Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/05/2014 01:30 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 176 REG. OF FIREARMS/KNIVES BY UNIVERSITY TELECONFERENCED
Heard & Held
+= SB 108 LIMIT PUBLIC ACCESS TO CRIMINAL RECORDS TELECONFERENCED
Moved CSSB 108(JUD) Out of Committee
*+ SB 173 SYNTHETIC DRUGS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 171 MULTIDISCIPLINARY CHILD PROTECTION TEAMS
Moved CSSB 171(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 5, 2014                                                                                          
                           1:34 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Fred Dyson                                                                                                              
Senator Donald Olson                                                                                                            
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire, Vice Chair                                                                                               
                                                                                                                                
OTHER LEGISLATOR PRESENT                                                                                                      
                                                                                                                              
Senator Dennis Egan                                                                                                             
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 171                                                                                                             
"An Act relating to multidisciplinary child protection teams;                                                                   
and relating to investigation of child abuse or neglect."                                                                       
                                                                                                                                
     - MOVED CSSB 171(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 108                                                                                                             
"An Act relating to the confidentiality of certain records of                                                                   
criminal cases; and providing for an effective date."                                                                           
                                                                                                                                
     - MOVED CSSB 108(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 173                                                                                                             
"An Act relating to a prohibition on the offer, display,                                                                        
marketing, advertising for sale, or sale of illicit synthetic                                                                   
drugs."                                                                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 176                                                                                                             
"An Act relating to the regulation of firearms and knives by the                                                                
University of Alaska."                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 171                                                                                                                  
SHORT TITLE: MULTIDISCIPLINARY CHILD PROTECTION TEAMS                                                                           
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
02/12/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/14       (S)       JUD                                                                                                    
02/24/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/24/14       (S)       Heard & Held                                                                                           
02/24/14       (S)       MINUTE(JUD)                                                                                            
03/03/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/03/14       (S)       Scheduled But Not Heard                                                                                
03/05/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 108                                                                                                                  
SHORT TITLE: LIMIT PUBLIC ACCESS TO CRIMINAL RECORDS                                                                            
SPONSOR(s): SENATOR(s) DYSON                                                                                                    
                                                                                                                                
01/22/14       (S)       PREFILE RELEASED 1/10/14                                                                               
01/22/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/22/14       (S)       JUD, FIN                                                                                               
02/24/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/24/14       (S)       Heard & Held                                                                                           
02/24/14       (S)       MINUTE(JUD)                                                                                            
02/28/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/28/14       (S)       Heard & Held                                                                                           
02/28/14       (S)       MINUTE(JUD)                                                                                            
03/03/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/03/14       (S)       Heard & Held                                                                                           
03/03/14       (S)       MINUTE(JUD)                                                                                            
03/05/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 173                                                                                                                  
SHORT TITLE: SYNTHETIC DRUGS                                                                                                    
SPONSOR(s): SENATOR(s) MEYER                                                                                                    
                                                                                                                                
02/14/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/14       (S)       JUD                                                                                                    
03/05/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 176                                                                                                                  
SHORT TITLE: REG. OF FIREARMS/KNIVES BY UNIVERSITY                                                                              
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
02/14/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/14       (S)       JUD                                                                                                    
03/03/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/03/14       (S)       Heard & Held                                                                                           
03/03/14       (S)       MINUTE(JUD)                                                                                            
03/05/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Explained the changes that appear in Version                                                              
C of SB 171.                                                                                                                    
                                                                                                                                
PAM KARALUNAS                                                                                                                   
Alaska Children's Alliance (ACA)                                                                                                
Chugiak, Alaska                                                                                                                 
POSITION STATEMENT: Testified in support of SB 171.                                                                           
                                                                                                                                
CHUCK KOPP, Staff                                                                                                               
Senator Fred Dyson                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Described the five pertinent changes found                                                                
in Version Y of SB 108.                                                                                                         
                                                                                                                                
KATHY HANSEN, Senior Attorney                                                                                                   
Office of Victims' Rights (OVR                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified that she submitted testimony on                                                                 
Version Y of SB 108.                                                                                                            
                                                                                                                                
SENATOR KEVIN MEYER                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 173.                                                                                        
                                                                                                                                
EDRA MORLEDGE, Staff                                                                                                            
Senator Kevin Meyer                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Described the changes between the new CS and                                                              
Version A for SB 173.                                                                                                           
                                                                                                                                
HANS RODVIK, Intern                                                                                                             
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided supporting information relevant to                                                               
SB 176.                                                                                                                         
                                                                                                                                
BRIAN JUDY, Alaska State Liaison                                                                                                
National Rifle Association (NRA)                                                                                                
Sacramento, California                                                                                                          
POSITION STATEMENT: Testified in support of SB 176.                                                                           
                                                                                                                                
CEEZAR MARTINSON, Vice President                                                                                                
UAA Political Science Association                                                                                               
University of Alaska-Anchorage                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 176.                                                                           
                                                                                                                                
MIKE COONS, representing himself                                                                                                
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 176.                                                                           
                                                                                                                                
MONTANA WARE, President                                                                                                         
Young Americans for Liberty (YAL)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 176.                                                                           
                                                                                                                                
MATTHEW CARBERRY, representing himself                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 176.                                                                           
                                                                                                                                
MICHAEL BUCKLAND, representing himself                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 176.                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:34:29 PM                                                                                                                    
CHAIR  JOHN   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:34  p.m. Present at the  call to                                                               
order  were Senators  Dyson, Olson,  and  Chair Coghill.  Senator                                                               
Wielechowski arrived soon thereafter.                                                                                           
                                                                                                                                
        SB 171-MULTIDISCIPLINARY CHILD PROTECTION TEAMS                                                                     
                                                                                                                                
1:36:09 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of  SB 171."An  Act                                                               
relating  to   multidisciplinary  child  protection   teams;  and                                                               
relating to investigation of child abuse or neglect."                                                                           
                                                                                                                                
1:36:25 PM                                                                                                                    
SENATOR DYSON moved to adopt  CS for SB 171, labeled 28-LS1416\C,                                                             
as the working document.                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI joined the committee.                                                                                      
                                                                                                                                
1:37:05 PM                                                                                                                    
RYNNIEVA MOSS,  Staff, Senator John  Coghill, sponsor of  SB 171,                                                               
explained the changes that appear in Version C.                                                                                 
                                                                                                                                
Section  1,  subsection  (a),  page   1,  line  5,  the  language                                                               
describing  the  investigating  entity   was  broadened  to  "the                                                               
department or  another investigating agency" in  order to include                                                               
local police, tribes, and child advocacy centers.                                                                               
                                                                                                                                
Section 2, subsection  (b), page 2, narrows the  expertise of the                                                               
team  established  under  subsection  (a)  to  ensure  they  have                                                               
training and knowledge of child abuse cases.                                                                                    
                                                                                                                                
Section  3, subsection  (c), page  3, lines  10-12, language  was                                                               
included at the  request of the Department of Law  to ensure that                                                               
the   confidentiality  of   the  information   is  protected.   A                                                               
multidisciplinary  team member  may only  use the  information as                                                               
necessary for the performance of the member's duties.                                                                           
                                                                                                                                
CHAIR  COGHILL   removed  his   objection.  Finding   no  further                                                               
objection, Version  C was adopted.  He recapped that  the primary                                                               
purpose of  the legislation is  to allow  these multidisciplinary                                                               
child protection teams to work for  the benefit of the child when                                                               
the Office of Children's Services isn't involved.                                                                               
                                                                                                                                
1:40:30 PM                                                                                                                    
PAM KARALUNAS, Alaska Children's  Alliance (ACA), Chugiak, Alaska                                                               
testified in support  of SB 171. She said ACA  appreciates SB 171                                                               
because it  clarifies misunderstandings of  the multidisciplinary                                                               
team process  at child  advocacy centers.  The bill  also updates                                                               
the statute to reflect best practices.                                                                                          
                                                                                                                                
1:41:25 PM                                                                                                                    
SENATOR  DYSON moved  to report  CS  for SB  171 with  individual                                                               
recommendations and attached fiscal note.                                                                                       
                                                                                                                                
CHAIR COGHILL  announced that,  without objection,  CSSB 171(JUD)                                                               
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                
1:42:01 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
         SB 108-LIMIT PUBLIC ACCESS TO CRIMINAL RECORDS                                                                     
                                                                                                                                
1:43:14 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of SB  108. "An  Act                                                               
relating to  the confidentiality  of certain records  of criminal                                                               
cases;  and providing  for an  effective  date." He  asked for  a                                                               
motion to adopt the new committee substitute (CS), Version Y.                                                                   
                                                                                                                                
SENATOR  DYSON moved  to adopt  the CS  for SB  108, labeled  LS-                                                               
280973\Y, as the working document.                                                                                              
                                                                                                                                
CHAIR COGHILL objected for an explanation of the differences.                                                                   
                                                                                                                                
1:43:53 PM                                                                                                                    
CHUCK  KOPP,  Staff,  Senator  Fred Dyson,  sponsor  of  SB  108,                                                               
described  the five  pertinent changes  found in  Version Y.  The                                                               
first  change  found   on  page  1,  lines   6-10,  introduces  a                                                               
legislative  intent section.  It asks  the court,  to the  extent                                                               
practical,  to  treat as  confidential  the  records of  criminal                                                               
cases  disposed  of before  the  effective  date  of the  Act  by                                                               
acquittal or dismissal of some or  all of the charges to the same                                                               
extent that the records are held confidential by this bill.                                                                     
                                                                                                                                
1:44:51 PM                                                                                                                    
At ease to distribute copies of the CS.                                                                                         
                                                                                                                                
1:45:28 PM                                                                                                                    
CHAIR  COGHILL  reconvened the  meeting  and  asked Mr.  Kopp  to                                                               
continue.                                                                                                                       
                                                                                                                                
MR. KOPP  explained that the  second change  is found on  page 1,                                                               
line 13. It changes  the time limit from 90 days  to 120 days for                                                               
a  court record  to  become confidential  following  the date  of                                                               
acquittal  or dismissal.  This was  done  at the  request of  the                                                               
Department of Law and is  consistent with the court rule deadline                                                               
of 120  days for those  petitions. The  third change is  found on                                                               
page 2, line  3. It adds language that limits  the application of                                                               
confidential status  to dismissals  by the  prosecuting attorney.                                                               
This was at  the request of the Department of  Law and will cover                                                               
the majority of dismissals.                                                                                                     
                                                                                                                                
The fourth change is found on  page 2, lines 6-16. At the request                                                               
of DHSS,  DOL and OPA, language  was added to allow  state agency                                                               
child   protection   workers,   employees  that   protect   other                                                               
vulnerable  citizens,   and  Alaska  Public   Safety  Information                                                               
Network  (APSIN)  users  to  have   access  to  information  made                                                               
confidential.  He noted  that the  courts have  advised that  the                                                               
legislature may make such an  exception in statute. The fifth and                                                               
final change is  found on page 2, line 22.  The effective date of                                                               
the Act  is changed from  July 1, 2014  to October 1,  2014. This                                                               
gives the courts more time to implement the changes.                                                                            
                                                                                                                                
1:47:15 PM                                                                                                                    
SENATOR   WIELECHOWSKI  questioned   limiting  the   confidential                                                               
designation  of cases  to the  prosecuting  authority because  it                                                               
means   a   dismissal  by   a   judge   wouldn't  be   considered                                                               
confidential.                                                                                                                   
                                                                                                                                
MR. KOPP  said the sponsor  agreed to that inconsistency  to move                                                               
the bill along.                                                                                                                 
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if  the  Department  of  Law  could                                                               
explain  the rationale  for the  distinction, because  a case  is                                                               
dismissed if a judge dismisses it.  The question is on the record                                                               
and he would suggest addressing it in the next committee.                                                                       
                                                                                                                                
CHAIR  COGHILL posited  it  would be  discussed  before the  bill                                                               
reaches the floor.                                                                                                              
                                                                                                                                
MR. KOPP added  that Senator Wielechowski's point  is well taken,                                                               
but this will cover the majority of dismissals.                                                                                 
                                                                                                                                
1:49:19 PM                                                                                                                    
KATHY HANSEN, Office of Victims'  Rights (OVR), said she reviewed                                                               
the  new committee  substitute  and  submitted written  testimony                                                               
that was  added to BASIS. The  primary concern is that  at trials                                                               
there is  a difference  between not being  convinced that  a case                                                               
has been proved  beyond a reasonable doubt and  innocence. When a                                                               
victim  of domestic  violence, sexual  violence, or  child sexual                                                               
abuse speaks up and has the  courage to testify and go through an                                                               
entire trial, it's a disservice to  the victim and the public for                                                               
that record to disappear in the case of an acquittal.                                                                           
                                                                                                                                
CHAIR COGHILL  said the  general principle he  follows is  that a                                                               
person is innocent until proven guilty.                                                                                         
                                                                                                                                
MR.  KOPP  said  OVR  plays  a valuable  advocacy  role  and  the                                                               
legislature's role is more balancing:  protections of the accused                                                               
and the  interest of justice  and public safety. The  sponsor has                                                               
worked hard with a variety of  agencies and is satisfied that the                                                               
bill wisely balances  the protections of the public  and the need                                                               
to protect people's privacy and liberty interests, he said.                                                                     
                                                                                                                                
1:53:46 PM                                                                                                                    
CHAIR  COGHILL   removed  his   objection.  Finding   no  further                                                               
objection, Version Y was adopted.                                                                                               
                                                                                                                                
1:54:02 PM                                                                                                                    
SENATOR DYSON moved  to report CS for SB 108  from committee with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR  COGHILL announced  that  without  objection CSSB  108(JUD)                                                               
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                
1:54:34 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
                     SB 173-SYNTHETIC DRUGS                                                                                 
                                                                                                                                
1:55:57 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of SB  173. "An  Act                                                               
relating  to  a prohibition  on  the  offer, display,  marketing,                                                               
advertising for sale,  or sale of illicit  synthetic drugs." This                                                               
was  the   first  hearing.  He   noted  the   proposed  committee                                                               
substitute, Version N.                                                                                                          
                                                                                                                                
He welcomed Senator Egan to the committee.                                                                                      
                                                                                                                                
1:56:37 PM                                                                                                                    
SENATOR DYSON moved to adopt  CS for SB 173, labeled 28-LS1242\N,                                                               
as the working document.                                                                                                        
                                                                                                                                
CHAIR COGHILL objected for purposes of an explanation.                                                                          
                                                                                                                                
SENATOR KEVIN  MEYER, Alaska  State Legislature,  Juneau, Alaska,                                                               
sponsor of SB  173, deferred to his staff to  explain the changes                                                               
found in the committee substitute.                                                                                              
                                                                                                                                
1:57:34 PM                                                                                                                    
EDRA  MORLEDGE,  Staff,  Senator  Kevin  Meyer,  highlighted  the                                                               
changes between  the new CS and  Version A for SB  173. The first                                                               
change, found  on page  3, lines  16-25, changes  the enforcement                                                               
agency from the  Department of Health and  Social Services (DHSS)                                                               
to the  Department of  Public Safety and  identifies DHSS  as the                                                               
cooperating agency. The reasoning is  that it is more appropriate                                                               
for  DPS to  address  this  because it's  a  violation and  civil                                                               
infraction. The next  change found on page 3,  line 21, clarifies                                                               
that the  penalty for violation of  this statute is a  $500 fine.                                                               
The  next  change, found  on  page  3,  line 29,  eliminates  the                                                               
definition  of  "department"  as  the Department  of  Health  and                                                               
Social Services (DHSS).  The final change, found on  page 4, line                                                               
10-16, clarifies that DHSS shall cooperate with DPS.                                                                            
                                                                                                                                
1:59:50 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if the definition  of synthetic drugs                                                               
would include nicotine for e-cigarettes.                                                                                        
                                                                                                                                
MS. MORLEDGE  said she  didn't know  but there  is an  FDA ruling                                                               
that  nicotine falls  under the  Homeopathic Pharmacopeia  of the                                                               
United States, which  is included in the  statutory definition of                                                               
"drug."                                                                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI noted  that Wasilla  just rejected  similar                                                               
legislation  and   questioned  whether  it  should   be  left  to                                                               
individual communities to decide.                                                                                               
                                                                                                                                
SENATOR  MEYER  said  he  believes   that  these  substances  are                                                               
dangerous enough to  warrant a statewide policy. He  said he also                                                               
believes that the Wasilla Assembly  will have a different outcome                                                               
when it votes again.                                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI asked for  clarification that this ordinance                                                               
is already on the books in Anchorage.                                                                                           
                                                                                                                                
SENATOR MEYER said that's correct.                                                                                              
                                                                                                                                
2:02:49 PM                                                                                                                    
SENATOR  DYSON   expressed  appreciation  for  the   balance  the                                                               
legislation strikes.                                                                                                            
                                                                                                                                
SENATOR  MEYER  refreshed  the committee's  recollection  of  the                                                               
bill,  speaking to  the  following  sponsor statement:  {Original                                                               
punctuation provided.]                                                                                                          
                                                                                                                                
      SB 173 intends to help solve the problem of the ever                                                                      
        changing chemical make-up of synthetic drugs by                                                                         
     targeting the  packaging of the  product, and  is aimed                                                                    
     not at  what the  illicit drug is,  but what  it isn't.                                                                    
     According  to the  National  Institute  on Drug  Abuse,                                                                    
     labels on these products  often claim that they contain                                                                    
     "natural" psycho-active  material taken from  a variety                                                                    
     of plants.  Sold at  smoke shops,  and gas  stations as                                                                    
     "incense"   or  "potpourri,"   easy   access  and   the                                                                    
     misperception  that these  products  are "natural"  and                                                                    
     therefore  harmless, have  likely contributed  to their                                                                    
     popularity. SB 173  will make it illegal  to sell these                                                                    
     designer   drugs   that   are  packaged   as   "spice,"                                                                    
     "potpourri," or a variety of other misleading labels.                                                                      
     Senate  Bill 173  would  prohibit  the offer,  display,                                                                    
     marketing,  advertising for  sale, or  sale of  illicit                                                                    
     synthetic  drugs.  The  Legislature  has  made  several                                                                    
     attempts  to  prohibit  the use  of  synthetic  illicit                                                                    
     drugs by  classifying certain known  chemical compounds                                                                    
     as  controlled  substances. Unfortunately,  what  we're                                                                    
     seeing as a  result of this and similar  efforts by the                                                                    
     federal  government,   is  that   manufacturers  simply                                                                    
     change  the chemical  compound  slightly, thus  evading                                                                    
     law enforcement efforts.                                                                                                   
                                                                                                                                
     With the  passage of  SB 173,  it will  be considerably                                                                    
     more  difficult, if  not impossible,  for  the sale  or                                                                    
     distribution  of these  synthetic illicit  drugs state-                                                                    
     wide.                                                                                                                      
                                                                                                                                
He  pointed  out  that  this  is a  civil  rather  than  criminal                                                               
penalty, so  it doesn't  overload the courts.  In the  short time                                                               
the ordinance has  been in effect in Anchorage,  the results have                                                               
been very positive, he said.                                                                                                    
                                                                                                                                
2:08:13 PM                                                                                                                    
CHAIR COGHILL asked  what duties the Department  of Public Safety                                                               
and  the Department  of Health  and Social  Services (DHSS)  each                                                               
would carry out.                                                                                                                
                                                                                                                                
SENATOR MEYER  said originally DHSS  was asked to  do enforcement                                                               
because  they  are statutorily  involved  with  labeling, but  he                                                               
determined that (DPS) was more appropriate to do enforcement.                                                                   
                                                                                                                                
2:09:13 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  if there was a  conscience effort not                                                               
to include possession or manufacture.                                                                                           
                                                                                                                                
MS.  MORLEDGE explained  that criminal  statute AS  11.73 already                                                               
imposes a class  C felony penalty for  the manufacture, delivery,                                                               
possession,  or   possession  with  the  intent   to  deliver  an                                                               
imitation controlled substance.                                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  observed that possession or  manufacture is                                                               
a felony but  selling the same imitation  controlled substance is                                                               
a $500 fine.                                                                                                                    
                                                                                                                                
MS.  MORLEDGE agreed  that is  how the  existing statute  and the                                                               
proposed legislation are crafted.                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI  said the Department  of Law  would probably                                                               
have  something to  say because  they're  always concerned  about                                                               
lesser  included  offenses.  Having possession  of  an  imitation                                                               
controlled  substance in  a store  seems to  imply ownership  and                                                               
this legislation  essentially reduces the penalty  to $500, which                                                               
may or may not be something the legislature wants to do.                                                                        
                                                                                                                                
SENATOR MEYER said he chose this route to provide flexibility.                                                                  
                                                                                                                                
CHAIR COGHILL  expressed interest in hearing  from the Department                                                               
of Law at the next hearing.                                                                                                     
                                                                                                                                
2:11:55 PM                                                                                                                    
SENATOR OLSON  asked how  the bill affects  the situation  in his                                                               
district where residents order these products over the Internet.                                                                
                                                                                                                                
SENATOR MEYER  said Internet purchases are  federal jurisdiction,                                                               
but VPSOs  have the same  authority as police officers  and could                                                               
issue the $500 citation per package.                                                                                            
                                                                                                                                
2:13:17 PM                                                                                                                    
SENATOR  WIELECHOWSKI   pointed  out  inconsistencies   with  the                                                               
definition  of synthetic  drug in  Section 1,  paragraph (2).  He                                                               
also  expressed   concern  that   the  more   general  definition                                                               
criminalizes things like synthetic caffeine.                                                                                    
                                                                                                                                
SENATOR  MEYER said  he  thought  about that  and  there is  some                                                               
concern, but the  reality is that the police  won't cite somebody                                                               
for  possessing  or  using synthetic  caffeine.  He  opined  that                                                               
they'll instead  go after items  that are harmful to  society and                                                               
cause a public nuisance.                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  responded that  he's always  cautious about                                                               
giving police  discretion to arrest  someone when  lawmakers have                                                               
an opportunity to provide clarity.                                                                                              
                                                                                                                                
CHAIR COGHILL  commented that the  flexibility in this  law could                                                               
result in  a claim of harassment,  but the opposing view  is that                                                               
this could be a worthwhile tool.                                                                                                
                                                                                                                                
SENATOR MEYER agreed it is a delicate balance.                                                                                  
                                                                                                                                
CHAIR  COGHILL commented  on the  cultural discussion  associated                                                               
with the marijuana initiative.                                                                                                  
                                                                                                                                
SENATOR DYSON maintained  that a lot of due  process is available                                                               
to anyone who is charged under this legislation.                                                                                
                                                                                                                                
2:18:46 PM                                                                                                                    
CHAIR COGHILL  announced he  would hold SB  173 in  committee for                                                               
further consideration.                                                                                                          
                                                                                                                                
          SB 176-REG. OF FIREARMS/KNIVES BY UNIVERSITY                                                                      
                                                                                                                                
2:19:09 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of  SB 176."An  Act                                                               
relating  to  the  regulation  of  firearms  and  knives  by  the                                                               
University of Alaska." This was the second hearing.                                                                             
                                                                                                                                
HANS RODVIK,  Intern, Senator  John Coghill,  sponsor of  SB 176,                                                               
informed the committee that Brian Judy was available to testify.                                                                
                                                                                                                                
2:20:35 PM                                                                                                                    
BRIAN  JUDY, Alaska  State  Liaison,  National Rifle  Association                                                               
(NRA), Sacramento,  California, testified  in support of  SB 176.                                                               
He opened  his testimony with  several questions and  stated that                                                               
SB  176  simply erases  arbitrary  lines  that require  different                                                               
standards. He said the Alaska Constitution recognizes that self-                                                                
defense is  a fundamental preexisting  right and SB 176  is about                                                               
law  abiding citizens  being able  to provide  self-protection on                                                               
both sides  of that arbitrary  line. He pointed out  the problems                                                               
with  the  idea  that  defense  ought   to  be  left  up  to  the                                                               
professionals:  1)  it  can  take law  enforcement  too  long  to                                                               
respond;  and   2)  the  courts   have  ruled  that   police  are                                                               
responsible for protecting society  at large, not individuals. He                                                               
cited  mass  killings in  recent  years  perpetrated in  gun-free                                                               
zones as evidence that gun-free  school zones are a public policy                                                               
failure. He said  this comes as no surprise to  those who support                                                               
the  individual right  to keep  and bear  arms and  the right  to                                                               
provide  a means  of personal  defense. He  said it's  astounding                                                               
that  many people  don't grasp  the simple  truth that  criminals                                                               
don't obey  gun laws  or designated  gun-free zones,  because the                                                               
reality is that  only potential victims are gun  free in gun-free                                                               
zones.                                                                                                                          
                                                                                                                                
2:23:49 PM                                                                                                                    
He  described the  arguments  that were  made  during a  previous                                                               
committee  hearing  as  predictable  scare  tactics  designed  to                                                               
derail the  bill. He said  the hypotheticals that were  posed are                                                               
similar  to  hypotheticals of  horror  that  the legislature  has                                                               
heard every time  firearm legislation has been  introduced in the                                                               
past 20 years, but they've never materialized.                                                                                  
                                                                                                                                
MR. JUDY  stressed that  the majority of  people on  campuses are                                                               
law  abiding and  they  currently don't  have  an opportunity  to                                                               
protect themselves, just  as the victims at  Virginia Tech didn't                                                               
have  an opportunity.  The Virginia  Legislature considered,  but                                                               
didn't  pass, similar  legislation just  before the  attack. That                                                               
lack of action  ensured those individuals were  sitting ducks, he                                                               
said. The  bottom line is  that SB 176  is intended to  erase the                                                               
arbitrary  lines  and make  the  laws  uniform  both off  and  on                                                               
campus. It's a matter of common sense, he said.                                                                                 
                                                                                                                                
2:29:36 PM                                                                                                                    
SENATOR  DYSON asked  if  he  had statistics  to  show that  more                                                               
children  have  died  from  accidents  like  drowning  than  from                                                               
firearms.                                                                                                                       
                                                                                                                                
MR. JUDY replied he didn't have  the statistics in hand, but that                                                               
is generally true.                                                                                                              
                                                                                                                                
CHAIR  COGHILL  asked   Mr.  Rodvik  if  he   had  compiled  that                                                               
information.                                                                                                                    
                                                                                                                                
MR. RODVIK  replied he posted  to BASIS some  statistics provided                                                               
by  the Gun  Owners Association  including that,  in a  four-year                                                               
period, twice  as many  children are  killed playing  football in                                                               
school compared  to the number  of students who were  murdered by                                                               
firearms during that same period.                                                                                               
                                                                                                                                
2:31:58 PM                                                                                                                    
SENATOR   WIELECHOWSKI  asked   Mr.  Judy   to  talk   about  the                                                               
experiences in states like Utah that have similar laws.                                                                         
                                                                                                                                
MR.  JUDY said  Utah has  allowed the  possession of  firearms on                                                               
campuses  for about  ten years  and there  has never  been a  gun                                                               
violence incident.  He offered  to provide a  copy of  the letter                                                               
that the Utah attorney general  wrote when Nevada was considering                                                               
similar legislation.                                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI indicated interest in receiving a copy.                                                                    
                                                                                                                                
CHAIR COGHILL said he would distribute copies of the letter.                                                                    
                                                                                                                                
2:34:04 PM                                                                                                                    
SENATOR OLSON  asked his experience  with guns  that accidentally                                                               
go off in public forums.                                                                                                        
                                                                                                                                
MR. JUDY said the fact  is that firearms accidents are relatively                                                               
rare compared  to other types  of accidental harm.  The empirical                                                               
evidence across  the states is  the same; there are  virtually no                                                               
accidents   associated   with   law-abiding   citizens   carrying                                                               
firearms.  He cited  military recruiting  on campus  and stressed                                                               
that people  who can be trusted  to carry firearms in  defense of                                                               
the country  should be trusted  to carry  a firearm in  their own                                                               
defense.                                                                                                                        
                                                                                                                                
SENATOR OLSON  commented that his  experience in school  was that                                                               
many students shouldn't be trusted  with a firearm. He added that                                                               
he didn't believe that the  bill with the concealed provision was                                                               
relevant to the Virginia Tech example.                                                                                          
                                                                                                                                
MR. JUDY agreed  that the responsible way to carry  a firearm for                                                               
self-protection  is  in  a holster  and  concealed.  Perhaps  the                                                               
legislature  will want  to  tighten  this law  at  some point  to                                                               
ensure certain, more responsible ways to carry, he said.                                                                        
                                                                                                                                
2:40:32 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if there  have been  challenges under                                                               
the  Alaska  Constitution  to  the   individual  right  to  carry                                                               
anywhere including a university campus.                                                                                         
                                                                                                                                
MR. JUDY said not to his knowledge.                                                                                             
                                                                                                                                
2:42:44 PM                                                                                                                    
CEEZAR   MARTINSON,  Vice   President,   UAA  Political   Science                                                               
Association, University  of Alaska-Anchorage,  Anchorage, Alaska,                                                               
testified in support of SB 176.  He said Article 1, Section 19 of                                                               
the Alaska Constitution is very  clear that neither the state nor                                                               
any  political subdivision  can violate  the individual  right to                                                               
keep  and   bear  arms,  and  the   university  policy  regarding                                                               
concealed  carry  on  campus  is   in  direct  contradiction.  He                                                               
stressed  that it  is time  for  the legislature  to correct  the                                                               
inequity that the university policy creates.                                                                                    
                                                                                                                                
MIKE COONS,  representing himself,  Palmer, Alaska,  testified in                                                               
support of  SB 176. He  disagreed with the points  that President                                                               
Gamble  made  when  he  testified   in  a  previous  hearing.  He                                                               
maintained that the testimony was  designed to create emotion and                                                               
hide facts.                                                                                                                     
                                                                                                                                
2:47:24 PM                                                                                                                    
MONTANA  WARE,  President,  Young Americans  for  Liberty  (YAL),                                                               
Anchorage, Alaska, testified in support  of SB 176. He questioned                                                               
the logic of  the signs that prohibit guns on  campus and pointed                                                               
out that this policy violates Article  1, Section 9 of the Alaska                                                               
Constitution.  He said  he considers  it  his right  to have  the                                                               
means  to protect  himself under  any threatening  circumstances,                                                               
and  believes  that  the  UAA   policy  potentially  puts  lawful                                                               
students  in   an  unnecessarily  unfavorable  position.   It  is                                                               
pertinent to the  incident at Virginia Tech; with a  bill like SB                                                               
176,  any  victims   or  potential  victim  would   have  had  an                                                               
opportunity  to  stop  the  gunman  before  he  hurt  many  other                                                               
students. He  thanked Senator  Coghill and  his staff  for taking                                                               
steps to  make Alaskans feel  secure and protecting the  right to                                                               
self-defense.                                                                                                                   
                                                                                                                                
SENATOR  DYSON  voiced  exception  to Mr.  Coons'  remarks  about                                                               
President Gamble and encouraged everyone to be respectful.                                                                      
                                                                                                                                
CHAIR COGHILL echoed the comment,  with the caveat that it should                                                               
not dampen passion.                                                                                                             
                                                                                                                                
2:51:07 PM                                                                                                                    
MATTHEW  CARBERRY,   representing  himself,   Anchorage,  Alaska,                                                               
testified in support of SB  176. He referenced the question about                                                               
whether  the university  policy had  been challenged  and offered                                                               
his  opinion that  there is  a  strong case  that the  university                                                               
policy  violates both  the state  and  federal constitutions.  He                                                               
cited  recent Ninth  Circuit Court  opinions that  say government                                                               
agencies  can't utterly  abrogate the  right to  carry and  noted                                                               
that  the same  right  exists under  the  state constitution.  By                                                               
comparison, the Board  of Regents' grant of  authority is limited                                                               
to  adopting   reasonable  rules,  orders  and   plans  for  good                                                               
governance  of the  university  and regulation  of  the Board  of                                                               
Regents.  Clearly, the  university doesn't  have a  legal leg  to                                                               
stand on;  their position is  weak and  has been dependent  on no                                                               
one challenging it, he said.                                                                                                    
                                                                                                                                
MR. CARBERRY indicated he would submit written testimony.                                                                       
                                                                                                                                
2:56:41 PM                                                                                                                    
MICHAEL BUCKLAND,  representing himself, Anchorage,  Alaska, said                                                               
he's a  lifelong Alaskan, decorated Vietnam  veteran, and tenured                                                               
professor at UAA who strongly supports  SB 176. He has taught for                                                               
25  years  and doesn't  feel  threatened  by  the idea  that  his                                                               
students and  other law-abiding Alaskans  will have  weapons. The                                                               
fact  is  that  horrible  shootings  happen  in  zones  that  are                                                               
effectively gun-free, he said.                                                                                                  
                                                                                                                                
He  concluded  that public  safety  will  be enhanced  with  this                                                               
legislation, because a  good guy with a gun will  be able to stop                                                               
the bad guy with a gun.                                                                                                         
                                                                                                                                
CHAIR  COGHILL said  public  testimony would  be  taken again  on                                                               
Monday.                                                                                                                         
                                                                                                                                
He held SB 176 in committee.                                                                                                    
                                                                                                                                
3:00:31 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Coghill  adjourned the Senate Judiciary  Standing Committee                                                               
meeting at 3:00 p.m.                                                                                                            

Document Name Date/Time Subjects
SB 173 ADN Article 2.8.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 ADN Article 2.4.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 ADN Article 1.22.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 - Anchorage Ordinance.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 - Alaska Dispatch Article 1.10.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 Sponsor Statement.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
Legal Memo 2.10.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 ADN Article 12.18.13.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
Fiscal Note - University.pdf SJUD 3/5/2014 1:30:00 PM
SB 176
Written Testimony - OVR #2.pdf SJUD 3/5/2014 1:30:00 PM
SB 108