Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/29/2013 01:30 PM JUDICIARY

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* first hearing in first committee of referral
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= bill was previously heard/scheduled
Moved Out of Committee 3/27/13
-- Public Hearing --
Heard & Held
Heard & Held
Bills Previously Heard/Scheduled
Moved CSSSSB 36(JUD) Out of Committee
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 29, 2013                                                                                         
                           1:36 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator John Coghill, Chair                                                                                                     
Senator Fred Dyson                                                                                                              
Senator Bill Wielechowski                                                                                                       
MEMBERS ABSENT                                                                                                                
Senator Lesil McGuire, Vice Chair                                                                                               
Senator Donald Olson                                                                                                            
COMMITTEE CALENDAR                                                                                                            
CS FOR HOUSE BILL NO. 24(JUD)                                                                                                   
"An Act relating to self-defense in  any place where a person has                                                               
a right to be."                                                                                                                 
     - MOVED CSHB 24(JUD) OUT OF COMMITTEE 3/27/13                                                                              
HOUSE BILL NO. 81                                                                                                               
"An Act  making corrective amendments  to the Alaska  Statutes as                                                               
recommended  by the  revisor of  statutes; and  providing for  an                                                               
effective date."                                                                                                                
     - HEARD & HELD                                                                                                             
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 83(JUD)                                                                                 
"An  Act  relating  to  certain  federal  statutes,  regulations,                                                               
presidential  executive  orders   and  actions,  and  secretarial                                                               
orders  and  actions; relating  to  the  duties of  the  attorney                                                               
general; and providing for an effective date."                                                                                  
     - HEARD & HELD                                                                                                             
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 36                                                                                       
"An Act relating to missing  vulnerable adult prompt response and                                                               
notification plans."                                                                                                            
     - MOVED CSSSSB  36(JUD) OUT OF COMMITTEE                                                                                   
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 69(JUD)                                                                                 
"An  Act exempting  certain  firearms,  firearm accessories,  and                                                               
ammunition  in  this  state from  federal  regulation;  declaring                                                               
certain   federal  statutes,   regulations,  rules,   and  orders                                                               
unconstitutional under the Constitution of  the United States and                                                               
unenforceable  in this  state; providing  criminal penalties  for                                                               
federal officials  who enforce  or attempt  to enforce  a federal                                                               
statute, regulation,  rule, or order regulating  certain firearms                                                               
and  firearm accessories  in  this state;  and  providing for  an                                                               
effective date."                                                                                                                
     - HEARD & HELD                                                                                                             
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HB  81                                                                                                                  
SHORT TITLE: 2013 REVISOR'S BILL                                                                                                
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL                                                                             
01/22/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/22/13       (H)       JUD                                                                                                    
03/01/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/01/13       (H)       Heard & Held                                                                                           
03/01/13       (H)       MINUTE(JUD)                                                                                            
03/04/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/04/13       (H)       Heard & Held                                                                                           
03/04/13       (H)       MINUTE(JUD)                                                                                            
03/11/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/11/13       (H)       Moved Out of Committee                                                                                 
03/11/13       (H)       MINUTE(JUD)                                                                                            
03/13/13       (H)       JUD RPT 5DP                                                                                            
03/13/13       (H)       DP: GRUENBERG, LYNN, LEDOUX, FOSTER,                                                                   
03/15/13       (H)       TRANSMITTED TO (S)                                                                                     
03/15/13       (H)       VERSION: HB 81                                                                                         
03/18/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/18/13       (S)       JUD                                                                                                    
03/29/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
BILL: HB  83                                                                                                                  
SHORT TITLE: FEDERAL LAWS & EXECUTIVE ORDERS                                                                                    
SPONSOR(s): KELLER                                                                                                              
01/22/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/22/13       (H)       JUD                                                                                                    
02/08/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/08/13       (H)       Heard & Held                                                                                           
02/08/13       (H)       MINUTE(JUD)                                                                                            
02/18/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/18/13       (H)       Scheduled But Not Heard                                                                                
02/25/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/25/13       (H)       Scheduled But Not Heard                                                                                
02/27/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/27/13       (H)       Heard & Held                                                                                           
02/27/13       (H)       MINUTE(JUD)                                                                                            
03/04/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/04/13       (H)       Moved CSHB  83(JUD) Out of Committee                                                                   
03/04/13       (H)       MINUTE(JUD)                                                                                            
03/05/13       (H)       JUD RPT CS(JUD) NT 5DP                                                                                 
03/05/13       (H)       DP: MILLETT, GRUENBERG, PRUITT, FOSTER,                                                                
03/13/13       (H)       TRANSMITTED TO (S)                                                                                     
03/13/13       (H)       VERSION: CSHB 83(JUD)                                                                                  
03/15/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/15/13       (S)       JUD                                                                                                    
03/29/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
BILL: SB  36                                                                                                                  
SHORT TITLE: MISSING VULNERABLE ADULT RESPONSE PLAN                                                                             
SPONSOR(s): ELLIS                                                                                                               
01/25/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/25/13       (S)       STA, JUD                                                                                               
02/08/13       (S)       SPONSOR SUBSTITUTE INTRODUCED-REFERRALS                                                                
02/08/13       (S)       STA, JUD                                                                                               
02/21/13       (S)       STA RPT  3DP                                                                                           
02/21/13       (S)       DP: DYSON, WIELECHOWSKI, STEDMAN                                                                       
02/21/13       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
02/21/13       (S)       Moved SSSB 36 Out of Committee                                                                         
02/21/13       (S)       MINUTE(STA)                                                                                            
03/27/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/27/13       (S)       Heard & Held                                                                                           
03/27/13       (S)       MINUTE(JUD)                                                                                            
03/29/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
BILL: HB  69                                                                                                                  
SHORT TITLE: EXEMPT FIREARMS FROM FEDERAL REGULATION                                                                            
SPONSOR(s): CHENAULT                                                                                                            
01/16/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/13       (H)       JUD                                                                                                    
01/18/13       (H)       BILL REPRINTED 1/17/13                                                                                 
02/08/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/08/13       (H)       Heard & Held                                                                                           
02/08/13       (H)       MINUTE(JUD)                                                                                            
02/18/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/18/13       (H)       Moved CSHB  69(JUD) Out of Committee                                                                   
02/18/13       (H)       MINUTE(JUD)                                                                                            
02/20/13       (H)       JUD RPT CS(JUD) NT  6DP 1NR                                                                            
02/20/13       (H)       DP: MILLETT, PRUITT, LYNN, FOSTER,                                                                     
                         LEDOUX, KELLER                                                                                         
02/20/13       (H)       NR: GRUENBERG                                                                                          
02/27/13       (H)       TRANSMITTED TO (S)                                                                                     
02/27/13       (H)       VERSION: CSHB 69(JUD)                                                                                  
02/28/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/13       (S)       JUD                                                                                                    
03/15/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/15/13       (S)       Heard & Held                                                                                           
03/15/13       (S)       MINUTE(JUD)                                                                                            
03/18/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/18/13       (S)       Heard & Held                                                                                           
03/18/13       (S)       MINUTE(JUD)                                                                                            
03/20/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/20/13       (S)       -- MEETING CANCELED --                                                                                 
03/25/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/25/13       (S)       Heard & Held                                                                                           
03/25/13       (S)       MINUTE(JUD)                                                                                            
03/29/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
WITNESS REGISTER                                                                                                              
KATHERINE KURTZ, Revisor of Statutes                                                                                            
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented HB 81.                                                                                          
JIM POUND, Staff                                                                                                                
Representative Wes Keller                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced HB 83 on behalf of the sponsor.                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section                                                                                                          
Criminal Division                                                                                                               
Department of Law                                                                                                               
POSITION STATEMENT: Commented on an amendment to SB 36.                                                                       
NATHAN ZENSEY, Staff                                                                                                            
Senator Johnny Ellis                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:  Explained  the   intent  of  amendment  28-                                                             
LS0338\C.1 to SB 36.                                                                                                            
JORDAN SHILLING, Staff                                                                                                          
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Explained the changes  in the Senate  CS for                                                             
HB 69.                                                                                                                          
MIKE COONS, representing himself                                                                                                
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in reluctant support  of version I                                                             
for HB 69.                                                                                                                      
THOM BUZARD, Commander                                                                                                          
Alaska Citizen's Militia                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  support of including the felony                                                             
language in HB 69.                                                                                                              
ACTION NARRATIVE                                                                                                              
1:36:33 PM                                                                                                                    
CHAIR  JOHN   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:36  p.m. Present at the  call to                                                               
order were Senators Dyson, Wielechowski, and Chair Coghill.                                                                     
                   HB  81-2013 REVISOR'S BILL                                                                               
1:37:38 PM                                                                                                                    
CHAIR COGHILL announced the consideration of HB 81.                                                                             
1:37:45 PM                                                                                                                    
KATHERINE   KURTZ,  Revisor   of   Statutes,  Legislative   Legal                                                               
Services, Legislative Affairs  Agency, explained that Legislative                                                               
Legal  Services is  statutorily required  to submit  a bill  each                                                               
year to correct and remove  deficiencies, conflicts, and obsolete                                                               
provisions in the statutes. She  provided the following sectional                                                               
Section  1  amends AS  04.11.080  to  include destination  resort                                                               
licenses in the  list of licenses and permits  issued under Title                                                               
4 relating to alcoholic beverages.  When this license was created                                                               
it wasn't added to this statute.                                                                                                
Section  2 amends  AS 04.11.220(e)  to update  a reference  to an                                                               
accreditation organization that has changed its name.                                                                           
Section  3   amends  AS  08.70.110(a)   to  repeal   an  obsolete                                                               
licensing  provision  for  nursing home  administrators  licensed                                                               
under  emergency  regulation  that  was  repealed  in  1977.  The                                                               
Department of  Law has said  that no  one is licensed  under this                                                               
Sections  4  and 6  relate  to  the  definition  of "oil  or  gas                                                               
pipeline or  supporting facilities," which doesn't  exactly match                                                               
usage in  the statutes. Section  4 changes the  term "facilities"                                                               
to "facility"  in AS 11.46.495.  Section 6 changes "and"  to "or"                                                               
in  AS 11.56.810(a)(2)  for  consistency and  to  match the  term                                                               
defined in AS 11.46.495.                                                                                                        
1:39:48 PM                                                                                                                    
SENATOR  WIELECHOWSKI noted  that 5-6  years ago  the legislature                                                               
changed the  term "and" to  "or" in  a statute regarding  oil and                                                               
gas and  it brought an additional  $160 million to the  state. He                                                               
inquired  what the  proposed change  in Section  6 exactly  deals                                                               
MS KURTZ explained  that these are criminal  statutes that relate                                                               
to  an oil  or gas  pipeline  or supporting  facility. Section  4                                                               
deals with  offenses against  property and  Section 6  deals with                                                               
terroristic threatening.                                                                                                        
Section 5 adds the word  "to" in AS 11.51.100((a)(3), because the                                                               
preposition was missing.                                                                                                        
Section 7  changes the  term "education"  to "educational"  in AS                                                               
14.20.310(a) to match the term used  in AS 14.08 and elsewhere in                                                               
the statutes.                                                                                                                   
Sections  8  and 9  replace  the  term "election  district"  with                                                               
"house district" in AS 15.10.120(a)  and AS 15.15.430(a) to match                                                               
changes in the state constitution.                                                                                              
Sections  10-17 remove  the  phrase  "but not  limited  to" in  a                                                               
section relating  to safe employment  and in  several definitions                                                               
relating  to safety  glazing. AS  01.10.040(b) directs  that when                                                               
the term "including"  is used in a law, it  should always be read                                                               
as though  it were followed by  the phrase "but not  limited to."                                                               
This change  brings those definitions into  consistency with that                                                               
provision in statute and the drafting manual.                                                                                   
Section 10 also  replaces the term "work  place" with "workplace"                                                               
in AS 18.60.075(a).                                                                                                             
Section 18  amends AS  18.63.040(b) to replace  a reference  to a                                                               
repealed  regulation with  a generic  reference  to a  regulation                                                               
adopted by the department.                                                                                                      
Sections 19-21, 24-27,  and 31 relate to the  commissioner of the                                                               
Department  of  Transportation  and  Public  Facilities  (DOTPF).                                                               
There is currently  no definition of "commissioner"  and the term                                                               
has been used  inconsistently. This creates a  new definition for                                                               
the  entire title  so it  doesn't need  to be  spelled out  every                                                               
time. The meaning of the current references won't change.                                                                       
Sections 22-23  remove obsolete dates  in AS 35.27.020(c)  and AS                                                               
Section 28 amends AS 44.62.175(a),  relating to the Alaska Online                                                               
Public  Notice System,  to update  the  provision requiring  that                                                               
summaries of certain  opinions of the attorney  general be posted                                                               
on the system.                                                                                                                  
Section 29 adds  the word "energy" to AS  44.88.070(1) to conform                                                               
to  changes  made previously  to  AS  44.88.010(a) and  (b).  The                                                               
omission was an oversight.                                                                                                      
Section  30  amends  AS  47.12.310(a)   to  resolve  an  internal                                                               
conflict between subsections (a) and (i) of AS 47.12.310.                                                                       
Section  31 repeals  the definition  of the  commissioner of  the                                                               
Department  of  Transportation  and  Public  Facilities  from  AS                                                               
Section 32 provides an immediate effective date.                                                                                
1:46:49 PM                                                                                                                    
SENATOR DYSON asked where suggestions for revisions come from.                                                                  
MS. KURTZ  replied they come  from various sources  including the                                                               
attorney  general's   office  and  Legislative   Legal  Services'                                                               
SENATOR DYSON inquired if any  suggestions come from the Duke Law                                                               
MS.  KURTZ  said  no,  but   other  sources  include  LexisNexis,                                                               
attorneys in the legislative legal  office and, on rare occasion,                                                               
the public.                                                                                                                     
SENATOR  DYSON  asked if  they  get  nothing  from the  Duke  Law                                                               
MS.  KURTZ said  she has  never been  contacted by  the Duke  Law                                                               
SENATOR  DYSON expressed  astonishment since  he understands  the                                                               
legislature has  a contract  with them  that includes  review and                                                               
MS. KURTZ said  she wasn't able to comment on  who the parties to                                                               
that contract are.                                                                                                              
1:49:11 PM                                                                                                                    
CHAIR COGHILL  stated he would hold  HB 81 and take  action on it                                                               
on Monday.                                                                                                                      
             HB  83-FEDERAL LAWS & EXECUTIVE ORDERS                                                                         
1:50:19 PM                                                                                                                    
CHAIR  COGHILL  announced  the  consideration  of  HB  83.  [CSHB                                                               
83(JUD) was before the committee.]                                                                                              
1:50:39 PM                                                                                                                    
JIM POUND,  Staff, Representative Wes  Keller, sponsor of  HB 83,                                                               
introduced the  bill on behalf  of the  sponsor. He spoke  to the                                                               
following sponsor statement: [Original punctuation provided.]                                                                   
     CS  for  HB  83  clarifies in  Alaska  Statute  that  a                                                                    
     federal  statute,  regulation,  presidential  executive                                                                    
     orders, or  secretarial orders or actions  that are not                                                                    
     properly  adopted   or  are  unconstitutional   do  not                                                                    
     preempt state  law. The Attorney General  will continue                                                                    
     to  review  and  report  federal  statute,  regulation,                                                                    
     presidential  executive orders,  or secretarial  orders                                                                    
     or  actions  that  appear to  have  not  been  properly                                                                    
     adopted. Under CSHB 83 those  reports will be forwarded                                                                    
     to the legislature for consideration.                                                                                      
     CSHB  83 presumes  Alaska  Legislative  interest in  an                                                                    
     important  legal  process  known as  nullification.  It                                                                    
     opens  the  opportunity  for   the  state  to  consider                                                                    
     proclaiming  a  federal law  or  rule  to be  void  and                                                                    
     inoperative, or  'non-effective' within  the boundaries                                                                    
     of  that state.  In CSHB  83 a  negative review  by the                                                                    
     Attorney  General  would  generate   an  alert  to  our                                                                    
     Judiciary Committees  so nullification  legislation can                                                                    
     be considered.                                                                                                             
     There  has  been disagreement  regarding  nullification                                                                    
     going  back   to  the  late  eighteenth   century.  Not                                                                    
     surprisingly, federal  courts have often  leaned toward                                                                    
     favoring federal power over  state sovereignty in spite                                                                    
     of the fact that  our founding fathers clearly intended                                                                    
     otherwise.  Federalism is  our historically  unique and                                                                    
     profound  arrangement  where   sovereign  and  separate                                                                    
     states got  together and  carefully designed  a central                                                                    
     government  with limited  powers.  It  is an  illogical                                                                    
     perversion  of  one  of  our  most  important  founding                                                                    
     principles   to  presume   states   must  comply   with                                                                    
     unconstitutional federal  language. CSHB 83  presumes a                                                                    
     proper State  responsibility to uphold and  protect our                                                                    
     CSHB 83  is intended  to provide  important information                                                                    
     to  the   Alaska  State  Legislature  by   tapping  the                                                                    
     expertise  and  evaluation  of  our  Attorney  General.                                                                    
     Certainly  the  legislature  has  a  responsibility  to                                                                    
     consider  its response  whenever there  is question  of                                                                    
     constitutionality of a federal  statute, or the process                                                                    
     involved in  regulation, presidential  executive order,                                                                    
     or secretarial order or actions.                                                                                           
SENATOR WIELECHOWSKI  summarized that  the attorney  general will                                                               
review  federal  statutes,   regulations,  executive  orders  and                                                               
actions  and secretarial  orders  to make  sure  that they  don't                                                               
conflict with state law.                                                                                                        
MR. POUND clarified  that there is already a  review process, but                                                               
bringing  the findings  up  under state  law will  be  up to  the                                                               
determination of the judiciary committees.                                                                                      
SENATOR WIELECHOWSKI asked  if there would be  a timeline imposed                                                               
on the attorney general to  review all of these documents because                                                               
it could be tens if not hundreds of thousands of pages.                                                                         
MR.  POUND said  he couldn't  speak to  how the  attorney general                                                               
does it  now, but he  did know  that DOL provides  information to                                                               
the governor's office.  The bill ensures that  the legislature is                                                               
included in the loop.                                                                                                           
SENATOR WIELECHOWSKI  highlighted that  the bill doesn't  ask the                                                               
attorney  general to  do anything  new,  just notify  legislative                                                               
bodies if there are conflicts.                                                                                                  
MR. POUND agreed.                                                                                                               
SENATOR  WIELECHOWSKI  asked  if  there  are  specific  [federal]                                                               
statutes, regulations,  or executive orders that  he believes are                                                               
currently being violated.                                                                                                       
1:54:39 PM                                                                                                                    
MR. POUND  said he  finds a recent  interpretation from  the U.S.                                                               
Department of  Veterans Affairs  interesting. He  characterized a                                                               
letter sent  to veterans about competency  as excessive oversight                                                               
based  on  a  regulation  promulgated  by the  VA.  He  read  the                                                               
following excerpt:                                                                                                              
     A determination of incompetency  will prohibit you from                                                                    
     purchasing,  possessing, receiving,  or transporting  a                                                                    
     firearm or ammunition. If you  knowingly violate any of                                                                    
     these provisions you may be  fined, imprisoned, or both                                                                    
     under the Brady Handgun Violence Prevention Act.                                                                           
SENATOR WIELECHOWSKI asked  if the attorney general  was filing a                                                               
lawsuit to overturn that for being unconstitutional.                                                                            
MR. POUND said he was not aware of that.                                                                                        
1:55:53 PM                                                                                                                    
SENATOR  WIELECHOWSKI  said  he  would  hope  that  the  attorney                                                               
general would take legal action  if an unconstitutional law is on                                                               
the books prohibiting veterans from getting firearms.                                                                           
MR. POUND surmised that would happen at some point.                                                                             
SENATOR WIELECHOWSKI asked if the  sponsor asked for an increment                                                               
in the budget to fund this litigation.                                                                                          
MR. POUND responded  that the Department of Law  submitted a zero                                                               
fiscal note, and it probably would  be some time before the issue                                                               
of litigation costs come up.                                                                                                    
CHAIR COGHILL asked  if the sponsor anticipated  that the reports                                                               
called  for in  the bill  would  flow with  other annual  reports                                                               
coming out of the Department of Law (DOL).                                                                                      
MR. POUND said  yes, and any issue that's  identified and results                                                               
in legislation  would still  have to  go through  the legislative                                                               
1:57:31 PM                                                                                                                    
CHAIR COGHILL said  he'd like to hear from the  DOL to understand                                                               
what  is  already  taking  place   and  how  this  bill  will  be                                                               
SENATOR WIELECHOWSKI  said he likes  the idea of DOL  keeping the                                                               
legislature informed, but  he'd also like an  annual report about                                                               
litigation and the costs.                                                                                                       
CHAIR  COGHILL asked  Mr.  Pound to  make  arrangements with  the                                                               
Department  of  Law  to  come  before  the  committee  to  answer                                                               
MR. POUND acknowledged the request.                                                                                             
2:00:33 PM                                                                                                                    
SENATOR   DYSON  commended   the   effort  and   motive  of   the                                                               
legislation, and  expressed hope  that somebody was  watching for                                                               
federal  actions  that  affect   how  the  legislature  does  its                                                               
business and fulfills its mission.                                                                                              
CHAIR   COGHILL  commented   on  the   balance  between   working                                                               
cooperatively  with   the  federal  government   and  challenging                                                               
federal action.                                                                                                                 
He stated that he would hold HB 83 in committee.                                                                                
         SB  36-MISSING VULNERABLE ADULT RESPONSE PLAN                                                                      
2:02:10 PM                                                                                                                    
CHAIR COGHILL announced  the consideration of SB  36. [CSSSSB 36,                                                               
version C, was before the committee.]                                                                                           
He moved Amendment 1, labeled 28-LS0338\C.1.                                                                                    
                          AMENDMENT 1                                                                                       
     OFFERED IN THE SENATE              BY SENATOR COGHILL                                                                      
          TO:  CSSSSB 36(JUD), Draft Version "C"                                                                                
     Page 2, following line 20:                                                                                                 
          Insert a new bill section to read:                                                                                    
               "(c) Notwithstanding another provision of                                                                        
                    (1) a law enforcement agency, an                                                                            
           officer or employee of a  law enforcement agency,                                                                    
           a person, or a group is not civilly liable for                                                                       
                         (A) failing to participate in a                                                                        
           missing  vulnerable  adult  prompt  response  and                                                                    
           notification plan;                                                                                                   
                         (B) failing to implement a missing                                                                     
           vulnerable adult prompt response and notification                                                                    
           plan; or                                                                                                             
                         (C)     activating    a     missing                                                                    
           vulnerable adult prompt response and notification                                                                    
           plan  if implementation  is  undertaken  in  good                                                                    
                    (2) a radio or television broadcaster                                                                       
           or newspaper publisher is not  civilly liable for                                                                    
           participating  in  a  missing   vulnerable  adult                                                                    
           prompt  response and  notification  plan  or  for                                                                    
           participating in the  actual implementation  of a                                                                    
           plan if the broadcaster or publisher has verified                                                                    
           the authenticity of that  implementation with the                                                                    
           law enforcement agency."                                                                                             
      Reletter the following subsections accordingly.                                                                           
SENATOR DYSON objected [for discussion purposes.]                                                                               
CHAIR COGHILL asked Ms. Carpeneti to comment.                                                                                   
2:03:15 PM                                                                                                                    
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section, Criminal  Division, Department  of Law, said  that Susan                                                               
Cox indicated that  this would provide better  protection for law                                                               
enforcement than what is currently in the CS.                                                                                   
CHAIR COGHILL offered his understanding that the amendment                                                                      
provides civil liability protection for those in law enforcement                                                                
and those who activate the vulnerable adult alert.                                                                              
2:04:37 PM                                                                                                                    
SENATOR  WIELECHOWSKI inquired  if  this was  just for  negligent                                                               
behavior or if it would  exempt from liability someone who failed                                                               
to participate.                                                                                                                 
MS. CARPENETI  said it  doesn't specify so  it would  probably be                                                               
for all circumstances where a person did not participate.                                                                       
SENATOR WIELECHOWSKI  agreed with  the intent on  negligence, but                                                               
questioned  the   policy  reason  for  extending   the  liability                                                               
exemption that far.                                                                                                             
MS.  CARPENETI  agreed  that  it   was  a  policy  call  for  the                                                               
CHAIR COGHILL offered his understanding  that the civil liability                                                               
exemption previously  extended to newspaper publishers  and other                                                               
communications media. The amendment broadens the definition.                                                                    
MS. CARPENETI deferred to the  sponsor because this provision was                                                               
in the bill originally.                                                                                                         
2:06:37 PM                                                                                                                    
NATHAN ZENSEY,  Staff, Senator Johnny  Ellis, explained  that the                                                               
intent is  to diminish the  burden for law  enforcement agencies.                                                               
The hope is  that those agencies will act in  accordance with the                                                               
public trust placed in them.                                                                                                    
SENATOR  WIELECHOWSKI  said  he  can  envision  this  becoming  a                                                               
problem  in  years to  come,  but  the  expectation is  that  law                                                               
enforcement  will  do  the right  thing.  He  posed  hypothetical                                                               
SENATOR  DYSON   asked  the  point   at  which  conduct   by  law                                                               
enforcement crosses  the line and  the person becomes  civilly or                                                               
criminally liable.                                                                                                              
MS. CARPENETI  deferred the  question to  someone working  in the                                                               
Civil Division.                                                                                                                 
SENATOR  DYSON said  he was  relatively comfortable  that current                                                               
law and practice would cover the current concern.                                                                               
MS.  CARPENETI responded  that her  understanding  was that  this                                                               
immunity would apply under the circumstances of silver alert.                                                                   
2:10:08 PM                                                                                                                    
SENATOR DYSON said he didn't  think that anyone would reason that                                                               
the Silver  Alert was  any different than  things like  the Amber                                                               
Alert or Caylee's Law.                                                                                                          
CHAIR COGHILL  asked Mr. Zensey if  the standard was the  same as                                                               
other alert systems.                                                                                                            
MR.  ZENSEY  replied that  the  standards  differ from  state  to                                                               
state,  but  he thought  that  at  some point,  whatever  governs                                                               
negligence  in  normal  missing   person  searches  would  govern                                                               
negligence in missing vulnerable adults.                                                                                        
SENATOR WIELECHOWSKI agreed that it was a policy call.                                                                          
2:12:43 PM                                                                                                                    
SENATOR DYSON removed his objection.                                                                                            
CHAIR  COGHILL  found no  further  objection  and announced  that                                                               
Amendment 1 was  adopted. He summarized the contents  of the bill                                                               
and asked if the sponsor had closing comments.                                                                                  
MR. ZENSEY thanked the committee.                                                                                               
2:13:50 PM                                                                                                                    
SENATOR DYSON  moved to report  CSSSSB 36, version C  as amended,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
CHAIR  COGHILL  found  no objection  and  announced  that  CSSSSB                                                               
36(JUD) moved from the Senate Judiciary Standing Committee.                                                                     
2:14:18 PM                                                                                                                    
At ease                                                                                                                         
         HB  69-EXEMPT FIREARMS FROM FEDERAL REGULATION                                                                     
2:16:29 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of HB  69. [SCS CSHB 69, version R,  was before the                                                               
2:16:41 PM                                                                                                                    
SENATOR DYSON  moved to adopt  Senate CS  for HB 69,  labeled 28-                                                               
LS0290\I, as the working document.                                                                                              
CHAIR COGHILL  found no  objection and version  I was  before the                                                               
committee. He asked Mr. Shilling to speak to the changes.                                                                       
2:17:06 PM                                                                                                                    
JORDAN SHILLING, Staff, Senator  John Coghill, explained that the                                                               
title was changed  to conform to changes made later  in the bill.                                                               
The  first substantial  change occurs  on  page 4,  line 28.  The                                                               
phrase "violates the Second Amendment  to the Constitution of the                                                               
United States  or art. I, sec.  19, Constitution of the  State of                                                               
Alaska"  was inserted  to clarify  that  any future  law that  is                                                               
unconstitutional  and unenforceable  is unenforceable  because it                                                               
violates the Second Amendment.                                                                                                  
On page 5, line 4, the word  "may" was changed to "shall" and the                                                               
provision  that allowed  the attorney  general to  use all  state                                                               
resources  necessary was  removed. He  explained that  the intent                                                               
was to  ensure that resources  like the permanent fund  would not                                                               
be at the attorney general's disposal to file lawsuits.                                                                         
SENATOR  COGHILL  relayed  that  DOL's expectation  was  that  it                                                               
already  was  directive, and  the  attorney  general [would  file                                                               
legal action to  prevent implementation of law  that violates the                                                               
rights  of  Alaskans.]  He  asked   the  members  to  consider  a                                                               
suggestion to insert the word "illegally"  on page 3, lines 7 and                                                               
9, at the beginning of paragraphs (A) and (B).                                                                                  
He acknowledged  that version I  was somewhat different  than the                                                               
version that  passed the  House. The  current draft  removes some                                                               
nullification  issues, but  the  most significant  change was  to                                                               
remove the provision that says  the state would arrest and charge                                                               
a federal  official with  a felony.  He said  he didn't  know how                                                               
that would work  in practice and was concerned  that the backlash                                                               
could move the state backward rather than forward.                                                                              
2:21:30 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if there  was a legal opinion  on the                                                               
constitutionality of the bill that  passed the House, and whether                                                               
or not the state could arrest a federal official as it provided.                                                                
CHAIR  COGHILL offered  his understanding  that  there were  four                                                               
legal  opinions  and  they  were in  the  packets.  He  suggested                                                               
members  peruse  the  opinions  before  the  meeting  on  Monday,                                                               
because his intention was to take action on the bill that day.                                                                  
He opened public testimony.                                                                                                     
2:23:04 PM                                                                                                                    
MIKE  COONS,  representing  himself,   Palmer,  Alaska,  said  he                                                               
supports the  additions to HB 69  that ensure that no  agency may                                                               
assist  a federal  official who  is trying  to enforce  laws that                                                               
violate Second  Amendment rights.  Those sections are  strong and                                                               
protect all  Alaskans. He also  stated support for  the directive                                                               
language  regarding  the attorney  general  using  all powers  to                                                               
defend  Alaskans, but  continues  to disagree  with the  attorney                                                               
general  opinion  that  provisions  in  the  original  bill  were                                                               
unenforceable and unconstitutional. He  questioned the concern of                                                               
the commissioner of  public safety about enforcement  in light of                                                               
Lieutenant Dial's  testimony that the department  reviewed the CS                                                               
and doesn't see any problems if the legislation were to pass.                                                                   
MR. COONS  expressed concern  about the  almost daily  attacks on                                                               
citizens'  liberties by  President Obama.  He cited  examples and                                                               
stated that he reluctantly supports version I.                                                                                  
CHAIR COGHILL said the discussion will continue on Monday.                                                                      
2:27:58 PM                                                                                                                    
THOM  BUZARD,   Commander,  Alaska  Citizen's   Militia,  Juneau,                                                               
Alaska, stated  that when he served  in the armed forces  he took                                                               
an oath  to protect  and defend  the country,  its laws,  and the                                                               
constitution, and because of recent  events he was concerned that                                                               
the citizenry  may be  preparing for a  domestic war  against the                                                               
federal  government. He  emphasized  that many  Americans are  so                                                               
concerned  that they  have purchased  all available  firearms and                                                               
ammunition  from  store  shelves  across the  country.  He  cited                                                               
examples worldwide  of governments  establishing gun  control and                                                               
the consequences to the citizenry.                                                                                              
MR.  BUZARD said  there  are also  examples in  the  U.S. of  gun                                                               
confiscation  and  government  troops  killing  Americans.  These                                                               
include the  massacre at  Wounded Knee in  1890, the  shelling of                                                               
the village  of Angoon  125 years ago,  and the  Katrina disaster                                                               
when  the police  chief ordered  officers to  confiscate firearms                                                               
from  citizens'  homes. He  expressed  concern  that the  federal                                                               
government was  poised to execute  a power grab like  none other,                                                               
and for that reason he  would like the felony language reinserted                                                               
in the bill.                                                                                                                    
2:37:00 PM                                                                                                                    
CHAIR COGHILL  highlighted that  the emergency  confiscation that                                                               
occurred  during  Katrina  sparked  legislation  in  Alaska  that                                                               
forbade that practice.                                                                                                          
MR.  BUZARD  said  he  believes that  the  current  governor  and                                                               
legislature are pointed in the right direction.                                                                                 
SENATOR DYSON  relayed that he  had heard that  Homeland Security                                                               
was buying large amounts of  firearms and ammunition. He asked if                                                               
there were credible sources for that sort of information.                                                                       
MR.   BUZARD   suggested   he   visit   the   websites   wnd.com,                                                               
breitbart.com, and drudgereport.com.                                                                                            
2:39:57 PM                                                                                                                    
CHAIR COGHILL thanked Mr. Buzard  for his service and assured him                                                               
that the  legislature takes the  constitution seriously.  When it                                                               
comes  to  nullification the  legislature  will  employ the  best                                                               
resources of  the state to  defend the citizens and  their right,                                                               
he said.                                                                                                                        
MR.  BUZARD offered  his  opinion that  these  matters should  be                                                               
handled in a legal and constitutional manner.                                                                                   
CHAIR COGHILL agreed,  and added that he believes  that version I                                                               
offers a better approach.                                                                                                       
2:42:30 PM                                                                                                                    
CHAIR COGHILL  read AS 11.76.110(a)(1) and  relayed his intention                                                               
to look at the nexus between that law and the bill.                                                                             
He held HB 69 in committee.                                                                                                     
2:43:44 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Coghill  adjourned the Senate Judiciary  Standing Committee                                                               
meeting at 2:43 p.m.                                                                                                            

Document Name Date/Time Subjects
HB0081A.pdf SJUD 3/29/2013 1:30:00 PM
HB 81
Sectional.pdf SJUD 3/29/2013 1:30:00 PM
HB 81
Sponsor Statement.pdf SJUD 3/29/2013 1:30:00 PM
HB 81
CSHB 83 -10 amend.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHB 83 CFR Costs.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHB 83 Executive Orders.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHb 83 Law Fiscal.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHB 83 Legis activity.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHB 83 Mack US story.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHb 83 misuse of power.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHB 83 Null Void.pdf SJUD 3/29/2013 1:30:00 PM
HB 83
CSHB 83 sectional.pdf SJUD 3/29/2013 1:30:00 PM
HB 83