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