Legislature(1997 - 1998)

04/18/1997 09:13 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                             MINUTES                                           
                    SENATE FINANCE COMMITTEE                                   
                         April 18, 1997                                        
                            9:13 A.M.                                          
                                                                               
  TAPES                                                                        
                                                                               
  SFC-97, # 115, Sides 1 & 2 (000-590, 590-000)                                
  SFC-97, # 116, Side 1 (000-219)                                              
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Senator  Bert  Sharp,  Cochair,  Senate  Finance  Committee,                 
  convened the meeting at approximately 9:13 A.M.                              
                                                                               
  PRESENT                                                                      
                                                                               
  In addition  to COCHAIR SHARP,  SENATORS PHILLIPS, TORGERSON                 
  and  ADAMS  were  present  when  the meeting  was  convened.                 
  COCHAIR PEARCE, SENATORS  DONLEY and PARNELL arrived  as the                 
  meeting was in progress.                                                     
                                                                               
  Also Attending:                                                              
  SENATOR JERRY MACKIE, SENATOR  LYDA GREEN, REPRESENTATIVE AL                 
  VEZEY, JAMES BALDWIN, Assistant Attorney General, Department                 
  of  Law;  TUCKERMAN  BABCOCK, Staff,  Senator  Green;  DUANE                 
  BUELL, Owner,  Sporting Goods  Store,  Juneau; DICK  BISHOP,                 
  Executive  Director,  Alaska  Outdoor  Council;  DEL  SMITH,                 
  Deputy Commissioner,  Department  of  Public  Safety  (DPS);                 
  LAUREE  HUGONIN,  Executive  Director, Council  on  Domestic                 
  Violence   and   Sexual    Assault,   DPS;   ART    SNOWDEN,                 
  Administrative Director, Alaska Court System; ANN CARPENETI,                 
  Assistant Attorney General, Criminal Division, Department of                 
  Law; and aides to committee members.                                         
                                                                               
  Also Attending Via Teleconference:                                           
  Fairbanks:  DONNA   GILBERT;  ROYCE   CHAPMAN;  MIKE   PRAX;                 
  Anchorage: KEN  JACOBUS; RANDY  SMITH; BRUCE  OCKRASSA; MIKE                 
  CORKILL,  Alaska Peace  Officers Association;  Kodiak: DIANA                 
  BUFFINGTON, District  Chair, Republican  Party; Kenai:  PHIL                 
  NASH,  Attorney;  ROD  CHRISTOPHER,   Instructor,  Peninsula                 
  Weapons Academy; BOB WISEMAN; RAYMOND  CARR, Instructor, RNS                 
  Protection Services; Homer: PATRICK JOHNSON, Law Enforcement                 
  Alliance of  America;  Valdez: JOE  MICHAUD,  Police  Chief,                 
  Valdez Police  Department; Barrow: BILL JONES;  GREGG OLSON,                 
  Training Officer,  Gun Club; SCOTT  CAMPBELL, Police  Chief,                 
  North Slope Borough; and HARRIS STUERMER.                                    
                                                                               
                                                                               
  SUMMARY INFORMATION                                                          
       SB  9    CAPITAL  PROJECT  MATCHING  GRANT  FOR  INDIAN                 
       RESERVATION                                                             
                                                                               
                                                                               
       SENATOR  MACKIE   testified  on  behalf  of  the  bill.                 
       SENATOR ADAMS MOVED SB 9 from committee with individual                 
       recommendations.  Without objection,  SB 9 was REPORTED                 
       OUT with previous zero fiscal notes from the Department                 
       of Administration  and the Department of  Community and                 
       Regional Affairs.                                                       
                                                                               
       HB 112  AMEND DEFINITION OF "POLITICAL PARTY"                           
                                                                               
       REPRESENTATIVE VEZEY  testified on behalf  of the bill.                 
       Testimony  was  heard  via  teleconference  from  DONNA                 
       GILBERT, ROYCE CHAPMAN,  MIKE PRAX, KEN  JACOBUS, DIANA                 
       BUFFINGTON  and  JAMES BALDWIN.    SENATOR  ADAMS MOVED                 
       Amendment #1.   COCHAIR SHARP  objected.  Amendment  #1                 
       FAILED  by a 1 to 5 vote.   SENATOR PHILLIPS MOVED CSHB
       112(FIN) from committee with individual recommendations                 
       and accompanying fiscal notes.  SENATOR ADAMS objected.                 
       The MOTION  CARRIED by a 5 to  1 vote and CSHB 112(FIN)                 
       was REPORTED OUT with a  previous zero fiscal note from                 
       the  Department of Revenue  and a fiscal  note from the                 
       Division of Elections (59.6).                                           
                                                                               
       SB 141  CONCEALED HANDGUN PERMITS                                       
                                                                               
       SENATOR GREEN testified on behalf of the bill.  SENATOR                 
       TORGERSON  MOVED to adopt draft  CS version "X" as CSSB
       141(FIN).   Without objection,  it was  ADOPTED.   Also                 
       testifying were  TUCKERMAN BABCOCK, RANDY  SMITH, BRUCE                 
       OCKRASSA,  MIKE  CORKILL, PHIL  NASH,  ROD CHRISTOPHER,                 
       PATRICK JOHNSON, JOE MICHAUD, BILL JONES, GREGG  OLSON,                 
       SCOTT CAMPBELL, HARRIS  STUERMER, DIANE BUFFINGTON, BOB                 
       WISEMAN,  DUANE BUELL,  DICK BISHOP, DEL  SMITH, LAUREE                 
       HUGONIN,  ART SNOWDEN and ANN CARPENETI.   The bill was                 
       HELD for further consideration.                                         
  SB 9  CAPITAL PROJECT MATCHING GRANT FOR INDIAN RESERVATION                  
                                                                               
  SENATOR JERRY MACKIE,  Sponsor, testified  on behalf of  the                 
  bill.    He noted  that a  similar  bill almost  passed last                 
  session.  He explained that it clarified language to include                 
  Metlakatla  in  the  Capital  Matching  Grants  program  and                 
  clarified  the  intent of  the  act.   He  pointed  out that                 
  Metlakatla  also  qualified  for   Unincorporated  Community                 
  grants  and the bill corrects  that by excluding the village                 
  from that program.  He addressed the question of whether the                 
  bill  would  include  other municipalities  organized  under                 
  federal law as  an Indian  Reserve by stating  that it  only                 
  applied to  Metlakatla.   He cited  a  letter from  Attorney                 
  General Bruce Botelho in support of the statement.                           
                                                                               
  SENATOR ADAMS brought up the  village of Venetie, commenting                 
  that  it  should apply.    SENATOR  MACKIE  referred to  the                 
                                                                               
                                                                               
  Attorney  General's   letter  in   response,  stating   that                 
  Metlakatla was the only Indian Reservation recognized.                       
                                                                               
  SENATOR  ADAMS  MOVED SB  9  from committee  with individual                 
  recommendations.  Without  objection, SB 9 was  REPORTED OUT                 
  with  previous  zero  fiscal notes  from  the  Department of                 
  Administration and the Department of  Community and Regional                 
  Affairs.                                                                     
  HB 112  AMEND DEFINITION OF "POLITICAL PARTY"                                
                                                                               
  REPRESENTATIVE AL VEZEY testified on behalf of the bill.  He                 
  explained that  the bill addressed the fact  that since 1970                 
  the state had not elected a governor by majority vote.   The                 
  legislation  would encourage  that possibility  by providing                 
  additional means for a  group of political active  people to                 
  qualify as a  party.   It did not reduce anything in current                 
  statute but added to it as a supplemental  way to qualify by                 
  providing  that a party with  a certain number of registered                 
  voters would not  have to  run a candidate  but could  still                 
  maintain its party status.                                                   
                                                                               
  SENATOR  ADAMS asked about  the three percent qualification.                 
  REPRESENTATIVE  VEZEY  explained  that  a  party  must  have                 
  registered voters equal to  three percent of the  votes cast                 
  for governor in  the preceding election.   In response to  a                 
  question   from   SENATOR  PHILLIPS,   REPRESENTATIVE  VEZEY                 
  explained that current  law requires  a party had  to run  a                 
  candidate and the candidate had  to receive three percent of                 
  the  vote.  HB  112 would change  it so that  it would allow                 
  party status to vest based on registered voters.                             
                                                                               
  The following testimony was heard via teleconference:                        
                                                                               
  Fairbanks:                                                                   
  DONNA GILBERT  testified  in  support  of  the  bill.    She                 
  believed it was  important, noting  that governors had  been                 
  elected with as  little as 38.9  percent of the vote,  which                 
  didn't  allow  for  the  majority to  be  represented.   She                 
  supported giving political parties a choice as to whether or                 
  not they wanted to run a  candidate in a statewide election.                 
  She described the services provided by political parties and                 
  described the effect of the bill.                                            
                                                                               
  ROYCE CHAPMAN spoke  in support of HB  112.  He believed  it                 
  would go a long way in helping every Alaskan to take part in                 
  the political process.   He did  not believe it would  limit                 
  new  or  small  parties.   They  would  not  be required  to                 
  concentrate on raising large sums of money just to be listed                 
  on the ballot of a statewide race.                                           
                                                                               
  MIKE  PRAX  also supported  the  legislation.   It  not only                 
  offered the  opportunity to have  the governor elected  by a                 
  majority,  it  also  gave  other  philosophical  groups  the                 
                                                                               
                                                                               
  opportunity to be  recognized as a political party.  Smaller                 
  parties provided a valuable service.                                         
                                                                               
  Anchorage:                                                                   
  KEN JACOBUS testified in favor of HB 112 for reasons already                 
  stated by others  testifying.  It made  ballot access easier                 
  which was important  to encourage  people to participate  in                 
  politics.  Parties  should not be  forced to spend a  lot of                 
  money on a race  they cannot win in order  to maintain their                 
  party status.                                                                
  Kodiak:                                                                      
  DIANA   BUFFINGTON,   District   Chair,  Republican   Party,                 
  supported  HB 112.   She stated  it allowed  minor political                 
  parties to become  known and get their views  out.  It would                 
  make it easier to get into the political process.  She urged                 
  the committee's support.                                                     
                                                                               
  SENATOR ADAMS  asked  to hear  from  the Department  of  Law                 
  concerning  the  legislation.   He  noted that  he  would be                 
  offering  an amendment to page 1, lines 10 and 12 that would                 
  delete "preceding" and  provide an effective date  following                 
  the 1998 election.  His reasoning was related to fairness to                 
  other organizations with regard to changing the law.                         
                                                                               
  JAMES  BALDWIN,  Assistant Attorney  General,  Department of                 
  Law, opposed the  legislation.  He  stated that there was  a                 
  matter  that  involved  the  First  Amendment  of  the  U.S.                 
  Constitution,  that  being  ballot  access  and  freedom  of                 
  political association.  Courts require that the state show a                 
  compelling governmental  interest  in support  of a  statute                 
  that  would  affect  ballot  access.    If  there  were some                 
  disparate effect on political parties,  there should be some                 
  showing that this was the  least restrictive means available                 
  to  establish  a goal.    He  stated there  was  a disparate                 
  treatment of now  recognized political parties in  the state                 
  because  of the  way the  numbers  break out  for registered                 
  party members.   The AIP's could  sit out the next  election                 
  while the Greens, if they could not muster additional voters                 
  to register their affiliation  would not be able to  sit out                 
  to retain their recognized party status.  If the goal was to                 
  provide easier  ballot access, it  seemed to be  at variance                 
  with the goal of  majority vote, because it would  mean they                 
  would not have  a candidate on the ballot.  The rationale of                 
  easier ballot access did not seem to hold up and he believed                 
  there was some other purpose for the legislation.                            
                                                                               
  MR. BALDWIN continued  by stating  that if the  idea was  to                 
  allow  new  political  parties  to  form, there  were  other                 
  impediments  that  needed consideration.    Campaign finance                 
  laws  enacted  last  year  had  a  different  definition  of                 
  political party.  It had  to meet the three percent rule  or                 
  be recognized in the  last five general elections.   A newly                 
  registered party  would not be  able to qualify  under those                 
  laws.   He believed the legislation had "lawsuit written all                 
                                                                               
                                                                               
  over it."   He respected the  sponsor's position but  stated                 
  there needs  to be a  much better case presented.   He spoke                 
  briefly of other alternatives available.                                     
                                                                               
  In response  to a question  from COCHAIR SHARP,  MR. BALDWIN                 
  stated it was much more difficult  to get people to register                 
  political  affiliation  than  to  get  them  to  vote  on  a                 
  confidential ballot.                                                         
                                                                               
  SENATOR  DONLEY asked if there  had been any written opinion                 
  from   the   attorney   general's   office   regarding   the                 
  constitutionality  of last  year's  campaign finance  reform                 
  act.   MR. BALDWIN clarified that  there was not an issue of                 
  constitutionality,  but  a  difference  in definition.    He                 
  restated the qualification for a  political party under that                 
  act.  Brief discussion ensued concerning constitutionality.                  
                                                                               
  SENATOR ADAMS MOVED  Amendment #1.  COCHAIR  SHARP objected.                 
  SENATOR  ADAMS reiterated  his position  that the  amendment                 
  provided  an opportunity  for political associations  to put                 
  their  parties  forward to  give the  people  a choice.   He                 
  believed it was  an equal and  fair consideration for  other                 
  political  groups,   pointing  out   the  legislation   only                 
  benefited one group.                                                         
                                                                               
  A roll  call vote was taken on the MOTION to adopt Amendment                 
  IN FAVOR: Adams                                                              
  OPPOSED: Phillips, Donley, Torgerson, Parnell, Sharp                         
  Amendment #1 FAILED by a 1 to 5 vote.                                        
                                                                               
  General  discussion followed  regarding  the bill.   SENATOR                 
  DONLEY and COCHAIR  SHARP spoke in support.   REPRESENTATIVE                 
  VEZEY  noted  a copy  of  a  letter from  Richard  Winger in                 
  members' files that pointed out that the U.S.  Supreme Court                 
  that upheld a  Louisiana law that  required a party to  have                 
  five percent of registered voters or receive five percent of                 
  the vote in  an election.  He  stated HB 112 was  well under                 
  that threshold.                                                              
                                                                               
  SENATOR ADAMS commented that the bill created limitations on                 
  the rights of political associations.  He stated that in the                 
  next election the AIP  would sit out the election  while the                 
  Green  Party  would  have to  put  forth  a  candidate.   He                 
  believed  it  was  politically  motivated  and  opposed  the                 
  underlying tone of the legislation.                                          
                                                                               
  SENATOR PHILLIPS  MOVED CSHB  112(FIN)  from committee  with                 
  individual  recommendations  and accompanying  fiscal notes.                 
  SENATOR ADAMS objected.                                                      
                                                                               
  A roll call vote was taken on the MOTION.                                    
  IN FAVOR: Donley, Torgerson, Parnell, Phillips, Sharp                        
  OPPOSED: Adams                                                               
                                                                               
                                                                               
  The MOTION CARRIED  by a 5 to  1 vote and CSHB  112(FIN) was                 
  REPORTED  OUT with  a  previous zero  fiscal  note from  the                 
  Department of Revenue and a fiscal note from the Division of                 
  Elections (59.6).                                                            
  SB 141  CONCEALED HANDGUN PERMITS                                            
                                                                               
  SENATOR LYDA GREEN  testified on  behalf of the  bill.   She                 
  recalled last  year's bill,  SB 177, which  was vetoed,  and                 
  stated that SB 141 addresses some of the same concerns.  She                 
  described  differences in  a  proposed CS,  version  X.   It                 
  extended the time frame for issuing a permit from fifteen to                 
  thirty  days.   Language  was  also amended  to  reflect the                 
  intent to not permit felons to ever carry concealed weapons.                 
  Another  provision  dealt  with  an  instruction  book  with                 
  pertinent information concerning where it  would be legal to                 
  carry concealed by making it consistent with where one could                 
  carry  openly.  A  fourth change related  to concerns raised                 
  last year about  alcohol.  A person carrying concealed would                 
  be prohibited  from drinking alcohol  in a restaurant.   The                 
  last change  had  to do  with permitting  peace officers  in                 
  Sections  4,  6  and  9.    There had  been  some  statewide                 
  objection,  but she  did  not feel  it  was unreasonable  to                 
  include peace officers.   The main  premise of the bill  was                 
  that those permitted to apply for  a concealed weapon permit                 
  and  the  places a  person  could  carry a  weapon  would be                 
  consistent with those  who were  permitted to carry  openly.                 
  It did  not make sense  to have  a list of  prohibitions for                 
  those carrying  concealed when one  did not exist  for those                 
  who  simply  owned  a  gun.   The  consistency  would reduce                 
  confusion and make the privilege of carry concealed what  it                 
  was intended to be.                                                          
                                                                               
  SENATOR TORGERSON MOVED  to adopt  draft CS  version "X"  as                 
  CSSB 141(FIN).  Without objection, it was ADOPTED.                           
                                                                               
  SENATOR  ADAMS  inquired what  was  being eliminated  in the                 
  qualifications under the repealers.   He asked if alcoholics                 
  would be able to get a permit.                                               
                                                                               
  SENATOR GREEN responded that a list in federal law of people                 
  prohibited from carrying  openly addressed alcohol and  drug                 
  abuse.  She  believed the list was  in committee files  in a                 
  document from Legal  Services dated 3/24/97.   SENATOR ADAMS                 
  inquired  about   the  repealer  section,   specifically  AS                 
  18.65.740, and asked for the rationale.                                      
                                                                               
  End SFC-97 #115, Side 1, Begin Side 2                                        
                                                                               
  TUCKERMAN BABCOCK,  Staff,  Senator  Green,  explained  that                 
  being convicted of two class  A misdemeanors did not prevent                 
  carrying a handgun.  If the intent of the legislature was to                 
  prohibit  that,  it   would  be   a  different  issue   than                 
  specifically trying  to address  the 6,000  people who  have                 
                                                                               
                                                                               
  permits.                                                                     
                                                                               
  SENATOR PARNELL pointed  out a  difference from last  year's                 
  bill   in  that   SB  141  greatly   reduced  the   list  of                 
  qualifications  and  requirements to  obtain  a permit.   He                 
  questioned whether federal law covered  those because he was                 
  unsure if it was even  enforced in the state.  He  suggested                 
  including  the  list in  statute.    He asked  which  of the                 
  repealed sections were not covered by federal law.                           
                                                                               
  MR. BABCOCK responded  that the list under  AS 18.65 related                 
  only to those  who apply for a  concealed carry permit.   It                 
  was a different  list from  those who could  openly carry  a                 
  handgun.   All current  prohibitions for  people who  openly                 
  carry  a  handgun would  apply to  those  who applied  for a                 
  concealed permit.   The bill did  not repeal any federal  or                 
  state prohibition  except those specifically  referenced for                 
  the concealed carry and only apply to 6,000 people.                          
                                                                               
  COCHAIR SHARP called for statewide teleconference  testimony                 
  next.  He  asked that testimony be limited to two minutes to                 
  allow everyone an opportunity to testify.                                    
                                                                               
  Anchorage:                                                                   
  RANDY SMITH favored the  bill.  He  stated that it puts  all                 
  Alaskans on an equal  basis.  He supported the  provision on                 
  page 6, line 2 permitting  retired law enforcement officers,                 
  but suggested a two year  period for additional flexibility.                 
  He  expressed  a  problem  with   the  renewal  section  and                 
  suggested it include an update of  federal and state law and                 
  a demonstration  of competence.  Another option  would be to                 
  require  the department  to  notify permittees  by certified                 
  mail of  any changes of  the law  within thirty days  of the                 
  effective date.                                                              
                                                                               
  BRUCE OCKRASSA testified in support of  SB 141.  He believed                 
  that  concealed  carry laws  were  saving lives  by reducing                 
  violent crime.                                                               
                                                                               
  MIKE CORKILL,  Alaska Peace  Officers Association,  spoke to                 
  two provisions they  had requested.  He  supported including                 
  police officers both within the state and from out-of-state.                 
  Retired  peace  officers  had   already  received  extensive                 
  training  and  he  supported  the  waiver  of  some  of  the                 
  permitting process.  He did not believe reciprocity for out-                 
  of-state permittees  should be recognized  across the  board                 
  because other states permitting process was not as stringent                 
  as Alaska's.    He also  firmly believed  that no  convicted                 
  felon should  ever be  allowed to  apply for  a permit.   He                 
  supported fees remaining the same.                                           
                                                                               
  Kenai:                                                                       
  PHIL  NASH, Attorney, stated the fee  issue was a non-issue.                 
  He noted that copies of current law were already provided in                 
                                                                               
                                                                               
  instructional classes.  He referred  to the repealer brought                 
  up earlier and explained that  it would not affect anything.                 
   He  supported  reciprocity in  order  to allow  Alaskans to                 
  carry  concealed  outside   the  state.    He   opposed  the                 
  provisions for  former administrative  police officers,  but                 
  not for "street  cops."  A  special rule would perpetuate  a                 
  "them and us mentality."                                                     
                                                                               
  ROD  CHRISTOPHER,  Instructor,  Peninsula  Weapons  Academy,                 
  supported  the provision  for retired  police officers,  but                 
  believed they  should take the  law enforcement class  to be                 
  brought up to date.   Regarding restaurants serving alcohol,                 
  he  believed  that as  long  as  a permittee  stayed  in the                 
  restaurant part  of the  establishment and  did not  consume                 
  alcohol, he should be  allowed to carry a handgun  in there.                 
  He believed the qualifications standards for  classes should                 
  be raised.                                                                   
                                                                               
  Homer:                                                                       
  PATRICK  JOHNSON,  Law  Enforcement  Alliance  of   America,                 
  supported the inclusion of retired police officers, training                 
  requirements and reciprocity with other states.                              
  Valdez: JOE MICHAUD, Police Chief, Valdez Police Department,                 
  expressed  his   appreciation  for   the  response   to  law                 
  enforcement  personnel  about some  of  their concerns.   He                 
  briefly  addressed  the issue  of  reciprocity and  spoke in                 
  favor of it.                                                                 
                                                                               
  Barrow:                                                                      
  BILL JONES testified in  support of the bill.   He supported                 
  carrying  concealed in  restaurants  rather  than having  to                 
  leave  the  weapon in  a  vehicle.   He  also  supported the                 
  reciprocity provision for  protection for Alaskans traveling                 
  out-of-state.                                                                
                                                                               
  GREGG OLSON, Training  Officer, Gun Club, supported  SB 141.                 
  He appreciated the exemption for former police officers.  He                 
  briefly  addressed  training  of the  legal  portion  of the                 
  permitting process.                                                          
                                                                               
  SCOTT CAMPBELL, Police Chief, North Slope Borough, supported                 
  the bill and  appreciated the inclusion of  police officers.                 
  He urged passage of the bill.                                                
                                                                               
  HARRIS  STUERMER  testified  in  support,  particularly  the                 
  restaurant provision and the reciprocity provision.                          
                                                                               
  Kodiak:                                                                      
  DIANA   BUFFINGTON,   District   Chair,  Republican   Party,                 
  supported SB 141 because she had been a rape victim and felt                 
  women should be able to protect themselves.  It would reduce                 
  domestic violence.   She believed women  particularly needed                 
  the  law  and  it  would  make  it easier  to  enact  Second                 
  Amendment rights.                                                            
                                                                               
                                                                               
  Kenai:                                                                       
  BOB  WISEMAN  supported   the  legislation  for  law-abiding                 
  citizens.  He  didn't support  giving special privileges  to                 
  former law enforcement officers.   He supported reciprocity.                 
  He suggested using the commercial drivers' .04 blood alcohol                 
  level guideline for concealed carry permitting.                              
                                                                               
  RAYMOND CARR, Instructor, RNS Protection Services, testified                 
  in favor of SB 141 as written.                                               
                                                                               
  The following individuals testified in person in Juneau:                     
                                                                               
  DUANE BUELL, Owner, Sporting Goods  Store, Juneau, supported                 
  SB 141.   He believed the  bill was good  for the permitting                 
  process.  Reciprocity  was a  non-issue in  that history  in                 
  other states show now problems.  He supported legal training                 
  for retired police officers.                                                 
                                                                               
  DICK  BISHOP, Executive  Director,  Alaska Outdoor  Council,                 
  stated the council's  support for  the adopted version  CSSB
  141(FIN).  He supported  consideration for ensuring  retired                 
  police officers be kept current on laws.                                     
  DEL SMITH, Deputy Commissioner,  Department of Public Safety                 
  (DPS), testified that  the concealed  law was working  well.                 
  There were 6,325 permittees  as of 4/11/97.  No  permits had                 
  been  rescinded  for  bad  acts  because  of  the  effective                 
  screening process.  He brought up a concern about rescinding                 
  the list  of places  where individuals  were not  allowed to                 
  carry concealed weapons  as it related to  domestic violence                 
  shelters.   He supported meeting Alaska  standards regarding                 
  reciprocity.  In response  to a question from SENATOR  ADAMS                 
  regarding a thirty-day time period, he stated they could not                 
  get the necessary information from the FBI in that amount of                 
  time.   They could take  up to five  months in  getting back                 
  with a report, so they conduct a statewide check.  If  there                 
  is not indication of a problem, they submit the fingerprints                 
  to the FBI and issue a conditional permit.  The average time                 
  was  thirty  days  from  the  point  of application  to  the                 
  issuance of a permit.                                                        
                                                                               
  SENATOR  TORGERSON noted  a  provision referencing  existing                 
  statute that municipalities and villages  could have a local                 
  election opting to  exclude concealed weapons.   He inquired                 
  if there were any existing.  MR. SMITH was not aware of any.                 
                                                                               
  LAUREE HUGONIN,  Executive  Director,  Council  on  Domestic                 
  Violence and  Sexual Assault,  DPS,  expressed concern  with                 
  Sections 10, 13 and 15.  Section 10 reduced the restrictions                 
  for  qualifying permitees.   She  believed it was  vague and                 
  referred to AS 12.55.015, noting that someone could still be                 
  eligible  to  possess a  handgun.    The court  may  order a                 
  forfeiture, but didn't have  to.  She also had  concern that                 
  there  was no list  under AS 11.61.200  and believed federal                 
                                                                               
                                                                               
  law was not expansive enough to cover what was needed.                       
                                                                               
  ART SNOWDEN,  Administrative Director, Alaska  Court System,                 
  did not have a position.   He suggested adding a  section to                 
  prohibit the carrying  of firearms  in a judicial  facility,                 
  with the exception  of police officers, security  guards and                 
  those that were part of evidence.                                            
                                                                               
  End SFC-97 #115, Side 2                                                      
  Begin SFC-97 #116, Side 1                                                    
                                                                               
  In response to a question from SENATOR  PARNELL, MR. SNOWDEN                 
  acknowledged   that  there  was  a  court  rule  prohibiting                 
  firearms, but  no law.   People generally didn't  know court                 
  rules and he believed  a law would be appropriate.   SENATOR                 
  ADAMS asked about federal laws.   MR. SNOWDEN responded that                 
  there was a federal law that bans firearms in federal court,                 
  but it did not apply to state court.                                         
                                                                               
  SENATOR  ADAMS  brought up  concerns  regarding people  with                 
  alcohol  and  drug   problems  and   the  repealer   section                 
  concerning training.                                                         
                                                                               
  MR. BABCOCK explained the repealer  applied only to renewal,                 
  it  was  still  a  requirement   for  the  original  permit.                 
  Regarding  the  first  concern,  a  person  prohibited  from                 
  possessing a handgun  under state or federal law  would also                 
  be prohibited from  applying for  a concealed carry  permit.                 
  He referred to the 3/24/97 memo regarding the standards that                 
  would apply.  There was additional discussion among SENATORS                 
  PARNELL, PHILLIPS,  GREEN, ADAMS  and MR.  BABCOCK regarding                 
  clarification of the repealers section.                                      
                                                                               
  ANN   CARPENETI,   Assistant   Attorney  General,   Criminal                 
  Division, Department of  Law, explained the that  a revision                 
  in  the  penalty  section  eliminated  a B  misdemeanor  for                 
  carrying  where   prohibited,   but  did   not   provide   a                 
  corresponding  violation.    SENATOR  ADAMS  believed  there                 
  should be a penalty.                                                         
                                                                               
  COCHAIR  SHARP   asked  if   there   would  be   forthcoming                 
  amendments.  SENATORS ADAMS and PHILLIPS affirmed they would                 
  be  proposing   amendments.    In  response,  COCHAIR  SHARP                 
  announced  that  the   bill  would   be  HELD  for   further                 
  consideration.                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting was adjourned at approximately 11:00 A.M.                        

Document Name Date/Time Subjects