Legislature(1995 - 1996)

02/23/1996 04:00 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE JUDICIARY COMMITTEE                                  
                       February 23, 1996                                       
                           4:00 p.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Robin Taylor, Chairman                                                
 Senator Lyda Green, Vice-Chairman                                             
 Senator Mike Miller                                                           
 Senator Al Adams                                                              
 Senator Johnny Ellis                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 None                                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 CS FOR SENATE BILL NO. 177(STA)                                               
 "An Act relating to permits to carry concealed handguns."                     
                                                                               
 SENATE BILL NO. 194                                                           
 "An Act relating to offenses associated with criminal street gangs,           
 and to sentencing for those offenses; and amending Rule 702(a),               
 Alaska Rules of Evidence."                                                    
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 177 - See Joint Senate/House State Affairs minutes                         
          dated 10/5/95, 1/23/99, and 2/13/96.                                 
                                                                               
 SB 194 -  See Senate Judiciary minutes dated 1/19/96.                         
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Sherman Ernouf                                                                
 Alaska State Capitol                                                          
 Juneau, Alaska  99801-1182                                                    
  POSITION STATEMENT:  Testified for the sponsor of SB 194.                    
                                                                               
 Anne Carpeneti                                                                
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, Alaska  99811-0300                                                    
  POSITION STATEMENT:  Supports CSSB 194.                                      
                                                                               
 Michael Grimes                                                                
 Anchorage Police Department                                                   
 4501 So. Bragaw St.                                                           
 Anchorage, AK  99507                                                          
  POSITION STATEMENT:  Supports CSSB 194.                                      
                                                                               
 Lt. Dennis Casanovas                                                          
 Division of Alaska State Troopers                                             
 Department of Public Safety                                                   
 5700 E. Tudor Rd.                                                             
 Anchorage, AK  99507-1225                                                     
  POSITION STATEMENT:  Supports CSSB 194.                                      
                                                                               
 Lynn Stimler                                                                  
 ACLU                                                                          
 P.O. Box 201                                                                  
 Anchorage, AK  99520                                                          
  POSITION STATEMENT:  Opposed specific provisions of CSSB 194.                
                                                                               
 Tess Lanum                                                                    
 Alaska PTA                                                                    
 P.O. Box 201496                                                               
 Anchorage, AK  99520                                                          
  POSITION STATEMENT:  Opposed to CSSB 177.                                    
                                                                               
 Jane Wineinger                                                                
 NRA                                                                           
 P.O. Box 111                                                                  
 Chickaloon, AK  99674                                                         
  POSITION STATEMENT:  Supports CSSB 177.                                      
                                                                               
 Larry Wiget                                                                   
 4800 Debarr Rd.                                                               
 Anchorage, AK 99510                                                           
  POSITION STATEMENT:  Opposed specific provisions of SB 177.                  
                                                                               
 Harlan Knudson                                                                
 5700 E. Tudor Rd.                                                             
 Anchorage, AK  99507                                                          
  POSITION STATEMENT:  Asked questions regarding SB 177.                       
                                                                               
 Moe McGee                                                                     
 3600 Denali                                                                   
 Anchorage, AK  99503                                                          
  POSITION STATEMENT:  Commented on SB 177.                                    
                                                                               
 Kate Tesar                                                                    
 Alaska Inland Boatmen's Union                                                 
 231 S. Franklin St.                                                           
 Juneau, AK  99801                                                             
  POSITION STATEMENT:  Commented on SB 177.                                    
                                                                               
 Raymond L. Carr                                                               
 4401 North Dogwood                                                            
 Kenai, AK                                                                     
  POSITION STATEMENT:  Supports SB 177.                                        
                                                                               
 Curtis Green                                                                  
 Wasilla, AK                                                                   
  POSITION STATEMENT:  Supports SB 177.                                        
                                                                               
 Patty Owen                                                                    
 Juneau, Alaska                                                                
  POSITION STATEMENT:  Opposed to SB 177,                                      
                                                                               
 Jayne Andreen                                                                 
 Council on Domestic Violence and Sexual Assault                               
 Department of Public Safety                                                   
 P.O. Box 111200                                                               
 Juneau, AK  99811-1200                                                        
  POSITION STATEMENT:  Opposed specific provisions of SB 177.                  
                                                                               
 Claudia Douglas                                                               
 NEA-Alaska                                                                    
 114 Second St.                                                                
 Juneau, AK  99801                                                             
 POSITION STATEMENT:  Opposed to SB 177.                                       
                                                                               
 Belinda Daniels                                                               
 Anchorage, AK                                                                 
  POSITION STATEMENT:  Opposed to SB 177.                                      
                                                                               
 Chris Sullivan                                                                
  POSITION STATEMENT:  Supports SB 177                                         
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 96-14, SIDE A                                                            
 Number 001                                                                    
                  SB 194 GANG RELATED CRIMES                                  
                                                                              
  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 4:10 p.m.                                                            
                                                                               
 SHERMAN ERNOUF, legislative aide to sponsor Senator Kelly, informed           
 committee members the most recent version of the committee                    
 substitute is Version U (2/23/96) which was developed in                      
 collaboration with the Department of Law.  He explained the                   
 following changes made to the proposed committee substitute.  The             
 bill amends the crime of murder in the second degree to include a             
 felony murder provision for a death resulting from a drug offense             
 or gang related shooting.  This provision would hold drug dealers             
 and gang members responsible when an innocent bystander is killed             
 during a shoot-out by eliminating the claim of self defense.                  
                                                                               
 The bill criminalizes recruitment of a gang member (as a class C              
 felony) if force, or the threat of force, against a person or                 
 property is used to induce a person to participate or commit a                
 crime on behalf of the street gang.  The bill also establishes the            
 crime of recruitment in the second degree (as a class A                       
 misdemeanor), for encouraging, without force, a person under the              
 age of 18 to participate in a gang by a person over the age of 18.            
                                                                               
 Additionally, the proposed committee substitute establishes an                
 elevated charge (to a class A felony) for weapons misconduct which            
 is applicable to drive-by shootings.  The bill allows expert                  
 testimony to be admissible in a criminal prosecution to show gang             
 affiliation, customs, rivalries, and other characteristics. It                
 provides for forfeiture to the state of motor vehicles, weapons,              
 electronic communications devices or other money or valuables, used           
 in, or obtained, through an offense that was committed for the                
 benefit of, at the direction of, or in association with a criminal            
 street gang.  The last change allows for gang membership to be                
 considered as an aggravator for sentencing purposes in felonies,              
 and elevates misdemeanors when offenses are committed for the                 
 benefit of, at the direction of, or in association with, a criminal           
 street gang; a person committing a class B misdemeanor would be               
 charged with a class A misdemeanor if the crime was associated with           
 gang activity.                                                                
                                                                               
 Mr. Ernouf emphasized the committee substitute is the result of a             
 collaborative effort between Senator Kelly's office and the                   
 Department of Law and asked for the committee's support.                      
                                                                               
 Number 109                                                                    
                                                                               
 SENATOR ADAMS stated it appears the legislation was designed to               
 further the sponsor's re-election campaign and repeated his initial           
 concerns with the legislation.  He questioned whether this version            
 of SB 194 is still too cumbersome to enforce; whether the dress               
 code contained as an identifying marker of a gang member could be             
 misused; how a previous gang member would prove no current                    
 affiliation; and how the committee substitute would coordinate with           
 the existing juvenile justice system.                                         
                                                                               
 MR. ERNOUF replied the bill is the result of numerous constituent             
 complaints received by Senator Kelly's office as the number of                
 gang-related crimes in his district has increased.  Second, the               
 criminal street gang definition is modelled after California law,             
 which contains the only successfully tried definition.  The bill              
 does not punish a person for being a criminal street gang member,             
 only for committing a crime associated with a gang.   The                     
 definition contains two requirements that must both be met for                
 prosecution.                                                                  
                                                                               
 SENATOR ADAMS asked how a previous gang member would prove no                 
 current affiliation.  MR. ERNOUF clarified the definition requires            
 a person to have committed a gang-related crime within the previous           
 three years.  A person who has not done so would not be charged and           
 sentenced according to this legislation.                                      
                                                                               
 Number 181                                                                    
                                                                               
 MICHAEL GRIMES, Supervisor of the Homicide, Assault, and Robbery              
 Unit of the Anchorage Police Department (APD), responded to Senator           
 Adams' questions.  Regarding the possibility of a criminal                    
 prosecution emanating from a group's style of dress, he did not               
 think that possible because criminal behavior must simultaneously             
 occur.  The APD has gathered intelligence information from around             
 the municipality and state on gang members.  The documentation                
 process is conservative and careful and is driven by reports of               
 criminal activity, for the most part arrests, or by self-admission.           
 Current statistics show 438 bona fide gang members operating in               
 Anchorage.  In the past year and one half, since the information              
 has been compiled, 53 different gangs have been identified; 22 are            
 active and engage in criminal activity.                                       
                                                                               
 Number 232                                                                    
                                                                               
 SENATOR TAYLOR repeated Senator Adams' question about the                     
 demographics of gang members, and how the legislation would                   
 interact with the juvenile justice system.  MR. GRIMES indicated a            
 significant number of gang members in Anchorage are under the age             
 of 18 and active recruitment is occurring in the junior high and              
 high schools.  The measure covers both juveniles and adults                   
 engaging in criminal gang activity and addresses statutes that                
 require automatic waivers for anyone aged 16 or over committing an            
 unclassified felony and class A felonies.  The Department of Law              
 would have the ability, in extreme cases, to go through a waiver              
 process for persons under the age of 16.                                      
                                                                               
 SENATOR ADAMS stated previous testimony by a police enforcement               
 official revealed specific provisions of the bill to be too                   
 cumbersome to enforce.  He asked if the committee substitute                  
 remedied those problems and asked Mr. Grimes if he had further                
 suggestions to the bill to help law enforcers decrease criminal               
 street gang activity.                                                         
                                                                               
 MR. GRIMES pointed out the committee substitute amends the felony             
 murder statute to address drug dealing which will significantly aid           
 homicide investigations, apart from gang activity, because drugs              
 were a contributing factor in 20 murders since 1993.   Criminal               
 gang activity would also fall under that statute.  Current turf               
 battles between gangs over drug trafficking are occurring and                 
 involve high caliber weapons.  Eliminating the ability to claim               
 self defense when a bystander is involved will aid in prosecution.            
 Active recruitment by rival gangs led to a drive-by shooting last             
 week in Anchorage.   The provision in the bill addressing drive-by            
 shootings will be most significant since those incidents are                  
 occurring more frequently in Anchorage.  For that offense, a 16               
 year old will be waived into adult court and charged with a class             
 A felony.  He believes the stiffer sentences in the proposed                  
 committee substitute will deter criminal gang activity.                       
 SENATOR ADAMS asked if the APD believes it can enforce the                    
 legislation as written.  MR. GRIMES believed so, and that the                 
 legislation will be a useful tool in combatting the problem of                
 criminal gang activity.  Criminal gang investigators in other                 
 states have affirmed that once criminal gang activity begins it               
 does not stop on its own.                                                     
                                                                               
 Number 330                                                                    
                                                                               
 SENATOR TAYLOR commented that part of the concern about                       
 enforceability during the last hearing centered around a police               
 officer's inability to immediately identify a gang member as a                
 person who committed a crime within the previous three years when             
 access to records is problematic.  MR. GRIMES replied that past               
 legislative action has opened up the exchange of information                  
 involving juveniles.  The APD does have access to that information,           
 and is mandated to exchange information with school districts,                
 regarding students with records of violent behavior or firearm use.           
                                                                               
 SENATOR GREEN questioned whether the class A felony conviction for            
 a drive-by shooting applies to criminal gang members only.  MR.               
 GRIMES answered it would apply to anyone shooting from a vehicle.             
                                                                               
 SENATOR ELLIS moved adoption of the committee substitute (Version             
 U).  There being no objection, the motion carried.                            
                                                                               
 Number 356                                                                    
                                                                               
 SENATOR ADAMS asked Mr. Grimes if the bill should contain any other           
 provisions to help law enforcement officials address the problem of           
 criminal street gang activity.  MR. GRIMES stated he was unaware of           
 anything at this time.                                                        
                                                                               
 LT. CASANOVAS, Alaska State Troopers, stated the Department of                
 Public Safety (DPS) believes CSSB 194 provides law enforcement                
 agencies with additional investigative and prosecutorial options.             
 He suspected the legislation will have more impact on urban law               
 enforcement agencies than on the Alaska State Troopers.                       
                                                                               
 SENATOR ADAMS asked Lt. Casanovas if there is anything that could             
 be added to the legislation to help law enforcement officials.  LT.           
 CASANOVAS indicated the legislation is very comprehensive.                    
                                                                               
 CHRISTINE SOUR, testifying via teleconference from Fairbanks, asked           
 if a gang member would be held responsible if at the scene of a               
 gang crime, even though that member did not commit the crime.                 
 SENATOR TAYLOR interpreted the language to mean the gang member               
 would have to be, in fact, involved in the commission of the crime,           
 and to have committed a previous crime as a gang member.                      
                                                                               
 MS. SOUR questioned whether efforts would be made to disband the              
 gang after a crime was committed.  SENATOR TAYLOR did not believe             
 the bill extends that far, as drafted.  MS. CARPENETI stated if a             
 person wants to get out of a gang, he/she needs to stop committing            
 crimes with the gang.  Language on page 2 of the bill requires the            
 gang member to act with the street gang in the commission of a                
 crime.  SENATOR TAYLOR clarified that only those present and                  
 involved would be prosecuted; the bill does not make a person                 
 guilty by association.  MS. CARPENETI emphasized the bill does not            
 criminalize membership in a gang: only active participation in                
 criminal activity by gang members would enhance charges and                   
 sentences.                                                                    
                                                                               
 Number 420                                                                    
                                                                               
 MS. SOUR asked for further clarification of how CSSB 194 will                 
 affect those under 18 years old, since many of the gang problems in           
 Anchorage are among high school students.  SENATOR TAYLOR stated              
 the bill addresses very serious offenses.  Two years ago, the                 
 juvenile law was changed so that an automatic waiver of juvenile              
 jurisdiction occurs when a person over the age of 16 is accused of            
 those specific offenses which include class A felonies.  If a 15              
 year old committed such a crime, he/she would be prosecuted under             
 the juvenile system, unless the prosecutor requested a waiver to              
 adult court.                                                                  
                                                                               
 MS. SOUR questioned when a person can claim self defense in a gang            
 war.  SENATOR TAYLOR explained that claim cannot be made when an              
 innocent bystander is injured or killed during a gang activity.               
 MR. GRIMES and MS. CARPENETI agreed.                                          
                                                                               
 JACK CHENOWETH, Division of Legal Services, informed committee                
 members that when the law was amended several years ago, providing            
 for an automatic waiver of juveniles for offenses punishable as               
 unclassified felonies or class A felonies, the amendment added the            
 requirement that those offenses must be committed against a person.           
 Because of that limiting factor, only the offense against the                 
 innocent bystander (page 2, lines 11-14) qualifies for automatic              
 waiver.  The drive-by shooting offense (page 3, lines 1-3) would              
 not.  SENATOR TAYLOR felt the bill should be amended to include               
 both offenses for qualification of automatic waivers.                         
                                                                               
 Number 488                                                                    
                                                                               
 SENATOR ADAMS asked what the penalty for a class A felony is.  MR.            
 CHENOWETH commented the penalty is serious and substantial but did            
 not provide details.  He noted both AS 11.41.110(a), murder in the            
 second degree, and AS 11.61.190(a), misconduct involving weapons in           
 the first degree, are class A felonies.  The difference is that one           
 is in AS 11.41, which is a crime against a person, the other is               
 not.                                                                          
                                                                               
 MS. CARPENETI noted that this legislation was not intended to                 
 address juveniles, vis a vis adults.  Juveniles, if appropriate or            
 under the law, would be required to be waived to adult court for              
 commission of class A felonies or unclassified felonies, however              
 will be dealt with in the juvenile justice system for other                   
 offenses.  SENATOR TAYLOR expressed concern that this bill will               
 only affect gang members 18 years or older, and to a very limited             
 extent, those 16 years or older.                                              
                                                                               
 MS. CARPENETI responded this bill would not affect the existing               
 juvenile justice system for those under 16.   SENATOR TAYLOR stated           
 that is why the committee is concerned.  If a juvenile discharged             
 a firearm and shot holes through buildings, he/she would be charged           
 as a juvenile.  If the juvenile discharged a firearm and hit a                
 person, the automatic waiver would occur.                                     
                                                                               
 Number 527                                                                    
                                                                               
 LYNN STIMLER, representing the ACLU, stated the ACLU is concerned             
 about the language used in the description of gang activity.                  
 Although the provision requires a person to have two kinds of                 
 conduct, the language is too broad to pass a constitutional test.             
 Identifying markers in the definition describe groups such as girl            
 scouts; if those girl scouts committed a misdemeanor, such as                 
 shoplifting, they would qualify for enhanced sentencing under CSSB
 194.                                                                          
                                                                               
 MS. STIMLER discussed First Amendment concerns with the regulation            
 of forms of expression in the bill.  She also expressed concern               
 with the forfeiture provision, and believed that provision will               
 complicate the bill, since cases are pending before the Ninth                 
 Circuit Court.  SENATOR ADAMS asked Ms. Stimler for suggestions to            
 avoid that problem.  MS. STIMLER suggested removing the forfeiture            
 provision altogether and offered to provide written material.                 
                                                                               
 MS. STIMLER questioned whether the Department of Law still believes           
 the bill would be too expensive and complicated to enforce.  She              
 also questioned how CSSB 194 would affect HB 387, which proposes              
 revision of the Juvenile Justice Code, and HB 104 which addresses             
 confidentiality of records.  She expressed concern that the three             
 bills will conflict with each other, or create a disjointed                   
 approach toward the juvenile justice system.  Her last comment was            
 directed to the lack of due process for juveniles, and juvenile               
 enforcement, created by CSSB 194.                                             
                                                                               
 Number 579                                                                    
                                                                               
 SENATOR ADAMS asked for a summary of HB 387.  MS. STIMLER replied             
 HB 387 proposes a whole-scale revision of the juvenile code and is            
 moving quickly through the process.                                           
                                                                               
 SENATOR ELLIS questioned whether the definition used in SB 194 was            
 upheld under the California Constitution, or whether it was upheld            
 by the U.S. Supreme Court.                                                    
 TAPE ONE, SIDE B                                                              
 Number 000                                                                    
                                                                               
 MS. STIMLER stated she would submit written testimony on that                 
 subject.                                                                      
                                                                               
 SENATOR TAYLOR commented that if the girl scouts were convicted of            
 a misdemeanor offense, the offense would be aggravated from a class           
 B to a class A offense.  Second, if within a year and a half later,           
 the same group committed a murder, an automatic waiver might occur            
 based upon the offense itself.  MS. STIMLER stated that the                   
 misdemeanor offense would be enhanced because the girl scouts would           
 be considered a gang under the definition in CSSB 194.  SENATOR               
 TAYLOR noted it is difficult to get petitions brought to prosecute            
 juveniles who commit misdemeanors.  MS. STIMLER repeated her                  
 concern that the definition is so broad as to include any group               
 dressed similarly and applies to misdemeanor offenses.  She felt              
 the committee is the place to address the definition, rather than             
 a courtroom.  She repeated her offer to provide suggestions to                
 tighten the definition.                                                       
                                                                               
 SENATOR TAYLOR referred to the forfeiture provision and indicated             
 the Municipality of Anchorage can forfeit property in a DWI                   
 offense, but that has not been accomplished at the state level                
 because of lien problems.  MS. CARPENETI stated the bill was                  
 drafted as is because the forfeiture provision is included in one             
 of the allowable sentences in Title 12, so that it is not an                  
 automatic or mandatory forfeiture for a particular offense, but is            
 one of the choices the court can make when sentencing a person.               
 The court must take into consideration any liens on the property.             
                                                                               
 Number 530                                                                    
                                                                               
 SENATOR TAYLOR announced the bill would be held over until the                
 following week and asked MS. STIMLER to submit concerns and                   
 suggestions to the committee before that time.                                
                                                                               
 MS. CARPENETI clarified that the Department of Law did have serious           
 concerns about the way the original bill was drafted, but after               
 working with the sponsor and staff to address those concerns, the             
 Department of Law supports the measure as presently drafted.                  
                                                                               
 There being no further testimony on CSSB 194, the committee took up           
 SB 177.                                                                       
          SB 177 CONCEALED HANDGUN PERMIT AMENDMENTS                          
                                                                              
 BRETT HUBER, legislative aide to Senator Green, prime sponsor of SB
 177, stated the measure proposes to revise Alaska's concealed                 
 handgun permit program (CHP) in order to provide a more                       
 streamlined, cost-efficient process for obtaining a permit, and               
 provides greater latitude for law-abiding citizens to exercise                
 their right to carry concealed weapons under their permits.  Public           
 testimony has been very supportive to the reduction in permit cost,           
 the removal of limitations on where permit holders are allowed to             
 carry, and the allowance of reciprocity agreements with other                 
 states.  Permit holders are required to meet program application              
 criteria, submit to fingerprinting and background checks, receive             
 professional training on the use of, and laws relating to,                    
 firearms, and display competency in the use of a firearm.  He                 
 reviewed a sectional analysis of the legislation.                             
                                                                               
 SENATOR ADAMS discussed his opposition to reducing permit fees                
 because those fees could be used to cover the costs of                        
 investigating and fingerprinting permit applicants.  MR. HUBER                
 replied it is not the sponsor's intent to subsidize this program              
 from other funds, but instead to limit the fees to cover the                  
 application process.  Currently the fee cap is $125; the FBI                  
 charges $24 for fingerprint checks, $35 is assigned to DPS for the            
 Alaska Automated Fingerprinting and Investigation System (AAFIS)              
 check, and the remainder of $63 is used by DPS for the                        
 administrative costs of issuing permits.  When SB 177 moved out of            
 the State Affairs Committee, it moved with a memo to the Senate               
 Finance Committee requesting review of DPS' actual administrative             
 costs to determine the cost of covering this process only.                    
                                                                               
 Number 451                                                                    
                                                                               
 SENATOR ADAMS felt the potential for abuse in this area, resulting            
 from improper investigation, is of concern.                                   
                                                                               
 SENATOR LEMAN commented the State Affairs Committee attempted to              
 get specific information from DPS without success.  He believed the           
 fee of $125 to be excessive, but was unsure whether $65 to be an              
 accurate cost.  MR. HUBER noted DPS has provided a breakdown of               
 program receipts and how those receipts are spent, but the amount             
 includes more than the cost of the permitting process for concealed           
 weapons.  Other functions such as sexual offender registration,               
 security guard licensing, and commercial drivers licensing are                
 included.                                                                     
                                                                               
 SENATOR TAYLOR noted DPS is conducting background checks for other            
 programs at one price, but charges a significantly different price            
 for CHP investigations, and cannot justify that difference.  MR.              
 HUBER stated DPS charges all program applicants the same amount for           
 FBI and AAFIS checks but the office that houses all of those                  
 programs is funded by program receipts from the CHP program alone.            
                                                                               
 SENATOR GREEN indicated there is a fee amount of $63 that is                  
 charged to the CHP applicant that is not justified.  SENATOR TAYLOR           
 noted the Senate Finance Committee will review that aspect of the             
 legislation.  With respect to Senator Adams' concerns, SENATOR                
 GREEN stated if the DPS can justify the $125 fee, she will support            
 that amount, however until it is justified, she will not.                     
                                                                               
 SENATOR ADAMS stated he is opposed to carrying concealed handguns,            
 and asked what existing problems warrant changes to the current               
 program.  He expressed concern that under this legislation a person           
 with a concealed weapon could enter a domestic violence shelter               
 housing his battered wife.  He believed enough time has not passed            
 to determine if the current law, which passed recently, is working            
 as intended.  He commented handguns are handled much more                     
 frequently than rifles, yet handgun training programs do not                  
 adequately address the frequency of handling.                                 
                                                                               
 MR. HUBER agreed a permitted handgun carrier could bring a                    
 concealed weapon into a domestic violence shelter, however a person           
 without a permit could legally carry a handgun into that same                 
 shelter today, as long as the handgun is not concealed.  SENATOR              
 ADAMS believed a person would be stopped faster if the handgun was            
 exposed.                                                                      
                                                                               
 TESS LANUM, Vice President of legislation for the Alaska PTA,                 
 testified in opposition to SB 177.  The PTA believes allowing                 
 deadly weapons on school grounds will hinder their endeavor to                
 protect children from harm.  The children of Alaska should be able            
 to attend school knowing that the lawmakers of this state would not           
 allow anything deadly onto their school's property, and parents               
 should feel their children are secure while attending school.  The            
 State of Alaska leads the nation in per capita firearm injuries and           
 deaths.  According to the Division of Vital Statistics, the number            
 of firearm-related deaths has continued to rise since 1990.  The              
 injury or death of any student can be prevented if lawmakers                  
 prohibit guns on school property.  Over 122,000 students attend               
 school in Alaska.  The PTA believes that the 4000 permitholders               
 inconvenienced because they cannot bring guns on school property              
 does not warrant this legislation.  MS. LANUM repeated the lives,             
 safety and well being of the children of Alaska are no less                   
 important than the lives of people who work in other facilities               
 where guns are prohibited.                                                    
                                                                               
 Number 319                                                                    
                                                                               
 SENATOR TAYLOR asked Mr. Lanum how many schools in Alaska have                
 rifle or pistol teams.  MS. LANUM did not know how many exist.                
 SENATOR TAYLOR stated such training programs could not be                     
 accommodated if guns were prohibited from school grounds                      
 completely.  MS. LANUM responded the difference between a training            
 program is that everyone is aware of the program, an instructor is            
 available, and students are learning about firearms.  If SB 177               
 passes, no one will know who is entering school grounds with a                
 concealed handgun.  The PTA's concern is one of safety.                       
                                                                               
 Number 281                                                                    
                                                                               
 SENATOR TAYLOR stated under current law nothing prevents a person             
 from carrying an exposed weapon onto school grounds.  MS. LANUM               
 replied in Kenai, a person cannot have a gun in plain view on                 
 school property.  MR. HUBER explained the existing prohibition on             
 school grounds for firearms, other than for specific range use,               
 requires weapons to be unloaded and in a case.                                
                                                                               
 SENATOR GREEN commented that a person who, through profession,                
 needs to carry a gun, must expose the handgun when on school                  
 grounds, which is awkward for people merely dropping children off             
 at school.  She believed current restrictions on law abiding,                 
 trained, permitholders to be onerous.  MS. LANUM agreed it is an              
 inconvenience for that small group of people, but accidents occur,            
 guns and children don't belong together, and school should be a               
 safe haven.                                                                   
                                                                               
 SENATOR MILLER stated he understood the PTA's concerns, but the               
 group of 4,000 permitholders are not the people that are cause for            
 concern; non-permitholders are.  SENATOR TAYLOR commented                     
 permitholders receive more safety training than many police                   
 officers.  MS. LANUM reiterated there are over 122,000 students in            
 Alaskan schools whose safety should come first, as opposed to only            
 4,019 permitholders who might be inconvenienced by the school                 
 ground prohibition.                                                           
                                                                               
                                                                               
 SENATOR TAYLOR asked if a huge drop in drug use occurred after                
 drug-free school zone signs were posted.  MS. TANUM did not know.             
 SENATOR TAYLOR believed those signs to be no more than a token                
 attempt to remedy the drug problem, which has worsened.  Testimony            
 on other legislation has revealed that gang members in schools are            
 dealing drugs and carrying guns.  MS. TANUM stated no one believed            
 sign posting would eradicate drug use but it was done to advocate             
 the prevention of drug use.                                                   
                                                                               
 SENATOR TAYLOR asserted it might be safer to have a person with a             
 permitted handgun on school grounds if a deranged individual                  
 entered the school ground.  MS. TANUM did not believe it likely               
 both would be on school grounds simultaneously.  SENATOR TAYLOR               
 felt opposition to SB 177 centers around classifying permitholders            
 in the same category as irresponsible gun owners.  MS. TANUM stated           
 the problem is that guns are deadly and do not belong around                  
 children.  SENATOR MILLER commented that people kill people; many             
 different weapons can be used.                                                
                                                                               
 Number 152                                                                    
                                                                               
 JANE WINEINGER, representing the NRA, testified in support of SB
 177 for the following reasons.  Changes incorporated in the                   
 legislation solidly reflect the NRA's concerns with the current               
 law.  Individuals cannot rely on others for personal safety, and              
 need to protect themselves.  Current restrictions are a burden on             
 all law-abiding citizens, who do not take the permit system                   
 lightly.  A lot of hysterical commentary exists about SB 177, which           
 is not factual.  Schools and hospitals do not assume liability for            
 employee safety, therefore those employees must arrange for their             
 own safety.  This bill will not change criminal behavior, as those            
 people do not follow the law anyway.  She described a situation in            
 a school in Central Washington in which three people were killed              
 and one injured by a deranged 14 year old.  The right to live and             
 be secure from personal attack is one of the most fundamental                 
 rights of human beings.  According to the Department of Justice, 87           
 percent of all violent crime happens outside the home.  Having the            
 right to carry a firearm without arduous restrictions gives the               
 honest citizen, especially women, freedom to leave their homes and            
 provide protection for their families and themselves, a necessity             
 since the Supreme Court has ruled that local law enforcement has no           
 duty to protect a particular person, but only a general duty to               
 enforce the law.  Law-abiding citizens must be given an even chance           
 against predators who do not abide by any laws or apply for                   
 permits.  The passage of SB 177 gives people a tool for self-                 
 protection.                                                                   
                                                                               
 Number 055                                                                    
                                                                               
 SENATOR ADAMS asked for statistics on the number of crimes                    
 committed by people with permits.  MS. WINEINGER estimated less               
 than one percent of permits have been revoked, some because                   
 permitholders left the state.  She added in no state is the amount            
 over one percent.  SENATOR GREEN affirmed leaving the state is                
 cause for revocation.  MR. HUBER commented that as of December,               
 1995, DPS reported one permit revocation out of 3,154 permits and             
 none of the revocations in the state have ever resulted from the              
 misuse of a weapon.                                                           
                                                                               
 SENATOR ELLIS asked Ms. Wineinger if she was suggesting in her                
 testimony that the bill should be amended to allow teachers and               
 other staff to carry guns to stop violent incidents.  MS. WINEINGER           
 replied she thinks the bill is adequate as is, and her comments               
 were directed to the possibility that permitholders might prevent             
 a violent incident, rather than cause one.                                    
                                                                               
 SENATOR GREEN discussed a proposed bill last year that prohibited             
 carrying a weapon within one hundred yards of school grounds, which           
 raised questions regarding whether it would be criminal to carry a            
 gun on private property abutting school grounds or in vehicles                
 passing schools.  SB 177 was drafted to clarify where a concealed             
 weapon can be carried and to ensure a concealed weapon can remain             
 concealed, rather than require the permitholder to expose it when             
 unnecessary.                                                                  
                                                                               
 SENATOR ELLIS commented on the example of the teacher pulling out             
 a gun to shoot the deranged 14 year old that suggested further                
 amendments to the bill.  SENATOR GREEN stated it is particularly              
 interesting that in Ms. Wineinger's training classes, teachers,               
 nurses, and women who do shift work, want to carry concealed                  
 weapons.  MS. WINEINGER noted her training classes include a high             
 percentage of teachers concerned about their safety.                          
                                                                               
 TAPE TWO, SIDE A                                                              
 Number 000                                                                    
                                                                               
 LARRY WIGET, Director of Government Relations for the Anchorage               
 School District, testified in opposition to the section of the bill           
 that allows concealed weapons to be carried onto school grounds.              
 The Anchorage School District has a policy opposing such activity             
 with strict rules and penalties and the municipality has an                   
 ordinance in opposition also.                                                 
                                                                               
 SENATOR GREEN asked if Mr. Wiget was aware that SB 177 does not               
 allow anyone of school age to carry a concealed weapon on school              
 grounds.  He replied he was.                                                  
                                                                               
 HARLAN KNUDSON, representing the Alaska State Hospital and Nursing            
 Home Association, requested that hospitals and nursing homes be               
 added to Section 12 of SB 177.  SENATOR GREEN questioned current              
 policy regarding hospitals.  MR. KNUDSON responded under current              
 law it is unclear whether posting a sign on hospital or nursing               
 home grounds prohibiting the carrying of a concealed weapon would             
 be enforceable.  MR. HUBER explained that the Attorney General's              
 Office has prepared a legal opinion on that question (7/12/95) and            
 concluded the state's criminal trespass laws can be used to arrest            
 and prosecute a person who possesses a concealed handgun on private           
 businesses premises if a notice has been posted.                              
                                                                               
 Number 089                                                                    
                                                                               
 SENATOR ADAMS asked if inclusion of Mr. Knudson's requested                   
 language would hurt the bill in any way.  MR. HUBER replied                   
 permitholders face a misdemeanor violation as opposed to non-                 
 permitholders who face a trespass violation.  The misdemeanor                 
 violation is more serious, therefore permitholders are singled out            
 as a separate class of people in violation beyond that of people              
 carrying exposed weapons.  The sponsor believes permitholders                 
 should not be discriminated against for qualifying and obtaining a            
 permit.  SENATOR ADAMS requested a copy of the legal opinion.                 
                                                                               
 MOE McGEE, Director of Anchorage Municipal Libraries, stated the              
 only weapons appropriate in libraries are words.                              
                                                                               
 CURTIS GREEN testified in support of SB 177, as the issue is a                
 matter of freedom and common sense.  He believed the permit process           
 should be as unrestrictive as possible because only law-abiding               
 citizens will apply; dishonest people will not.                               
                                                                               
 KATE TESAR, representing the Inland Boatmens' Union of the Pacific,           
 discussed the current ferry policy regarding the carrying of                  
 concealed weapons on marine highway vessels.  To ensure passenger             
 safety, only unloaded firearms are allowed on vessels; ammunition             
 is stowed separate from firearms.  Unloaded firearms may be                   
 securely locked in a passenger's vehicle, other legal weapons                 
 brought aboard by walk-on passengers must be checked with the                 
 ship's personnel.  The Inland Boatmen's Union is satisfied with its           
 current policy and asked the committee to amend SB 177 to enable              
 the Marine Highway to continue this policy.                                   
                                                                               
 SENATOR TAYLOR stated he intends to offer an amendment which would            
 allow the Marine Highway system to operate under the same                     
 regulations it currently follows.                                             
                                                                               
 RAYMOND CARR, an instructor for the NRA's Personal Protection                 
 Program since 1985, testified in support of SB 177.  He commented             
 that 25 percent of people who contact him for training choose not             
 to apply for a permit when they learn of the restrictions.  He                
 believed SB 177 will alleviate potential applicants' concerns.  He            
 also supported the reciprocity provision with other states.  He               
 suggested simplifying Section 9 to decrease costs.  He disagreed              
 with the deletion of the maximum caliber requirement in SB 177,               
 because applicants need to be trained in the use of such guns if              
 they plan to handle them.                                                     
                                                                               
 SENATOR ADAMS asked the cost of an NRA training course.  MR. CARR             
 replied the cost is $120 which includes the class, fingerprinting             
 and a photo I.D.                                                              
                                                                               
 PATTY OWEN, representing herself as a concerned parent, stated she            
 agrees with the PTA's position.  She opposed simplifying the permit           
 process and the removal of restrictions on where concealed handguns           
 can be carried, particularly in places where children congregate.             
 No precaution is too much to take when it comes to the safety of              
 children.  Laws should not be changed because they inconvenience              
 people, and it is an undue burden on her to post a sign prohibiting           
 concealed weapons on her property.  She asked for clarification of            
 whether it is a criminal offense to ignore a posted sign on private           
 property.  She disagreed with decreasing fees to allow the needy to           
 carry concealed weapons.  She believed if self-defense is the                 
 issue, other less-deadly methods should be used.  She stated her              
 support for existing law.                                                     
                                                                               
 Number 288                                                                    
                                                                               
 JAYNE ANDREEN, representing the Council on Domestic Violence and              
 Sexual Assault, testified in opposition to SB 177.  The Council is            
 most concerned about the removal of the prohibition of concealed              
 weapons in facilities that provide services to victims of domestic            
 violence and sexual assault.  Many domestic violence offenders are            
 "law-abiding citizens" who do not have criminal records, and would            
 be eligible for a concealed weapon permit.  It is vitally important           
 that victims of domestic violence and sexual assault have a safe              
 place to go.                                                                  
                                                                               
 SENATOR GREEN informed Ms. Andreen of the Attorney General's                  
 Opinion regarding enforceability when signs are posted.                       
                                                                               
 CLAUDIA DOUGLAS, President of NEA Alaska, expressed concern about             
 the portion of the bill which allows concealed weapons to be                  
 carried on school grounds.  She asked whether a school district               
 could enforce a policy if signs were posted prohibiting the                   
 carrying of concealed weapons within the district.                            
                                                                               
 SENATOR TAYLOR stated most schools are bordered by public streets.            
 He felt the practical problem of determining whether a                        
 permitholder, escorting a child to school, would have to remove a             
 concealed weapon if he/she stepped off of a public sidewalk onto              
 school property to be too cumbersome.  He asked how "school                   
 grounds" are defined.  MS. DOUGLAS replied there is an actual                 
 boundary around a school.  MS. DOUGLAS stated the NEA's concern is            
 the potential for mischief and accidents that could happen if                 
 concealed guns are carried onto school property.                              
                                                                               
 SENATOR TAYLOR questioned the number of illegally concealed weapons           
 and drugs in schools right now.  He believed mechanisms used to               
 ensure student and teacher safety to be ineffective and noted                 
 background checks required of permit applicants are more extensive            
 than those required of teachers.                                              
                                                                               
 SENATOR GREEN expressed frustration that people continue to confuse           
 criminals with law-abiding permitholders.  She stated this bill is            
 designed to allow people who may carry large sums of money and work           
 in dangerous neighborhoods to protect themselves.  She emphasized             
 a person can carry an exposed gun anywhere without a permit.                  
                                                                               
 SENATOR ELLIS stated it only takes one crime to become a non-law-             
 abiding citizen and there is no guarantee that because a person               
 passed a test he/she will not commit a crime.  SENATOR MILLER                 
 replied the statistical odds are against that occurring.                      
                                                                               
 BELINDA DANIELS, a member of the NEA Board of Directors, opposed              
 changes in the language in Section 12 of the committee substitute.            
 She believed people need the assurance of knowing that in airline             
 terminals, government offices, public buildings, or the Alaska                
 Marine Highway, no one has the right to carry a concealed weapon.             
 Removing that restriction makes society more unsafe.  In 1991 the             
 teachers' association worked closely with the School District to              
 develop a policy that contains concrete consequences to promote               
 zero tolerance for any weapons on school grounds in response to an            
 increase in the incidents of students bringing weapons to school.             
 Signs have been posted in schools, clearly outlining the policy.              
                                                                               
 SENATOR TAYLOR asked what the consequences are.  MS. DANIELS stated           
 a student caught with a gun on school grounds can be expelled.  She           
 stressed the importance of prevention rather than punitive action,            
 since junior high school students emulate adults, therefore may               
 bring parent's permitted handguns to school.                                  
                                                                               
 CHRIS SULLIVAN, a permitholder, testified in support of SB 177.               
 The NRA has a program to train young people about safe gun                    
 handling, and emphasizes that rather than touch a gun if found,               
 tell an adult.  He did not agree with MS. TANUM, and believed a               
 child should feel safest in his/her own home.  He questioned why              
 teachers are afraid of permitholders, since obtaining a permit has            
 never caused anyone to commit a crime.  He believes drunk drivers             
 cause a lot more damage than permitted handgun holders.                       
                                                                               
 SENATOR TAYLOR offered amendment #1, which ensures that both                  
 federal and state laws are incorporated in the promulgation of                
 regulations regarding the ferry system.  There being no objection,            
 amendment #1 was adopted.                                                     
                                                                               
 SENATOR GREEN moved for adoption of amendment #2 which addresses              
 reciprocity.  The amendment would allow DPS to issue a permit to a            
 person holding a valid permit issued by another state, if that                
 state allows Alaska permitholders reciprocity, as determined by the           
 DPS.                                                                          
                                                                               
 SENATOR ADAMS asked if other states would have to have a law                  
 identical to Alaska's.  SENATOR TAYLOR stated they are all a bit              
 different.  SENATOR ELLIS asked if another state had lesser                   
 standards, whether those standards would be accepted by DPS.                  
 SENATOR GREEN explained that if the other state recognized Alaska's           
 provisions, Alaska would recognize that state's.  SENATOR TAYLOR              
 clarified it would be up to DPS to decide whether the standards of            
 another state were acceptable.                                                
                                                                               
 SENATOR ADAMS objected to adoption of amendment #2 because a                  
 representative of the DPS was not available to answer questions. He           
 asked Mr. Huber to provide committee members with additional                  
 information on amendment #2.  MR. HUBER stated the program would be           
 similar to drivers license agreements.  A person driving in another           
 state is required to follow the laws of that state when driving               
 there.  SENATOR ADAMS stated he is more concerned about the                   
 standards a permitholder was required to meet to obtain a permit.             
                                                                               
 A roll call vote was taken on amendment #2.  The motion carried               
 with Senators Miller, Green, and Taylor voting "yea," and Senators            
 Ellis and Adams voting "nay."  SENATOR ELLIS voiced his opposition            
 to the lack of information available about amendment #2 prior to              
 its adoption.  SENATOR GREEN noted the DPS was agreeable to the               
 reciprocity arrangement.  SENATOR ELLIS asked if DPS has full                 
 discretion to determine which states have reciprocity.  SENATOR               
 GREEN replied affirmatively.  SENATOR TAYLOR agreed the standards             
 required of other states accepted by DPS should be made available             
 to committee members and requested Mr. Huber to provide that                  
 information.                                                                  
                                                                               
 SENATOR GREEN moved SB 177 as amended from committee with                     
 individual recommendations.  SENATOR ADAMS objected.  The motion              
 carried with Senators Taylor, Green and Miller voting "yea," and              
 Senators Adams and Ellis voting "nay."  The meeting was adjourned.            
                                                                               

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