibility for  someone having  an accident,  unless the                                                               
memorial directly interfered with the safety of the road.                                                                       
                                                                                                                                
REPRESENTATIVE SEATON  asked if subsection (f)  accomplishes that                                                               
or means that  the individual placing the memorial  on the right-                                                               
of-way bears  the sole risk  and liability for damage  and injury                                                               
resulting from the presence of the memorial.                                                                                    
                                                                                                                                
MS. BACKES responded  that if it can be proven  that the cause of                                                               
the accident was the roadside  memorial, the liability would then                                                               
be on the individual who placed the memorial on the roadside.                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG returned  to AS  44.80.070 and  related                                                               
his understanding  that it applies  to someone who has  some type                                                               
of permit  and who has  negotiated with the department  to obtain                                                               
permit.   The aforementioned is  a different situation  from that                                                               
of an  individual placing  a memorial on  the roadside  who might                                                               
not have  even notified the  department for a  significant period                                                               
of time.                                                                                                                        
                                                                                                                                
Number 0623                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ inquired  as to  the default  provision                                                               
regarding liability, if subsection (f) is deleted.                                                                              
                                                                                                                                
MS.  BACKES  reiterated  that   Legislative  Legal  and  Research                                                               
Services  has  said  AS  44.80.070,  "Liability  of  state  under                                                               
special  use   permits",  would  solve   that.    In   regard  to                                                               
Representative Gruenberg's  concern, Ms.  Backes said  a special-                                                               
use permit doesn't necessarily have to  be a written permit.  She                                                               
emphasized that  placement of a  roadside memorial in  the middle                                                               
of the  road would be  nonconforming and thus would  fall outside                                                               
the bounds of the allowed special use under HB 127.                                                                             
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  opined  that   if  any  discussion  of                                                               
liability was  deleted, the  same rules  of liability  that apply                                                               
elsewhere would apply in this  instance.  Therefore, he suggested                                                               
that subsection (f) could be deleted.                                                                                           
                                                                                                                                
MS. BACKES  said Representative Whitaker wouldn't  have a problem                                                               
with  the  deletion of  subsection  (f),  which was  inserted  to                                                               
address  DOT&PF's concerns  with regard  to its  liability to  an                                                               
individual in  an accident  with regard  to a  roadside memorial.                                                               
Furthermore,  the department  was concerned  with its  liability,                                                               
should  its   maintenance  equipment  accidentally   [destroy]  a                                                               
roadside  memorial.     If  the   committee  chooses   to  delete                                                               
subsection  (f),  she  suggested considering  inclusion  of  some                                                               
language specifying  that the state isn't  responsible for damage                                                               
to a memorial.                                                                                                                  
                                                                                                                                
REPRESENTATIVE HOLM  asked if Ms.  Backes would suggest  that the                                                               
committee retain the last sentence of subsection (f).                                                                           
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  agreed  that [the  first  sentence  of                                                               
subsection  (f) could  be  deleted as  well  as] the  disjunctive                                                               
clause,  "or for  damage or  injury resulting  from the  presence                                                               
of,".   Therefore, subsection  (f) would read  as follows:   "The                                                               
state is not liable for damage  to a memorial in the right-of-way                                                               
of a state highway."                                                                                                            
                                                                                                                                
MS.  BACKES related  that Representative  Whitaker fully  expects                                                               
that  DOT&PF  will  take  care not  to  damage  these  memorials.                                                               
Therefore, she suggested including the word "inadvertent".                                                                      
                                                                                                                                
REPRESENTATIVE BERKOWITZ remarked that at  some point, one has to                                                               
count on the  discretion of people.  Furthermore,  if one reviews                                                               
the  budget, one  discovers  that  there isn't  going  to be  any                                                               
highway maintenance anyway, and thus it shouldn't be a problem.                                                                 
                                                                                                                                
Number 0138                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH related  his understanding  that subsection  (f)                                                               
was included so that any  damage arising from a memorial wouldn't                                                               
make the state liable.                                                                                                          
                                                                                                                                
MS. BACKES agreed, but reiterated  the opinion of the Legislative                                                               
Legal and Research Services Division  that AS 44.80.070 addresses                                                               
the matter also.                                                                                                                
                                                                                                                                
Number 0075                                                                                                                     
                                                                                                                                
REPRESENTATIVE   BERKOWITZ  moved   that   the  committee   adopt                                                               
Amendment  1,  on  page  2,  to  delete  the  first  sentence  of                                                               
subsection (f)  and amend the  second sentence of  subsection (f)                                                               
such that it  would read, "The state is not  liable for damage to                                                               
a memorial in the right-of-way of  a state highway."  There being                                                               
no objection, it was so ordered.                                                                                                
                                                                                                                                
REPRESENTATIVE  SEATON turned  attention to  the term  "temporary                                                               
memorial" on page 1, line 7.                                                                                                    
                                                                                                                                
TAPE 03-31, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
MS.  BACKES  explained  that   the  language  "temporary"  wasn't                                                               
intended to refer to any specific  timeframe but rather to mean a                                                               
structure   that   was  not   permanent.      She  related   that                                                               
Representative  Whitaker  is  reluctant  to  try  to  insert  any                                                               
timeframe  for  which  these roadside  memorials  can  remain  in                                                               
place.                                                                                                                          
                                                                                                                                
Number 0080                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG offered [Amendment 2]:                                                                                 
                                                                                                                                
     Page 2, line 1, after "memorial"                                                                                           
         Insert "within seven days of placement of the                                                                          
     memorial"                                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  specified that the purposed  is so that                                                               
[DOT&PF]  will know  the roadside  memorial exists  and can  make                                                               
arrangements  to protect  it  and  ensure that  it's  not in  the                                                               
right-of-way.                                                                                                                   
                                                                                                                                
CHAIR  WEYHRAUCH   announced  that  there  being   no  objection,                                                               
[Amendment 2] was adopted.                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG directed attention  to page 2, lines 21-                                                               
23,  and  asked  if  the  [department's  removal  of  a  roadside                                                               
memorial] would be a cumbersome procedure.                                                                                      
                                                                                                                                
MS.  BACKES  answered  that  DOT&PF  hasn't  indicated  that  the                                                               
[removal  of roadside  memorials  identified  as an  unauthorized                                                               
encroachment]  would be  problematic.   In further  response, Ms.                                                               
Backes  said  she  didn't  know   the  procedure;  however,  from                                                               
discussions with DOT&PF she has  gathered that when DOT&PF crafts                                                               
the regulations  specifying the restrictions on  the placement of                                                               
these memorials, the intent is  that DOT&PF will have a procedure                                                               
for removal.  The procedure  would involve contacting the sponsor                                                               
of  the memorial  in  order  to provide  an  opportunity for  the                                                               
sponsor  to  correct  any  problem   associated  with  safety  or                                                               
maintenance.   If  the problem  isn't corrected  in a  reasonable                                                               
amount of time, DOT&PF will remove it.                                                                                          
                                                                                                                                
CHAIR WEYHRAUCH  pointed out that  the language on page  2, lines                                                               
21-23,  refers   to  AS  19.25.230-19.25.250,  which   speaks  to                                                               
political  signage.    Notice  of   removal  is  provided  via  a                                                               
certified letter.   If the  [sign] isn't removed,  the department                                                               
may remove it at any time.   Furthermore, the cost of removal can                                                               
be billed to the person that was supposed to move it.                                                                           
                                                                                                                                
Number 0433                                                                                                                     
                                                                                                                                
REPRESENTATIVE LYNN inquired as to  how the grieving family would                                                               
know about  these provisions.   Has there  been any  thought that                                                               
the funeral home would issue  paperwork specifying the procedures                                                               
and contacts for placing a roadside memorial?                                                                                   
                                                                                                                                
MS. BACKES  answered that although  there isn't such  a provision                                                               
in the legislation, in conversations  with DOT&PF it has come out                                                               
that West Virginia  has a similar program to  that proposed here.                                                               
West Virginia  posts guidelines for  these types of  memorials on                                                               
its web site.   Ms. Backes related that the  Fairbanks Chapter of                                                               
Mothers  Against  Drunk  Driving  (MADD) has  said  it  would  be                                                               
willing to distribute pamphlets  to families in this circumstance                                                               
or  to funeral  homes.   Furthermore,  the  department felt  that                                                               
being  able  to   post  something  on  its  web   site  would  be                                                               
appropriate.                                                                                                                    
                                                                                                                                
Number 0583                                                                                                                     
                                                                                                                                
RACHELLE DOWDY  noted her support  of HB 127 and  the amendments.                                                               
Ms. Dowdy provided the following testimony:                                                                                     
                                                                                                                                
     Standard  roadside signs  equal  statistics.   This  is                                                                    
     fine, but Alaska has the  worst drunk driving record in                                                                    
     the nation.   We  have to remind  drivers that  this is                                                                    
     personal:   it happened here,  to this person,  to this                                                                    
     family, to  this community, to  someone who is  loved -                                                                    
     not just a statistic.                                                                                                      
                                                                                                                                
     Heather's friends stopped to  add flowers to her marker                                                                    
     one day,  and a motorist stopped.   She said she  had a                                                                    
     history  of drinking  and driving.    She thought,  "It                                                                    
     would never happen to me,"  but this marker enlightened                                                                    
     her  and caused  her  to  change her  habits.   It  got                                                                    
     personal;  it   moved  beyond  statistics.     Would  a                                                                    
     standard, state sign  have this effect?   I don't think                                                                    
     so.  Does  Alaska want to be known for  a lack of human                                                                    
     interest,  such  human   interest  replaced  with  mere                                                                    
     statistics?                                                                                                                
                                                                                                                                
     I have  lived in Alaska my  entire life.  We  thrive on                                                                    
     our  individuality  up  here, our  freedom  to  express                                                                    
     ourselves, both  individually and  as a community.   Do                                                                    
     we really want  to summarize our personal  loss and our                                                                    
     shameful national  record in  identical blue  and white                                                                    
     statistics?  I don't.                                                                                                      
                                                                                                                                
MS.  DOWDY noted  that this  weekend  she was  driving the  Parks                                                               
Highway,  where she  saw one  of the  proposed state  signs.   In                                                               
order to see  and read the sign,  Ms. Dowdy said she  had to pull                                                               
to  the  side  of the  highway.    However,  if  she has  seen  a                                                               
memorial, Ms. Dowdy said, she has  known what it means and hasn't                                                               
had to stop and read it.                                                                                                        
                                                                                                                                
Number 0843                                                                                                                     
                                                                                                                                
SANDY  GILLESPIE had  her  testimony read  by  Rachelle Dowdy  as                                                               
follows:                                                                                                                        
                                                                                                                                
     I support  HB 127.   Roadside memorials are  visible on                                                                    
     many  of Alaska's  highways and  roads.   These markers                                                                    
     play   a   significant    role   in   recognizing   and                                                                    
     acknowledging  the  humanity all  of  us  share.   When                                                                    
     still a Fairbanks  resident, I heard about  a family of                                                                    
     five  killed by  a drunk  driver on  the Glenn  Highway                                                                    
     just  outside of  Anchorage.   Each time  I drive  into                                                                    
     Anchorage,  I  see their  memorial  and  think of  that                                                                    
     family.   I  never  met them;  I  don't remember  their                                                                    
     names.   But  I wish  them well.   I  acknowledge their                                                                    
     lives and  deaths.  I  think of the people  left behind                                                                    
     who love them.                                                                                                             
                                                                                                                                
     I  think  of  other  specific sites:    two  along  the                                                                    
     Richardson near  Eielson Air Force  Base; two  on Chena                                                                    
     Hot  Springs  Road  near Fairbanks;  two  on  Minnesota                                                                    
     Drive  in Anchorage;  one  on  Northern Lights  [Drive]                                                                    
     near  the  Anchorage  airport.    The  last  one  names                                                                    
     "Brother" and "Daddy" as the  person or persons [killed                                                                    
     there].  In passing these sites,  to name just a few, I                                                                    
     have  not been  distracted  from driving.    I see  the                                                                    
     markers as I  see the landscape, but  the images travel                                                                    
     with me.  [It] makes me more human.                                                                                        
                                                                                                                                
     My  17-year-old sister-in-law  was  killed  by a  drunk                                                                    
     driver in Fairbanks.   The family put up  a memorial on                                                                    
     the  Old  Steese Highway  for  Heather  Dowdy.   People                                                                    
     driving by  regularly have stopped at  a nearby turnout                                                                    
     and  told  us  how  the  site has  impacted  them.    A                                                                    
     grandmother told  us how her very  young grandson asked                                                                    
     about Heather.   Grandma  explained what  happened, and                                                                    
     the child  refers to Heather  by name.   Another person                                                                    
     told us that she ...  used to drive after drinking; she                                                                    
     no longer does  because this memorial made  real to her                                                                    
     what the consequences can be.                                                                                              
                                                                                                                                
     In  Oregon last  year, I  saw the  official road  signs                                                                    
     that  marked  traffic deaths,  including  drunk-driving                                                                    
     deaths.   I like those signs  also.  I think  we have a                                                                    
     right to know and should  know every spot where a drunk                                                                    
     driver  has killed  or  injured someone.    I think  we                                                                    
     should have  signs that say  how many people  have been                                                                    
     killed  at   various  sections  of  highway   by  drunk                                                                    
     drivers,  just   like  we  have  signs   on  the  Glenn                                                                    
     [Highway]  saying  how  many  moose  have  been  killed                                                                    
     there;  [it's] good,  but not  as important  as people.                                                                    
     The   official   signs   are   about   statistics   and                                                                    
     documentation and a condemnation  of a system that does                                                                    
     not adequately  deal with drunk  drivers in  our state.                                                                    
     I want those  signs also.  But they do  not replace the                                                                    
     memorials, the signs that make  us aware of and able to                                                                    
     care about the  people we have never met  who have died                                                                    
     on the roads we drive every day.                                                                                           
                                                                                                                                
Number 1082                                                                                                                     
                                                                                                                                
JIM EDE noted  his support of the  [DOT&PF] regulations governing                                                               
roadside  memorials as  well as  the  program to  clean up  these                                                               
memorials.  Mr. Ede said  people's sentiment with regard to these                                                               
roadside memorials  only last for  a few days, after  which these                                                               
memorials  in the  right-of-way become  unsightly.   Furthermore,                                                               
these  memorials are  very distracting  to motorists.   Moreover,                                                               
Mr. Ede  charged that these  many of these memorials  are illegal                                                               
due  to the  attached  religious symbols  that  reside on  public                                                               
property.  There are many  court cases relating to the illegality                                                               
of religious  symbols on  public property.   Mr.  Ede highlighted                                                               
that the  state could  lose federal highway  funds if  it doesn't                                                               
abide  by  the  federal  regulations.    He  suggested  that  the                                                               
committee  obtain an  opinion from  the  attorney general  before                                                               
moving forward with this legislation.                                                                                           
                                                                                                                                
REPRESENTATIVE  LYNN pointed  out that  religious symbols  can be                                                               
found on public property in this country's national cemeteries.                                                                 
                                                                                                                                
Number 1388                                                                                                                     
                                                                                                                                
ASA DOWDY  informed the committee  that he has had  the privilege                                                               
of having  a memorial up  for his daughter  [who was killed  by a                                                               
drunk driver].   Mr. Dowdy announced  his support of HB  127.  He                                                               
noted that  he and  his family have  benefited from  the roadside                                                               
memorial established for his daughter.   These roadside memorials                                                               
provides  [the  family]  a  focal   point  while  promoting  safe                                                               
driving.   These roadside memorials are  a cheap way in  which to                                                               
honor loved  ones and  inform the  public of  safety.   Mr. Dowdy                                                               
said  he appreciated  the [DOT&PF's]  signs for  those who  don't                                                               
have the  ability or will  to establish a roadside  memorial, but                                                               
he felt  [HB 127] provided a  choice of expression.   In response                                                               
to  a comment  by Representative  Gruenberg, he  said HB  127 was                                                               
introduced before the Dowdy family became involved.                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG  suggested  the  legislation  could  be                                                               
known as the "Heather Dowdy bill" in her honor.                                                                                 
                                                                                                                                
Number 1540                                                                                                                     
                                                                                                                                
BARBARA  DOWDY,  Member,  Fairbanks Chapter  of  Mothers  Against                                                               
Drunk Driving  (MADD), began by noting  her support of HB  127 as                                                               
amended.  She informed the  committee that her daughter, Heather,                                                               
was killed  September 30,  2000, at  3:00 in  the afternoon  by a                                                               
drunk driver.   Although it  has been two-and-a-half  years since                                                               
Heather  was  killed,  Ms. Dowdy  emphasized  that  [the  family]                                                               
hasn't forgotten the  issues or the memorial they  placed [on the                                                               
roadside] for her.                                                                                                              
                                                                                                                                
BARBARA DOWDY  took exception to an  earlier statement indicating                                                               
that  someone would  stop grieving  within two  days.   She noted                                                               
that there  are two roadside  signs on the New  Steese Expressway                                                               
that she  passes every day  and those signs  make no impact.   In                                                               
fact, after nine  months of passing these signs, she  had to have                                                               
someone point  them out  for her to  notice them,  whereas people                                                               
see roadside  memorials.  Furthermore, roadside  memorials become                                                               
a focal point for grieving.   Although a small minority of people                                                               
believe  the   crosses  are  problematic   with  regard   to  the                                                               
separation  of church  and state,  she said,  there are  no legal                                                               
grounds  because these  crosses are  being  put in  place by  the                                                               
families, not the state.                                                                                                        
                                                                                                                                
BARBARA  DOWDY  opined  that  a  cross has  become  more  than  a                                                               
religious symbol, since  it is now a national icon  and symbol of                                                               
respect for someone who has died.   She said she didn't see how a                                                               
memorial to her daughter could  infringe on anyone else's rights,                                                               
and she  asserted her  right to  place the  cross and  flowers to                                                               
commemorate her daughter.                                                                                                       
                                                                                                                                
BARBARA  DOWDY turned  to  the issue  of  federal highway  funds'                                                               
being tied to design and  construction.  She said federal highway                                                               
funds have nothing to do  with maintenance.  These memorials seem                                                               
to be a  maintenance issue, although the families  and friends of                                                               
the deceased  are maintaining these  memorials and thus  no state                                                               
funds are  used for the  memorials' maintenance  or construction.                                                               
Therefore,  the state  is saved  $500  for every  memorial.   She                                                               
opined that  passage of HB  127 will make the  roadside memorials                                                               
legal and thus the threat of losing federal funds a nonissue.                                                                   
                                                                                                                                
MS. DOWDY closed by reading the  last paragraph of the an article                                                               
entitled "Roadside Memorials:   Marking Journeys Never Completed"                                                               
found in  the Tombstone  Traveler's Guide  by Chris  Tina Leimer,                                                             
which reads as follows:                                                                                                         
                                                                                                                                
     But, for  many people,  that can't replace  the healing                                                                    
     balm  of roadside  memorials.   Roadside memorials  are                                                                    
     folk art created out of  love and grief.  Unfettered by                                                                    
     regulations   or   cost,   they  are   creative   acts,                                                                    
     restorative  acts in  the face  of  destruction.   They                                                                    
     allow  the remembrance  to be  matched with  the death:                                                                    
     the death happened in public;  the memorial may need to                                                                    
     be  public, in  the very  venue that  is so  intimately                                                                    
     connected with the deceased, the place where he died.                                                                      
                                                                                                                                
     And since  the death was sudden,  unexpected, and maybe                                                                    
     senseless  but  not   unique,  roadside  memorials  let                                                                    
     people know  that a  particular person,  an individual,                                                                    
     was  alive.    They  say,  "We will  not  let  you  die                                                                    
     unnoticed;  you   are  valuable;  you  deserve   to  be                                                                    
     remembered."  And they invite the world to join in.                                                                        
                                                                                                                                
MS. DOWDY urged the committee to pass HB 127 [as amended].                                                                      
                                                                                                                                
REPRESENTATIVE  LYNN   announced  his  strong  support   of  this                                                               
legislation.   He  related his  belief that  it's a  disgrace for                                                               
DOT&PF to disallow the appropriate memorials.                                                                                   
                                                                                                                                
Number 1830                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to  report  CSHB  127,  Version  23-                                                               
LS0299\I, Utermohle,  3/21/03, as amended, out  of committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  CSHB 127(STA)  was reported  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                                                               
10:02 a.m.                                                                                                                      

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