03/15/2013 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR9 | |
| SB49 | |
| HB69 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 69 | TELECONFERENCED | |
| += | SJR 9 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 49 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 15, 2013
1:36 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Fred Dyson
Senator Donald Olson
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Lesil McGuire, Vice Chair
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 9
Proposing amendments to the Constitution of the State of Alaska
relating to state aid for education.
- HEARD & HELD
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 49
"An Act defining 'medically necessary abortion' for purposes of
making payments under the state Medicaid program."
- MOVED SSSB 49 OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 69(JUD)
"An Act exempting certain firearms, firearm accessories, and
ammunition in this state from federal regulation; declaring
certain federal statutes, regulations, rules, and orders
unconstitutional under the Constitution of the United States and
unenforceable in this state; providing criminal penalties for
federal officials who enforce or attempt to enforce a federal
statute, regulation, rule, or order regulating certain firearms
and firearm accessories in this state; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 49
SHORT TITLE: MEDICAID PAYMENT FOR ABORTIONS; TERMS
SPONSOR(s): SENATOR(s) COGHILL
02/11/13 (S) READ THE FIRST TIME - REFERRALS
02/11/13 (S) JUD, FIN
02/15/13 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
02/15/13 (S) JUD, FIN
02/27/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/27/13 (S) Heard & Held
02/27/13 (S) MINUTE(JUD)
03/04/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/04/13 (S) Heard & Held
03/04/13 (S) MINUTE(JUD)
03/05/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/05/13 (S) Heard & Held
03/05/13 (S) MINUTE(JUD)
03/11/13 (S) JUD AT 5:00 PM BELTZ 105 (TSBldg)
03/11/13 (S) Heard & Held
03/11/13 (S) MINUTE(JUD)
03/13/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/13/13 (S) Heard & Held
03/13/13 (S) MINUTE(JUD)
03/15/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SJR 9
SHORT TITLE: CONST. AM: EDUCATION FUNDING
SPONSOR(s): SENATOR(s) DUNLEAVY
02/13/13 (S) READ THE FIRST TIME - REFERRALS
02/13/13 (S) EDC, JUD
02/15/13 (S) EDC REFERRAL REMOVED
02/15/13 (S) FIN REFERRAL ADDED AFTER JUD
02/15/13 (S) UPHOLD CHANGE TO REFERRALS Y11 N4 E4 A1
03/13/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/13/13 (S) Scheduled But Not Heard
03/15/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 69
SHORT TITLE: EXEMPT FIREARMS FROM FEDERAL REGULATION
SPONSOR(s): REPRESENTATIVE(s) CHENAULT
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) JUD
01/18/13 (H) BILL REPRINTED 1/17/13
02/08/13 (H) JUD AT 1:00 PM CAPITOL 120
02/08/13 (H) Heard & Held
02/08/13 (H) MINUTE(JUD)
02/18/13 (H) JUD AT 1:00 PM CAPITOL 120
02/18/13 (H) Moved CSHB 69(JUD) Out of Committee
02/18/13 (H) MINUTE(JUD)
02/20/13 (H) JUD RPT CS(JUD) NT 6DP 1NR
02/20/13 (H) DP: MILLETT, PRUITT, LYNN, FOSTER,
LEDOUX, KELLER
02/20/13 (H) NR: GRUENBERG
02/27/13 (H) TRANSMITTED TO (S)
02/27/13 (H) VERSION: CSHB 69(JUD)
02/28/13 (S) READ THE FIRST TIME - REFERRALS
02/28/13 (S) JUD
03/15/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR MIKE DUNLEAVY
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SJR 9.
DEENA PARAMO PhD., Superintendent
Matanuska-Susitna Borough School District
Palmer, Alaska
POSITION STATEMENT:
MICHAEL JOHNSON PhD., Superintendent
Copper River School District
Glennallen, Alaska
POSITION STATEMENT: Testified in support of SJR 9.
ELLEN VAROSI, representing herself
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SJR 9.
JOHN O'DAY, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SJR 9.
PATRICK SHIER, representing himself
Juneau, Alaska
POSITION STATEMENT: Testified in support of SJR 9.
MARK ROSEBERRY, President
North Slope Borough Education Association (NSBEA) and
Barrow, Alaska
POSITION STATEMENT: Expressed concern with SJR 9.
JOSEPH SEBASTIAN, representing himself
Kupreanof, Alaska
POSITION STATEMENT: Testified in opposition to SJR 9.
MARY GRAHM, representing herself
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SJR 9.
TINA BERNOSIA, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SJR 9.
CONNIE WINGREN, representing herself
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of SJR 9.
REPRESENTATIVE MIKE CHENAULT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 69.
JORDAN SHILLING, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes between the Senate CS
and HB 69.
TOM WRIGHT, Staff
Representative Mike Chenault
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided supporting information for HB 69 on
behalf of the sponsor.
ACTION NARRATIVE
1:36:48 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:36 p.m. Present at the call to
order were Senators Dyson, Wielechowski, and Chair Coghill.
Senator Olson arrived during the course of the meeting.
SJR 9-CONST. AM: EDUCATION FUNDING
1:37:45 PM
CHAIR COGHILL announced the consideration of SJR 9, noting that
this was the first hearing.
1:38:37 PM
SENATOR MIKE DUNLEAVY, sponsor of SJR 9, introduced SJR 9,
reading the sponsor statement into the record as follows:
[Original punctuation provided.]
Senate Joint Resolution 9, if passed by both bodies of
the legislature, places a constitutional amendment
before the voters in the general election in the fall
of 2014. This ballot proposal provides voters a change
to amend the Alaska Constitution to allow the use of
public money for the benefit of all Alaskans seeking
educational/training aid, regardless of whether
individuals enroll in public or private institutions.
Currently the Alaska Constitution prohibits the use of
public funds for the direct benefit of any private
educational institution. The courts have determined
that this ban extends to state funds being allotted to
individual Alaskans who choose to attend a private
school. Meanwhile an increasing number of Alaskans are
questioning the constitutionality of the long-standing
practice of giving educational scholarships/grants to
adults for educational and training purposes while
denying children the same funding opportunities.
Passage of SJR 9 clarifies the question on the
constitutionality of current educational practices.
More than that, the ballot question allows the voters
to decide whether to maintain or abolish the
restrictions on the use of public dollars for the
education of children. SJR 9 gives the voters the
power to decide what is right for them, their families
and the State of Alaska.
It is important to note that even with the adoption of
this constitutional amendment by a majority of voters,
the legislature still needs to have a robust
discussion on how to go forward. These deliberations
will occur before any Alaskan child receives state
funds to attend a private educational institution. The
passage of SJR 9 allows these discussions to begin.
1:41:39 PM
SENATOR DUNLEAVY reviewed the contents of the packet and
delivered a PowerPoint to further explain SJR 9. He relayed that
the issue is that the state constitution prohibits public funds
going to private or religious educational service providers, yet
public/private partnerships have expanded tremendously since
1965 to meet the needs of a diverse population. However, these
partnerships and associated practices could be construed to be
unconstitutional. This can be settled by the courts or the
people can vote to change their constitution to align it with
Alaska practices.
If SJR 9 passes, Alaskans will be given the opportunity to vote
on whether or not to revise the Alaska Constitution. The
language, "No money shall be paid from public funds for the
direct benefit of any religious or other private educational
institution." would be removed from art. VII, sec. 1. The
language "however, nothing in this section shall prevent payment
from public funds for the direct educational benefit of students
as provided by law." would be added to art. IX, sec. 6.
SENATOR DUNLEAVY explained that if SJR 9 is passed by a 2/3
majority of each body, the proposition will appear on the 2014
general election ballot.
A review of the history of Alaska education from 1867 to 1905
shows a dual federal/territorial system of education starting in
1900, more or less until 1965. The territorial system included
local school districts in incorporated towns; the federal system
of schools was outside incorporated towns, primarily for
Natives. An historical listing of Alaska school models includes:
borough/city schools, family homeschools, correspondence
schools, faith-based schools, mission schools, private schools
and state-operated BIA boarding schools.
The Alaska Department of Education and Early Development (DEED)
currently oversees a variety of educational delivery systems,
including correspondence and charter schools. Many of these
children are educated to public standards but don't necessarily
go to neighborhood schools. Correspondence/homeschool students
have an Individual Learning Plan (ILP) and their education is
often supplemented by both for-profit and private educational
service providers (ESP). The question is how far these
partnerships can go before someone files a lawsuit claiming that
public monies are being expended for private education.
He questioned whether the following were constitutional:
· Can a 15-year old student use public education funds to
purchase courses through an allotment, voucher,
scholarship, or tuition process from a public university to
support his/her educational plan?
· Can a 15-year old student use public education funds to
purchase courses through an allotment, voucher,
scholarship, or tuition process from a private religious
university?
· Can a 19-year old purchase course work from a university
system?
· Can a 12-year old student purchase a distance-delivered
course in math from a national online educational service
provider to support his/her public education learning plan?
· Can the same 12-year old student purchase a Latin course
from a private religious school to support his/her public
education learning plan?
SENATOR DUNLEAVY stated that the answer in each of the cases is
yes, no, and maybe, depending on the individual's philosophy and
view of what the constitutional language means.
SENATOR DUNLEAVY displayed a list of private, for-profit, and
faith-based educational service providers in the state that
partner with public education. [The list included A+ In-Home
Tutoring, Alaska Center for the Martial Arts, Alaska Engineering
Academies, Alaska Learning Labs, Alaska Pacific University,
Brain Hurricane, LLC, Challenger Learning Center of Alaska, Math
Savvy Institute, Northern Industrial Training, Sylvan Learning
Center, Southeast Alaska guide Association, and Turning Leaf
Literacy Center.]
1:46:13 PM
SENATOR OLSON joined the committee.
SENATOR DUNLEAVY relayed that the Charter School Act that passed
in 1995 initially allowed for 30 schools. It brought thousands
of students back into the public educational system, just not
into the public schools. The first statewide homeschool program,
Interior Distance Education of Alaska (IDEA), started in 1997
and helped people to look at education differently. The kids
weren't chits to serve the schools, the schools were supposed to
serve the kids. Since the advent of that program, many other
schools have sprung up to meet the needs of Alaskans.
SENATOR DUNLEAVY said his goal in introducing SJR 9 is to
enshrine what is currently being done in public education.
Homeschool parents and others will testify that they want the
latitude to pursue the goals in the stated public school
outcomes.
He acknowledged that for some the focus has been on vouchers,
but SJR 9 doesn't necessarily have to end in a voucher system.
Others have focused on the potential loss of public funding to
the educational system, but that's a separate issue. Some have
focused on private or religious schools, but he would caution
against giving private or religious schools money. However, he
sees nothing wrong with a child taking a Latin course from a
Catholic school as part of his/her ILP. The concept is to give
the student the ability to purchase educational services from a
provider.
SENATOR DUNLEAVY admitted that he favors vouchers through a tax
credit concept. He also favors expanding the public educational
system to include as many Alaskans as possible. He said he
believes that the people of Alaska should be given the
opportunity to vote on whether they want to change the language
in their constitution regarding education funding.
2:00:23 PM
SENATOR DYSON recalled that other states have language in their
constitutions that is similar to the failed federal Blaine
Amendment, and the courts have found it did permit public funds
to flow through the students to private institutions.
SENATOR DUNLEAVY said the difference is that the language in
other state constitutions refers to public monies being used for
direct and indirect benefit of private or religious education,
and the Alaska Constitution does not use the term "indirect."
SENATOR DYSON offered his understanding that Alaska's
constitutional delegates chose not to put the term "indirect" in
the constitution.
SENATOR DUNLEAVY said that was his understanding, too.
SENATOR DYSON said he also understood that it was a court
decision that precluded Alaska from using the interpretation
that money could flow ultimately to a private institution.
SENATOR DUNLEAVY responded that there have been several court
decisions and he believes the interpretation is open to too much
question.
SENATOR DYSON summarized that the language in the Alaska
Constitution needs clarification because private institutions
that are using public money to accomplish a public education
objective are in jeopardy of being sued.
SENATOR DYSON said that was his belief.
2:05:07 PM
CHAIR COGHILL promised that he would not shortchange public
testimony, although everyone would not be heard today.
SENATOR OLSON asked how this legislation would address the
current high dropout rates.
SENATOR DUNLEAVY replied that the discussion of how to use
private/public partnerships to address education problems will
come after SJR 9 passes and the people of Alaska have voted on
the language in their constitution.
SENATOR COGHILL observed that the proposed language in art. IX
is intended to follow the student.
SENATOR DUNLEAVY agreed and noted his intention to file a
companion bill that clarifies that concept.
2:08:34 PM
DEENA PARAMO PhD., Superintendent, Matanuska-Susitna (Mat-Su)
Borough School District, said she has been an educator in Alaska
for 22 years. The district serves 17,500 students in 45 unique
and diverse schools that have unique and diverse programs to
serve the Mat-Su Valley community. She said she was not speaking
to the political aspect of SJR 9 or as a historian on the
constitution. She was testifying to share that Mat-Su is a
successful school district that meets the needs of the community
through innovation, public school choice, and customer service.
Mat-Su is diverse with small, one-room school houses that serve
children K-12 in one community and five large comprehensive high
schools that serve as neighborhood schools in another community.
Mat-Su has special mission schools that focus on science and
engineering, six charter schools, a renowned career and
technical high school, and 16 large elementary schools that
serve over 400 students each. In addition, Mat-Su has a central
school serving over 1,400 homeschool students throughout the
borough.
Equally important to the diverse school buildings and settings,
are the school programs. She related that she has standardized
the rigor of the educational programs, and has challenged
schools to customize their individual programs to meet their
students' needs. Mat-Su offers a wide variety of choices for
students and families to prepare the youths for their
multifaceted future, she said.
DR. PARAMO said the educational choices offered by the Mat-Su
Borough School District provide evidence of the strong community
commitment to education that ties private and public goals in
the state. Children today are born into a world of ubiquitous
choice and opportunity, and Mat-Su has chosen to focus on what
is necessary to prepare students for their world. The success of
the district is defined by the students' subsequent success
finding jobs, earning livable wages, and caring for their
families. Outcomes are measures through a post high school
survey that is commissioned by a third party.
To ensure it remains competitive and provides the best education
possible, the Mat-Su district partners with other public and
private entities in the Valley, state, and nation. Mat-Su
students are offered Cisco technology training, flux core
welding, and high quality online learning for core curriculum,
because this is what the students will face in college.
Curriculum training for teachers is through the National Math
and Science Initiative, and other professionals provide music
and sports training. Private industry directs the program at the
career and technical high school. Private partnerships allow
students to engage in authentic learning and national best
practices and curriculum help students prepare for what they
will encounter after high school.
DR. PARAMO said the empirical evidence hasn't shown vouchers to
be the downfall of public education or the panacea but she did
know that the Mat-Su Borough School District meets more
students' needs, desires, and dreams than ever before by
embracing innovation, choice, and customer service.
CHAIR COGHILL asked Dr. Paramo to submit her written testimony.
2:15:36 PM
At ease
2:16:11 PM
MICHAEL JOHNSON, Superintendent, Copper River School District,
asked the committee to allow Alaskans the opportunity to debate
and vote on the constitutional amendment proposed by SJR 9. This
important education issue is worthy of a vigorous public debate
and will lead to conversations about other topics important for
the future of the state's education performance.
2:17:34 PM
ELLEN VAROSI, representing herself, said she favors choice and
hopes SJR 9 leads to school vouchers, because vouchers yield
choice, choice yields competition, and competition yields
success. She said that vouchers will have minimal impact on
public school funding. Rather, they will relieve school
districts of students that don't fit the public school model and
fail to thrive. She cited the December 2010 McKinsey report that
shows that the more the U.S. has spent on education the worse
the outcome has been, and the Program for International Student
Assessment (PISA) studies that show that U.S. 15-year-olds rank
poorly internationally in reading, math, and science. Don't be
afraid of change or choice or competition, and, above all, don't
be afraid of vouchers, she said.
2:19:12 PM
JOHN O'DAY, representing himself, testified in support of SJR 9,
the proposal to amend art. VII, sec. 1, and art. IX, sec 6. The
time has come for this discussion because 60 percent of incoming
University of Alaska students desperately need remedial classes.
He stated support for vouchers and what they can accomplish.
2:21:11 PM
PATRICK SHIER, representing himself, testified that SJR 9 will
give voters an opportunity at self-determination and will
clarify existing practice. He related that throughout his
children's varied schooling careers, administrators raised
significant questions about issues that SJR 9 will solve.
Alaskans will also be better equipped to continue the
conversations already underway regarding their expectations
under art VII.
CHAIR COGHILL stated that the committee would accept written
testimony.
2:22:24 PM
MARK ROSEBERRY, President, North Slope Borough Education
Association (NSBEA) and teacher at Barrow High School, said he
supports choice but he looks at it from a rural perspective. He
questioned how rural school districts can maintain an education
system, hiring teachers and support staff and securing housing
without knowing if they have the student population to support
the system. He asked how it helps the education system in Alaska
if a group separates from the public school to form a separate
school that shuts down a few years later.
2:24:26 PM
JOSEPH SEBASTIAN, representing himself, said that Alaska's
public education system is the backbone of its efforts to create
worthy citizens capable of leading the state into the future,
and SJR 9 will deplete the system of funds when it is already in
need of more funding, not less. He related that his two children
were homeschooled in grades 1-6 in the excellent, state-
sponsored correspondence school program that was inexplicably
discontinued by former Governor Frank Murkowski, and replaced
with little or nothing. His children subsequently attended high
school in Petersburg, which he believes it may be a leading
example of school systems in the state. He opined that Alaska's
public school system needs to be reinforced, not dismantled
piecemeal through efforts such as this resolution.
2:26:17 PM
MARY GRAHM, representing herself, said she doesn't believe it is
time to put this issue to a popular vote. She trusts the work of
the constitutional delegates and wants to see the public school
system succeed. She predicted that if this issue comes to a
vote, the voices that will be heard the loudest are the ones
that support vouchers. In this time of Citizens United and
unlimited spending on issues, this discussion will not be held
by Alaskans, because this legislation is part of a national
agenda to allow the diversion of public funds to private and
religious schools. She said she finds it hard to believe that
education for profit will lead to Alaska's education goals. She
recalled other attempts to amend the Alaska Constitution that
were wasteful of both time and money. Alaska has the ability to
provide lots of choices in its educational system, without SJR
9.
2:28:37 PM
TINA BERNOSIA, representing herself, said she is testifying
against SJR 9 as a school counselor and mother of twins who
attend public school in Anchorage. She believes in the public
school system and would suggest spending a day in the system to
see what great things are happening. She offered her belief that
Alaska would be among the best if its public education system
were fully funded. Concentrate on all of Alaska's children, and
do not create a system of have and have not, she said.
2:29:36 PM
CONNIE WINGREN, Principal, Holy Name Catholic School, Ketchikan,
Alaska, stated that parents should have the right to decide how
they would like their children to be taught, and SJR 9 gives
them that choice. Furthermore, it will provide educational
diversity in the state.
2:31:06 PM
CHAIR COGHILL said public testimony would continue in subsequent
meetings. He held SJR 9 in committee.
SB 49-MEDICAID PAYMENT FOR ABORTIONS; TERMS
2:32:37 PM
CHAIR COGHILL announced the consideration of SB 49, relating to
Medicaid funding for abortions. [SSSB 49 was before the
committee.] He noted that there had been extensive discussion
and debate on the legislation. Finding no further discussion, he
solicited a motion.
2:33:05 PM
SENATOR DYSON moved to report [SSSB] 49 from committee with
individual recommendations and attached fiscal note(s).
CHAIR COGHILL asked if there was objection.
2:33:21 PM
SENATOR WIELECHOWSKI said he was not going to support the bill,
but wouldn't object to it moving because he could count the
votes. However, he wanted to state a few important things for
the record.
He said he commends the intent to decrease the number of
abortions, but he didn't believe the bill was necessary at this
time. During the last hearing, the commissioner of the
Department of Health and Social Services (DHSS) testified that
the department spent considerable time and heard from nearly 500
people to come to resolution on how to deal with medically
necessary on the issue of abortions. To that end, DHSS put a new
regulation in place that requires doctors to certify that an
abortion is medically necessary in order to get funding from the
state.
SENATOR WIELECHOWSKI pointed out that the Parnell Administration
had the ability to define the term but instead chose to use
certification from the doctor. He said he believes that DHSS
chose to do it that way to avoid constitutional problems.
Providing a definition the way the bill does is
unconstitutional. Over the years the court has repeatedly said
that women who seek an abortion cannot be treated differently
than women who seek childbirth. Treating them differently
creates an equal protection issue.
He predicted that if SB 49 passes, the litigation costs will be
high and the court will ultimately find that it violates the
constitution. He suggested that the better course of action is
to give the new DHSS regulation time to work. He noted that it
is a constitutional regulation, whereas SB 49 is not.
2:36:07 PM
CHAIR COGHILL clarified that the regulation says [the state will
pay for] medically necessary abortions and the problem is that
there is no definition for what is elective. With regard to
constitutionality, he said he believes the bill is
constitutional because it is based on a standard of neutral
criteria. He said he understands that Planned Parenthood intends
to challenge the legislation should it pass, but he believes it
brings clarity.
2:37:24 PM
CHAIR COGHILL found no further comments and no objection, and
announced that [SSSB] 49 moves from the Senate Judiciary
Standing Committee.
2:37:53 PM
At ease
HB 69-EXEMPT FIREARMS FROM FEDERAL REGULATION
2:39:20 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of HB 69. He moved to bring the work draft Senate
committee substitute (CS) for CSHB 69, labeled 28-LS2090\R,
before the committee.
SENATOR DYSON objected [for discussion purposes].
CHAIR COGHILL acknowledged that the sponsor may or may not agree
with the proposed Senate CS.
2:40:16 PM
REPRESENTATIVE MIKE CHENAULT, sponsor of HB 69, introduced the
bill speaking to the following sponsor statement: [Original
punctuation provided.]
The intent of House Bill 69 is an effort to protect
Alaskans' rights to keep and bear arms protected by
both the U.S. and Alaska Constitutions. In light of
the President's executive orders and legislative
proposals, it is important that Alaska protect not
only our Second Amendment rights but also asserting
citizens' and states' rights guaranteed under the
Ninth and Tenth Amendment.
The legislation was drafted in anticipation of
President Obama's executive orders based on
recommendations of a work group led by Vice President
Biden. This group was charged with developing a set of
concrete policy proposals for reducing gun violence.
These proposals were the basis for the Presidential
Executive [memoranda] that were announced on January
16, 2013. The plan combines executive actions and
calls for legislative action that "would help keep
guns out of the wrong hands, ban assault and high-
capacity magazines, make our schools safer, and
increase access to mental health services." Although
the executive orders did not carry the force of law,
the recommendations calling for Congressional action
could affect Second Amendment rights and the rights of
states as well.
REPRESENTATIVE CHENAULT highlighted that HB 69, before the
proposed Senate CS, adds the phrase, "possession of a firearm
within the state" to current statute. It also adds new
subsections that say that any federal actions to restrict guns
or ammunition ownership taken after the effective date of this
bill are unenforceable in the state.
CHAIR COGHILL thanked the sponsor for proposing the bill and the
clarification of executive memoranda versus executive order.
SENATOR DYSON relayed that his research found that the only
difference between an executive order and executive memorandum
is that one declaration goes into the congressional record.
CHAIR COGHILL read the new subsection (g) in Section 5 and
suggested it might be more workable than the original felony
language. He asked the sponsor if he had reviewed the language
in the proposed Senate CS.
REPRESENTATIVE CHENAULT said he hadn't had an opportunity to
look in depth at the proposed language, but his staff had
communicated potential concerns.
CHAIR COGHILL said his intention was to adopt the Senate CS and
consider amendments next week. He asked Mr. Shilling to review
the changes proposed in the Senate CS, particularly subsection
(g).
2:45:19 PM
JORDAN SHILLING, staff to Senator Coghill, explained that the
Senate CS inserts a new Section 2 that prohibits the use of
state funds for the purpose of implementing or aiding in the
implementation of a federal action that infringes on a person's
Second Amendment right or due process right. Section 2 also
contains definitions for the terms "asset" and "state or
municipal agency."
2:46:31 PM
SENATOR WIELECHOWSKI asked what the provision in paragraph (A)
on page 3 would encompass regarding infringement on a person's
Second Amendment right.
MR. SHILLING offered his understanding that there are recent
U.S. Supreme Court cases that define the limits of a person's
right to bear arms. He added that the Alaska Supreme Court would
probably make a determination as well.
CHAIR COGHILL suggested the committee ponder that question over
the weekend and review the specific language in Section 1 of the
version that passed the House.
SENATOR DYSON asked if the definition of "asset" on page 3, line
12, includes personnel.
MR. SHILLING responded that employees are addressed in the
definition of state or municipal agency on page 3, line 20.
2:49:29 PM
TOM WRIGHT, staff to Representative Mike Chenault, prime sponsor
of HB 69, added that the language in subsection (f) on page 4
applies to this bill. It reads as follows:
(f) A federal statute, regulation, rule, or order
adopted, enacted, or otherwise effective on or after
the effective date of this Act is unenforceable in
this state by an official, agent, or employee of this
state, a municipality, or the federal government if
the federal statute, regulation, rule, or order
attempts to
(1) ban or restrict ownership of a semiautomatic
firearm or a magazine of a firearm; or
(2) require a firearm, magazine, or other firearm
accessory to be registered.
CHAIR COGHILL observed that that goes to Senator Wielechowski's
question about paragraph (A) on page 3.
SENATOR DYSON commented that he recalls times when state public
safety officers refused to cooperate with what federal agencies
were doing in the state, so this wasn't breaking new ground.
MR. WRIGHT said he found four or five instances of sheriffs in
other states who said they wouldn't enforce a certain federal
provision.
CHAIR COGHILL asked if this discussion was similar to the
Arizona immigration policy that the U.S. Supreme Court
overturned.
MR. WRIGHT said he didn't believe so because the bill was
specific to the Second Amendment. He said it's a constitutional
question involving states' rights, but it's also legitimate to
ask when the federal government will start enforcing laws it
imposed, like for marijuana.
CHAIR COGHILL commented that the state surrenders Tenth
Amendment rights by taking funds from the federal government
under conditions, but HB 69 speaks to fundamental rights
outlined in the constitution. He opined that the state has good
standing. After all, the states formed the nation, not the other
way around.
MR. WRIGHT noted that the findings in Section 1 of HB 69
specifically allude to art. I, sec. 19, of the Constitution of
the State of Alaska, the Tenth Amendment of the Constitution of
the United States, and the Ninth Amendment of the Constitution
of the United States. The courts will decide whether it is
defensible or not.
CHAIR COGHILL added that version R says this is the policy and
the state will use its assets to thwart federal action to the
contrary. He asked, because of the constitutional question, if
there was original jurisdiction.
MR. WRIGHT replied he didn't have an answer.
2:53:50 PM
CHAIR COGHILL asked if deleting the felony language would
potentially erode support for the bill.
MR. WRIGHT said he didn't believe so, although many supporters
subscribed to a class C felony. He noted that the bill was
modeled on Wyoming law that has class A misdemeanor language. He
opined that the SCS was a little more enforceable than the House
version that tries to have a trooper arrest a federal agent or
employee [for trying to enforce a federal law].
2:55:32 PM
SENATOR DYSON removed his objection and version R was before the
committee.
2:56:27 PM
CHAIR COGHILL announced he would hold HB 69 in committee.
2:56:39 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:56 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 1 - SJR 9 Sponsor Statement.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 2 - SJR 9 Quick Reference.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 3 - Leg Legal March 8 Memo.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 4 - Leg Legal March 4 Memo.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 5 - Amendments to the Constitution.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 6 - Alaska Performance Scholarship Data.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 7 - AlaskaAdvantage Education Grant.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 8 - Select Grants to Ed Programs Facilities Training.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 9 - Supplemental Education Service Providers.pdf |
SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 10 - Mat-Su SES and Home School Vendors.pdf |
SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 11 - Komer 2013 House testimony.pdf |
SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 16 - Blaine Amendment.pdf |
SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 17 - Fiscal Note.pdf |
SJUD 3/15/2013 1:30:00 PM |
SJR 9 |
| SJR 9 Power point Presentation.pdf |
SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| Gun-Violence-Reduction-Executive-Actions.pdf |
SJUD 3/15/2013 1:30:00 PM |
HB 69 |
| HB 69 Leg Legal #1.pdf |
SJUD 3/15/2013 1:30:00 PM |
HB 69 |
| HB 69 Leg Legal #2.pdf |
SJUD 3/15/2013 1:30:00 PM |
HB 69 |
| HB069CS(JUD)-DOC-OC-02-14-13.pdf |
SJUD 3/15/2013 1:30:00 PM |
HB 69 |
| HB069-DPS-DET-02-05-13.pdf |
SJUD 3/15/2013 1:30:00 PM |
HB 69 |
| HB069-LAW-CRIM-02-01-13.pdf |
SJUD 3/15/2013 1:30:00 PM |
HB 69 |