Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/21/2014 01:30 PM JUDICIARY


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12:55:47 PM Confirmation Hearings
01:34:19 PM Start
01:35:29 PM Confirmation Hearings
01:58:12 PM HB292
02:06:24 PM SB170
02:19:51 PM SB176
02:52:39 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference --
Bills Previously Heard/Scheduled
= HB 292 2014 REVISOR'S BILL
Moved CSHB 292(JUD) Out of Committee
= SB 170 AFFIRMATIVE DEFENSE TO PROSTITUTION
Moved SB 170 Out of Committee
= SB 176 REG. OF FIREARMS/KNIVES BY UNIVERSITY
Moved CSSB 176(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 21, 2014                                                                                         
                           1:34 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Lesil McGuire, Vice Chair                                                                                               
Senator Fred Dyson                                                                                                              
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Donald Olson                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
     Board of Governors of the Alaska Bar                                                                                     
          William Granger - Anchorage                                                                                         
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Commission on Judicial Conduct                                                                                                
          Marc June - Anchorage                                                                                                 
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 292(JUD)                                                                                
"An Act making corrective amendments to the Alaska Statutes as                                                                  
recommended by the revisor of statutes; and providing for an                                                                    
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 292(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 170                                                                                                             
"An Act relating to a defense to the crime of prostitution for                                                                  
victims of sex trafficking."                                                                                                    
                                                                                                                                
     - MOVED SB 170 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SENATE BILL NO. 176                                                                                                             
"An Act relating to the regulation of firearms and knives by the                                                                
University of Alaska."                                                                                                          
                                                                                                                                
     - MOVED CSSB 176(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 292                                                                                                                  
SHORT TITLE: 2014 REVISOR'S BILL                                                                                                
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
02/03/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/03/14       (H)       JUD                                                                                                    
02/10/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/10/14       (H)       Moved CSHB 292(JUD) Out of Committee                                                                   
02/10/14       (H)       MINUTE(JUD)                                                                                            
02/12/14       (H)       JUD RPT CS(JUD) 5DP                                                                                    
02/12/14       (H)       DP: LEDOUX, FOSTER, LYNN, GRUENBERG,                                                                   
                         KELLER                                                                                                 
02/17/14       (H)       TRANSMITTED TO (S)                                                                                     
02/17/14       (H)       VERSION: CSHB 292(JUD)                                                                                 
02/18/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/14       (S)       JUD                                                                                                    
03/19/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/19/14       (S)       Scheduled But Not Heard                                                                                
                                                                                                                                
BILL: SB 170                                                                                                                  
SHORT TITLE: AFFIRMATIVE DEFENSE TO PROSTITUTION                                                                                
SPONSOR(s): GARDNER                                                                                                             
                                                                                                                                
02/12/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/14       (S)       JUD                                                                                                    
03/14/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/14/14       (S)       -- MEETING CANCELED --                                                                                 
03/17/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/17/14       (S)       Heard & Held                                                                                           
03/17/14       (S)       MINUTE(JUD)                                                                                            
                                                                                                                                
BILL: SB 176                                                                                                                  
SHORT TITLE: REG. OF FIREARMS/KNIVES BY UNIVERSITY                                                                              
SPONSOR(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)                                                                      
03/05/14       (S)       Heard & Held                                                                                           
03/05/14       (S)       MINUTE(JUD)                                                                                            
03/10/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/10/14       (S)       Heard & Held                                                                                           
03/10/14       (S)       MINUTE(JUD)                                                                                            
03/14/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/14/14       (S)       -- MEETING CANCELED --                                                                                 
03/17/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/17/14       (S)       Heard & Held                                                                                           
03/17/14       (S)       MINUTE(JUD)                                                                                            
03/19/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/19/14       (S)       Heard & Held                                                                                           
03/19/14       (S)       MINUTE(JUD)                                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
WILLIAM A. GRANGER, Appointee                                                                                                   
Board of Governors of the Alaska Bar                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified as appointee to the Board of                                                                    
Governors of the Alaska Bar.                                                                                                    
                                                                                                                                
MARC W. JUNE, Appointee                                                                                                         
Commission on Judicial Conduct                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified as appointee to the Commission on                                                               
Judicial Conduct.                                                                                                               
                                                                                                                                
LISA KIRSCH, Assistant Revisor of Statutes                                                                                      
Legal Services                                                                                                                  
Legislative Affairs Agency                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced HB 292.                                                                                        
                                                                                                                                
SENATOR BERTA GARDNER                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 170.                                                                                        
                                                                                                                                
STEVEN HANDY, Staff                                                                                                             
Senator Berta Gardner                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided supporting testimony on SB 170.                                                                  
                                                                                                                                
KELLY HOWELL, Legislative Liaison                                                                                               
Office of the Commissioner                                                                                                      
Department of Public Safety (DPS)                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Described the current DPS training program                                                                
on human trafficking and sex trafficking.                                                                                       
                                                                                                                                
JARMYN KRAMLICH, President                                                                                                      
UAS Student Government                                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in opposition to SB 176.                                                                        
                                                                                                                                
JESSICA DOMINY, Vice-President                                                                                                  
UAS Student Government                                                                                                          
POSITION STATEMENT: Testified in opposition to SB 176.                                                                        
                                                                                                                                
RUSSELL KELL, representing himself                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 176.                                                                           
                                                                                                                                
MIKE COONS, representing himself                                                                                                
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of the original version                                                              
of SB 176.                                                                                                                      
                                                                                                                                
ROBERT CLIFT, representing himself                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 176.                                                                           
                                                                                                                                
MICHAEL CHAMBERS, Chair, Alaska Libertarian Party                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 176.                                                                           
                                                                                                                                
BARBARA J. STRUBLE, representing herself                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Asked the committee to pass SB 176 in its                                                                 
original form.                                                                                                                  
                                                                                                                                
MARK FISH, representing himself                                                                                                 
Big Lake, Alaska                                                                                                                
POSITION STATEMENT: Asked the committee to pass SB 176 in its                                                                 
original form.                                                                                                                  
                                                                                                                                
HANS RODVIK, Intern                                                                                                             
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Countered some of the concerns that have                                                                  
been raised in testimony on SB 176.                                                                                             
                                                                                                                                
                                                                                                                                
CHAD HUTCHISON, Staff                                                                                                           
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Described CS for  SB 176, Version Y,  as the                                                             
least  restrictive   alternative  and  a  fair   balance  of  the                                                               
elements.                                                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:34:19 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, Wielechowski,  and  Chair  Coghill.                                                               
Senator McGuire arrived during the course of the meeting.                                                                       
                                                                                                                                
^Confirmation Hearings                                                                                                          
                     CONFIRMATION HEARINGS                                                                                  
                                                                                                                                
1:35:29 PM                                                                                                                    
CHAIR  COGHILL announced  the first  order of  business would  be                                                               
confirmation hearings.  He asked Mr.  June why he wants  to serve                                                               
and his history.                                                                                                                
                                                                                                                                
1:35:45 PM                                                                                                                    
MARC  W.   JUNE,  Appointee,  Commission  on   Judicial  Conduct,                                                               
Anchorage,   Alaska,  said   this  is   an  important   oversight                                                               
commission  regarding the  conduct of  members of  the judiciary.                                                               
This body  addresses complaints about  the actions of  judges and                                                               
ensures that  there is  a strong, ethical  judiciary. He  said he                                                               
looks   forward  to   serving.  He   provided  his   professional                                                               
credentials as a  lawyer and with the Alaska  Bar Association. He                                                               
concluded that  service on  the Commission  is another  avenue of                                                               
public service.                                                                                                                 
                                                                                                                                
CHAIR COGHILL  thanked Mr.  June for his  service. He  asked what                                                               
legislators ought  to know about  the ethics laws that  relate to                                                               
the judiciary.                                                                                                                  
                                                                                                                                
1:38:33 PM                                                                                                                    
MR.  JUNE explained  there is  a canon  on judicial  conduct that                                                               
lays out  the rules. He shared  an example of a  Bethel judge who                                                               
was found to be biased in cases and was suspended.                                                                              
                                                                                                                                
SENATOR DYSON  asked if any judges  from Alaska were found  to be                                                               
"on the take."                                                                                                                  
                                                                                                                                
MR.  JUNE said  he  didn't recall  any judge  who  was cited  for                                                               
bribery. He added  that there is a system in  place for judges to                                                               
recuse themselves when appropriate.                                                                                             
                                                                                                                                
1:40:55 PM                                                                                                                    
SENATOR DYSON asked for the  restrictions on what judges or their                                                               
supporters can do when advocating for retention.                                                                                
                                                                                                                                
MR. JUNE  replied he didn't  know the applicable  rules regarding                                                               
the  retention of  sitting judges.  He  said he  has seen  judges                                                               
respond to ads requesting their non-retention.                                                                                  
                                                                                                                                
CHAIR COGHILL asked how the  commission receives a challenge to a                                                               
judge on their conduct.                                                                                                         
                                                                                                                                
MR.  JUNE said  any member  of the  public can  make a  complaint                                                               
about a judge. The complaint  goes through a process to determine                                                               
whether or not it will go forward.                                                                                              
                                                                                                                                
1:44:03 PM                                                                                                                    
CHAIR COGHILL asked if there is a gatekeeper.                                                                                   
                                                                                                                                
MR. JUNE  said the executive  director sees the  complaint first,                                                               
but does not act unsupervised.                                                                                                  
                                                                                                                                
1:45:07 PM                                                                                                                    
SENATOR MCGUIRE joined the committee.                                                                                           
                                                                                                                                
CHAIR COGHILL thanked Mr. June for being willing to serve.                                                                      
                                                                                                                                
CHAIR  COGHILL  asked  Mr.  Granger to  tell  the  committee  his                                                               
interest in serving and what he expects to do as an appointee.                                                                  
                                                                                                                                
1:46:51 PM                                                                                                                    
WILLIAM A. GRANGER,  Appointee, Board of Governors  of the Alaska                                                               
Bar,  Anchorage, Alaska,  said  he's a  life-long  Alaskan and  a                                                               
banker by profession.  As a banker he's  had considerable contact                                                               
with attorneys and has enjoyed  that interaction. He guessed this                                                               
would be his fourth appointment to  the Board of Governors of the                                                               
Alaska Bar  and that he  is probably  the longest serving  in the                                                               
history of  the Board. He  said he  feels fortunate to  have that                                                               
institutional  knowledge  to  share  with other  members  of  the                                                               
Board. The  most important aspect  personally is  the opportunity                                                               
for public service.                                                                                                             
                                                                                                                                
1:52:01 PM                                                                                                                    
CHAIR  COGHILL asked  what some  of the  ethical issues  are that                                                               
differ from what the general public would expect.                                                                               
                                                                                                                                
MR. GRANGER  replied some issues  might be lawyers out  of trust,                                                               
neglecting their  clients, not respecting Bar  Association rules,                                                               
and grievances with clients over fees.                                                                                          
                                                                                                                                
1:53:34 PM                                                                                                                    
SENATOR DYSON  asked if  a lawyer approaches  the line  on ethics                                                               
when he/she misrepresents a client's spouse.                                                                                    
                                                                                                                                
MR.  GRANGER  replied a  nonfactual  representation  would be  an                                                               
ethics  violation  and something  the  Bar  Association would  be                                                               
interested in looking into.                                                                                                     
                                                                                                                                
1:56:44 PM                                                                                                                    
CHAIR COGHILL asked if there  was any objection to forwarding the                                                               
names  Marc June  and Bill  Granger to  the full  legislature for                                                               
consideration.                                                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI disclosed  he is a member of  the Alaska Bar                                                               
Association.                                                                                                                    
                                                                                                                                
1:57:19 PM                                                                                                                    
At Ease                                                                                                                         
                                                                                                                                
                   HB 292-2014 REVISOR'S BILL                                                                               
                                                                                                                                
1:58:12 PM                                                                                                                    
CHAIR  COGHILL  announced  the consideration  of  HB  292.  [CSHB                                                               
292(JUD) was before the committee.]                                                                                             
                                                                                                                                
1:58:21 PM                                                                                                                    
LISA  KIRSCH,  Assistant  Revisor of  Statutes,  Legal  Services,                                                               
Legislative  Affairs Agency,  Alaska  State Legislature,  Juneau,                                                               
Alaska, said the purpose of the  Revisor's Bill is to improve the                                                               
form of  the statutes  - to  clean up the  statutes. It  does not                                                               
change  any policy.  The Attorney  General's Office  has reviewed                                                               
the bill and has no objections to it.                                                                                           
                                                                                                                                
MS.  KIRSCH  reviewed  several  highlights   of  HB  292.  A  few                                                               
references  have been  changed. The  words "adoptive  child" were                                                               
changed to  "adopted child."  There are new  names for  a federal                                                               
bureau, there is a boiler  code name change, several instances of                                                               
"but not  limited to"  were removed, a  typo for  "stimulate" was                                                               
fixed, and  obsolete terms  were corrected.  She stated  that the                                                               
bill is policy neutral.                                                                                                         
                                                                                                                                
2:01:31 PM                                                                                                                    
CHAIR COGHILL  referenced Section 11  and asked if the  U.S. code                                                               
was changed.                                                                                                                    
                                                                                                                                
MS. KIRSCH said the site changed; the code is the same.                                                                         
                                                                                                                                
SENATOR DYSON  expressed a  desire to meet  and discuss  with the                                                               
director about obsolete provisions.                                                                                             
                                                                                                                                
CHAIR COGHILL solicited a motion.                                                                                               
                                                                                                                                
2:03:29 PM                                                                                                                    
SENATOR  DYSON  moved  to  report   CSHB  292,  Version  O,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  COGHILL announced  that without  objection, CSHB  292(JUD)                                                               
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                
2:04:23 PM                                                                                                                    
At Ease                                                                                                                         
                                                                                                                                
           SB 170-AFFIRMATIVE DEFENSE TO PROSTITUTION                                                                       
                                                                                                                                
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of  SB 170. "An  Act relating  to a defense  to the                                                               
crime of  prostitution for victims  of sex trafficking."  He said                                                               
it was the second hearing on  the bill and several questions were                                                               
awaiting answers.                                                                                                               
                                                                                                                                
2:06:24 PM                                                                                                                    
SENATOR BERTA GARDNER, Alaska  State Legislature, Juneau, Alaska,                                                               
sponsor of  SB 170,  clarified that this  is a  trafficking bill,                                                               
not  a   prostitute  bill.  She   addressed  the   questions  and                                                               
suggestions  from previous  testimony. She  emphasized that  this                                                               
bill is a first step and should remain uncontroversial.                                                                         
                                                                                                                                
CHAIR  COGHILL   said  a  more  comprehensive   approach  may  be                                                               
preferable, but this bill has a chance of passing this year.                                                                    
                                                                                                                                
2:08:00 PM                                                                                                                    
STEVEN  HANDY,   Staff,  Senator  Berta  Gardner,   Alaska  State                                                               
Legislature, said the suggestions  that were proffered during the                                                               
last  hearing  were  well-intended.  However, the  goal  of  this                                                               
effort is  to get to  the traffickers  who are ruining  lives. He                                                               
noted the  resources for enforcement  of the bill are  already in                                                               
place.  Training  for  law  enforcement  and  access  to  service                                                               
providers for  victims of  sex trafficking are  in place  and the                                                               
bill  is  a  strong  link  between  those  two.  He  thanked  the                                                               
committee for its efforts on the bill.                                                                                          
                                                                                                                                
SENATOR GARDNER  noted that a representative  from the Department                                                               
of Public Safety was available to discuss training.                                                                             
                                                                                                                                
2:10:07 PM                                                                                                                    
KELLY HOWELL,  Legislative Liaison,  Department of  Public Safety                                                               
(DPS), explained  that DPS currently  provides training  on human                                                               
trafficking  and sex  trafficking at  the Public  Safety Training                                                               
Academy for  new police  recruits and  in regional  trainings for                                                               
existing  officers.   The  training  covers   identification  and                                                               
investigation   of   sex   trafficking   crimes,   as   well   as                                                               
understanding the  dynamics of  the crime  and how  people become                                                               
victims. She stated that DPS  believes that this current training                                                               
adequately  differentiates   between  someone  who   is  actively                                                               
engaging  in prostitution  and someone  who  is a  victim of  sex                                                               
trafficking.                                                                                                                    
                                                                                                                                
CHAIR COGHILL asked if this  would be another descriptive element                                                               
in the training.                                                                                                                
                                                                                                                                
MS. HOWELL answered yes.                                                                                                        
                                                                                                                                
CHAIR  COGHILL  observed that  the  bill  wouldn't have  a  large                                                               
fiscal impact.                                                                                                                  
                                                                                                                                
He thanked  the sponsor and  asked about her expectations  of the                                                               
bill moving forward.                                                                                                            
                                                                                                                                
SENATOR GARDNER replied that the  people who testified during the                                                               
first hearing of  the bill raised interesting  questions. One was                                                               
that if  a person is  charged with prostitution, they  are listed                                                               
on CourtView  even before they've  had a  trial. There is  also a                                                               
question  of people  who have  a  previous history  and if  there                                                               
should  be  retroactive expungement  of  that  record. The  other                                                               
issue is  there are a series  of crimes that are  associated with                                                               
trafficking a  victim might be  coerced into committing,  such as                                                               
shoplifting.  The problem  is  to determine  which  crimes are  a                                                               
result of trafficking and which are not.                                                                                        
                                                                                                                                
2:14:22 PM                                                                                                                    
SENATOR  DYSON said  trafficking  under Alaska  law doesn't  mean                                                               
transporting. He  asked if "induced" includes:  getting hooked on                                                               
drugs,  threats of  deportment, threats  against family  members,                                                               
and building dependency.                                                                                                        
                                                                                                                                
SENATOR GARDNER  agreed. She noted  that some people  many choose                                                               
of  their  own volition  to  become  involved in  commercial  sex                                                               
trade, but the  bill addresses people who have been  induced in a                                                               
variety of ways and where someone else benefits.                                                                                
                                                                                                                                
SENATOR DYSON clarified  that getting someone hooked  on drugs in                                                               
order to  get them to  work in the  sex trade  is a part  of what                                                               
"induced" means.                                                                                                                
                                                                                                                                
SENATOR  GARDNER said  it is  her understanding  that very  often                                                               
that is the case.                                                                                                               
                                                                                                                                
SENATOR DYSON  requested that  Senator Gardner  state that  it is                                                               
her intention  that inducements,  such as  intentional addiction,                                                               
are "positive defenses" because the  victim was not acting of her                                                               
own free will.                                                                                                                  
                                                                                                                                
SENATOR GARDNER agreed that is her intention.                                                                                   
                                                                                                                                
2:16:55 PM                                                                                                                    
CHAIR COGHILL said the intent is to make an affirmative defense.                                                                
                                                                                                                                
SENATOR GARDNER thanked the committee.  She said this legislation                                                               
is  a start  and  a  way to  better  understand this  multi-level                                                               
problem.                                                                                                                        
                                                                                                                                
CHAIR COGHILL asked for the will of the committee.                                                                              
                                                                                                                                
2:17:52 PM                                                                                                                    
SENATOR  DYSON  moved  to  report  SB  170  from  committee  with                                                               
individual recommendations and attached zero fiscal note(s).                                                                    
                                                                                                                                
CHAIR COGHILL announced that without  objection SB 170 moved from                                                               
the Senate Judiciary Standing Committee.                                                                                        
                                                                                                                                
2:18:26 PM                                                                                                                    
At Ease                                                                                                                         
                                                                                                                                
          SB 176-REG. OF FIREARMS/KNIVES BY UNIVERSITY                                                                      
                                                                                                                                
2:19:51 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of  SB 176. "An  Act relating to the  regulation of                                                               
firearms  and knives  by the  University of  Alaska." He  invited                                                               
public testimony.                                                                                                               
                                                                                                                                
2:20:21 PM                                                                                                                    
JARMYN KRAMLICH  President, UAS Student Body  Government, Juneau,                                                               
Alaska,  testified in  opposition  to SB  176.  He reported  that                                                               
students  at  the  Juneau  campus  feel that  SB  176  will  have                                                               
unintended  consequences  that  will   interfere  with  the  main                                                               
purpose of the University of  Alaska. Students voiced concern for                                                               
their safety  and that  the Board  of Regents  would not  be able                                                               
enact policies in the best interest of students.                                                                                
                                                                                                                                
2:22:53 PM                                                                                                                    
JESSICA DOMINY,  Vice-President, UAS Student  Government, Juneau,                                                               
Alaska,  testified  in opposition  to  SB  176. She  shared  that                                                               
fellow  students from  rural areas  are  very comfortable  around                                                               
firearms, but don't understand why  they should be on the college                                                               
campus.  She questioned  what accommodations  would  be made  for                                                               
high  school  and  elementary  students  who  are  frequently  on                                                               
campus. She urged the committee not to pass the legislation.                                                                    
                                                                                                                                
SENATOR DYSON  said our form  of government provides  that rights                                                               
should  only  be  restricted  if there  is  a  compelling  public                                                               
reason. He  questioned whether  there is  a compelling  reason in                                                               
this  instance and  then if  it  extends to  first amendment  and                                                               
fourth amendment  rights. He further questioned  whether feelings                                                               
should govern the restriction of  rights, particularly freedom of                                                               
speech.                                                                                                                         
                                                                                                                                
MR. KRAMLICH replied  that the issue is that  students don't feel                                                               
concealed weapons have any place in the classroom.                                                                              
                                                                                                                                
2:29:04 PM                                                                                                                    
RUSSELL KELL, representing  himself, Anchorage, Alaska, testified                                                               
in support  of SB 176.  He said people  are safest when  they can                                                               
defend themselves.  He questioned why millions  of dollars should                                                               
be spent on an institution that ignores rights.                                                                                 
                                                                                                                                
2:31:00 PM                                                                                                                    
MIKE  COONS,  representing  himself,   Palmer,  Alaska,  said  he                                                               
opposes  the committee  substitute because  it is  an attempt  to                                                               
placate  the  Board of  Regents  that  is abrogating  rights.  He                                                               
recommended passing the original bill.                                                                                          
                                                                                                                                
2:33:55 PM                                                                                                                    
ROBERT CLIFT, representing  himself, Anchorage, Alaska, testified                                                               
in support  of SB 176. He  pointed out that students  are already                                                               
around people on  campus who are armed. If  the university knows,                                                               
they just  ask the  person to leave.  He said  the administration                                                               
enforces  its policy  when it  sees fit  and ignores  it when  it                                                               
doesn't.                                                                                                                        
                                                                                                                                
2:36:29 PM                                                                                                                    
MICHAEL  CHAMBERS, Chair,  Alaska  Libertarian Party,  Anchorage,                                                               
Alaska, testified  in support of  SB 176. He maintained  that the                                                               
right to bear arms is a fundamental right.                                                                                      
                                                                                                                                
2:37:29 PM                                                                                                                    
BARBARA  J.  STRUBLE,  representing herself,  Anchorage,  Alaska,                                                               
asked the  committee to  pass SB  176 in  its original  form. She                                                               
concurred with the four previous speakers.                                                                                      
                                                                                                                                
2:38:28 PM                                                                                                                    
MARK  FISH, representing  himself,  Big Lake,  Alaska, asked  the                                                               
committee to pass  the original version of SB 176.  He said it is                                                               
a public  university on public  land and individual  rights ought                                                               
to  be  respected. If  the  university  doesn't provide  for  the                                                               
students, they ought to be able to provide for themselves.                                                                      
                                                                                                                                
CHAIR COGHILL  closed public testimony. He  removed his objection                                                               
and Version Y was adopted.                                                                                                      
                                                                                                                                
He  explained  that  there  has  to be  a  compelling  reason  to                                                               
restrict a right.  Requiring a permit may be  restrictive, but it                                                               
may  be the  least  restrictive  option. He  asked  his staff  to                                                               
comment.                                                                                                                        
                                                                                                                                
2:42:31 PM                                                                                                                    
HANS RODVIK, Intern,  Senator John Coghill, responded  to some of                                                               
the concerns  that have been  raised in  testimony on SB  176. He                                                               
said a large concern is there  are K-12 students on campus. These                                                               
students  are  already surrounded  by  adults  who conceal  carry                                                               
statewide.  Following the  university's logic,  the state  should                                                               
prohibit concealed carry everywhere the students happen to be.                                                                  
                                                                                                                                
Another concern  is that the  university would be  defenseless to                                                               
defend  the campus.  This  is incorrect  because  all laws  would                                                               
still stand.  The bill simply says  that people would be  able to                                                               
defend themselves.                                                                                                              
                                                                                                                                
He  maintained that  the bill  codifies current  practice because                                                               
students  and others  are  already  exercising their  fundamental                                                               
rights.                                                                                                                         
                                                                                                                                
He  said the  idea that  the policy  distracts from  the learning                                                               
environment  argument is  faulty  because the  public is  already                                                               
around people who conceal carry.                                                                                                
                                                                                                                                
He  turned  to the  argument  about  the  presence of  drugs  and                                                               
alcohol on  campus and said  his research shows evidence  of that                                                               
not being  a problem. It  is a crime  to conceal carry  under the                                                               
age of 21.                                                                                                                      
                                                                                                                                
MR. RODVIK  concluded that  this bill  contains a  proper balance                                                               
between  the public  safety interest  of the  university and  two                                                               
fundamental  rights. The  data shows  that lawful  adults who  go                                                               
through  the  rigorous  process  to  obtain  concealed  hand  gun                                                               
permits  will remain  law  abiding, will  be  properly suited  to                                                               
defend  themselves  and  others,  and  won't  distract  from  the                                                               
learning environment on university campuses.                                                                                    
                                                                                                                                
2:48:25 PM                                                                                                                    
CHAD  HUTCHISON,   Staff,  Senator  John  Coghill   Alaska  State                                                               
Legislature,  Juneau,  Alaska,  described  the  CS  for  SB  176,                                                               
Version  Y,  as the  least  restrictive  alternative and  a  fair                                                               
balance of the elements.                                                                                                        
                                                                                                                                
CHAIR  COGHILL  noted  that  this   is  the  first  committee  of                                                               
referral.                                                                                                                       
                                                                                                                                
2:49:35 PM                                                                                                                    
SENATOR DYSON  moved to  [report the  CS for  SB 176,  Version Y,                                                               
from committee  with individual recommendations and  the attached                                                               
fiscal note(s).]                                                                                                                
                                                                                                                                
CHAIR COGHILL  objected. He  noted the  legal principle  is fully                                                               
debated. He said  the bill has a  fiscal note and will  go to the                                                               
Senate Finance Committee.                                                                                                       
                                                                                                                                
SENATOR DYSON wished  that the definition of lock  box was better                                                               
and that long guns were permitted on campus.                                                                                    
                                                                                                                                
2:50:59 PM                                                                                                                    
SENATOR WIELECHOWSKI said he would  vote to move the bill forward                                                               
because there are strong constitutional  issues to support it. He                                                               
recalled  the   examples  in  Utah   and  in  Colorado   with  no                                                               
incidences.                                                                                                                     
                                                                                                                                
CHAIR COGHILL removed his objection.                                                                                            
                                                                                                                                
CHAIR COGHILL announced that without objection, CSSB 176(JUD)                                                                   
was reported from the Senate Judiciary Standing Committee.                                                                      
                                                                                                                                
2:52:39 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Coghill adjourned the Senate Judiciary Standing Committee                                                                 
meeting at 2:52 p.m.                                                                                                            

Document Name Date/Time Subjects
Written Testimony #5.zip SJUD 3/21/2014 1:30:00 PM
SB 176