Legislature(1993 - 1994)
04/27/1994 09:10 AM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
April 27, 1994
9:10 a.m.
MEMBERS PRESENT
Senator Loren Leman, Chair
Senator Mike Miller, Vice Chair
Senator Robin Taylor
MEMBERS ABSENT
Senator Jim Duncan
Senator Johnny Ellis
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 47(FIN)
"An Act relating to primary elections and to the delivery of the
primary ballots to persons making application for them when, by
operation of political party rule, two or more primary ballots must
be provided to the public; preventing a voter from changing the
voter's party affiliation within 30 days of a primary election when
two or more primary ballots must be provided to the public; and
annulling a related regulation; and providing for an effective
date."
HOUSE CONCURRENT RESOLUTION NO. 34
Declaring June 5 - 11, 1994, as Alaska Garden Week.
CS FOR HOUSE BILL NO. 351(FIN) am(efd add)
"An Act relating to permits for the carrying of a concealed
handgun; providing for local option elections in municipalities and
established villages to prohibit the possession of a concealed
handgun under a permit; and relating to the possession of weapons;
and providing for an effective date."
CS FOR HOUSE BILL NO. 417(JUD) am
"An Act relating to the possession of weapons within the grounds of
or on the parking lot of preschools, elementary, junior high, and
secondary schools or while participating in a school-sponsored
event; and relating to school lockers and other containers provided
in a public or private school by the school or the school
district."
HOUSE BILL NO. 518
"An Act extending the termination date of the Board of Governors of
the Alaska Bar Association; and providing for an effective date."
PREVIOUS SENATE COMMITTEE ACTION
HB 47 - No previous senate committee action.
HCR 34 - No previous senate committee action.
HB 351 - See State Affairs minutes dated 4/25/94.
HB 417 - No previous senate committee minutes.
HB 518 - No previous senate committee minutes.
WITNESS REGISTER
Lynda Giguere, Aide
Representative Hudson
State Capitol, Juneau, AK 99801-1182¶465-6827
POSITION STATEMENT: prime sponsor of HCR 34
Portia Babcock, Aide
Senate State Affairs Committee
State Capitol, Juneau, AK 99801-1182¶465-2095
POSITION STATEMENT: testified on HB 351
C.E. Swackhammer, Deputy Commissioner
Department of Public Safety
P.O. Box 111200, Juneau, AK 99811-1200
POSITION STATEMENT: testified on HB 351
Representative Jeannette James
State Capitol, Juneau, AK 99801-1182¶465-3743
POSITION STATEMENT: prime sponsor of HB 351
Representative Con Bunde
State Capitol, Juneau, AK 99801-1182¶465-3759
POSITION STATEMENT: prime sponsor of HB 417
Vernon Marshall
NEA-Alaska, Inc.
114 2nd St., Juneau, AK 99801¶586-3090
POSITION STATEMENT: in favor of HB 417
Phillip R. Volland, President
Alaska Bar Association
211 H. St., Anchorage, AK 99501¶276-5231
POSITION STATEMENT: testified on HB 518
ACTION NARRATIVE
TAPE 94-32, SIDE A
Number 001
CHAIRMAN LEMAN calls the Senate State Affairs Committee to order at
9:10 a.m.
Number 007
CHAIRMAN LEMAN brings up HB 47 (ABSENTEE BALLOTS - PRIMARY
ELECTIONS) as the first order of business before the Senate State
Affairs Committee. The chairman asks the pleasure of the
committee.
Number 011
SENATOR MILLER makes a motion to discharge HB 47 from the Senate
State Affairs Committee with individual recommendations.
Number 017
CHAIRMAN LEMAN, hearing no objection, orders HB 47 released from
committee with individual recommendations.
Number 018
CHAIRMAN LEMAN brings up HCR 34 (ALASKA GARDEN WEEK) as the next
order of business before the Senate State Affairs Committee and
calls Ms. Giguere.
Number 024
LYNDA GIGUERE, Aide to Representative Hudson, states HCR 34 is
introduced by Representative Hudson every year on behalf of the
Juneau Garden Club. The resolution is to recognize the importance
of gardening, especially here in Juneau.
Number 032
CHAIRMAN LEMAN asks if there is any objection to the discharge of
HCR 34.
SENATOR TAYLOR asks how long Representative Hudson has been in the
legislature.
(There is general consensus that Representative Hudson has been in
the legislature for about eight years.)
SENATOR TAYLOR states the only reason he asks, is that a resolution
costs the state about 17,000$. Senator Taylor says the same thing
can be accomplished with a citation.
(Senator Taylor's figure of 17,000$ for the cost of a resolution is
questioned by the chairman.)
MS. GIGUERE responds that Representative Hudson attempted to
establish Alaska Garden Week as an annual event, but it didn't get
done. Ms. Giguere tells Senator Taylor she will pass on his
comments to Representative Hudson.
CHAIRMAN LEMAN asks if there is any further discussion on HCR 34.
Number 055
SENATOR MILLER makes a motion to discharge HCR 34 from the Senate
State Affairs Committee with individual recommendations.
Number 056
CHAIRMAN LEMAN, hearing no objection, orders HCR 34 released from
committee with individual recommendations.
Number 058
CHAIRMAN LEMAN brings up HB 351 (PERMIT TO CARRY CONCEALED WEAPONS)
as the next order of business before the Senate State Affairs
Committee. The chairman notes that at the last meeting, a
committee substitute and three amendments to HB 351 were adopted.
There is now a new cs, which addresses two other changes. The
chairman asks Ms. Babcock to explain the changes that were made to
the bill.
Number 070
SENATOR MILLER makes a motion to adopt the new committee substitute
for HB 351.
Number 074
CHAIRMAN LEMAN, hearing no objection, states the new cs for HB 351
has been adopted.
Number 077
PORTIA BABCOCK, Aide to the Senate State Affairs Committee, states
that there were six changes incorporated into the new cs. Ms.
Babcock reviews those changes.
Number 130
CHAIRMAN LEMAN asks if anyone in the public wishes to testify. The
chairman calls Mr. Swackhammer to testify.
Number 132
C.E. SWACKHAMMER, Deputy Commissioner, Department of Public Safety
(DPS), states the most significant change made to HB 351 is the
October 1st enactment date. The problems the department foresees
are, one, the Department of Law has to review regulations, and that
will take time. Secondly, Mr. Swackhammer sees no way that the
department will be able to fill the two commission positions by
October 1st.
Number 157
CHAIRMAN LEMAN responds that the enactment date was changed to
October 1st, because of comments from members of the public. Those
comments indicated that people didn't mind not being able to carry
a concealed weapon until January 1, 1995, but they wanted to be
able to submit applications before January 1, so that permits could
be issued by January 1, 1995. The chairman asks Mr. Swackhammer if if
there is any way to make that idea work.
Number 165
MR. SWACKHAMMER replies that DPS will implement the provisions of
HB 351 as quickly as possible and to the best of their ability.
Mr. Swackhammer does not anticipate a great number of regulations;
it is simply the regulation process itself which takes time. Mr.
Swackhammer lists some of the things that will have to be done to
implement HB 351.
CHAIRMAN LEMAN states DPS will have four complete months, from the
time the legislature acts, to implement HB 351.
Number 199
SENATOR TAYLOR asks what will occur in the instance when a
municipality opts out, since the permit is actually a state-wide
permit.
MR. SWACKHAMMER says he will defer to Representative James on that
question.
Number 210
REPRESENTATIVE JEANNETTE JAMES, prime sponsor of HB 351, states she
does not know the answer to that question. She wonders whether
opting out would only mean that the people who lived in that
district would not be allowed to apply for a concealed weapon
permit, or if it would not allow any person with a permit to carry
in that area. Representative James says the bill is not very
specific regarding local opt out, and thinks the legislature would
have to get a legal interpretation on that provision.
Number 220
SENATOR TAYLOR states he asks because on page 10 and 11 of HB 351,
it states a person with a concealed weapon permit may not carry a
concealed weapon in a village or municipality that has prohibited
possession.
Number 222
REPRESENTATIVE JAMES responds that was the intent of the
legislation.
Number 230
SENATOR TAYLOR asks where the committee is in coordinating drivers
licenses and concealed carrying permits.
Number 235
MR. SWACKHAMMER replies the renewal theme appears first on page 7,
line 28.
CHAIRMAN LEMAN asks Senator Taylor what, specifically, was his
question. An upper limit for the initial fee and the renewal fee
was added to HB 351.
SENATOR TAYLOR responds he was looking for initial time and
renewal.
Number 250
SENATOR TAYLOR makes a motion to amend the renewal period to five
years. He asks for that amendment so that concealed carrying
permits can be coordinated with driver's licenses.
Number 262
CHAIRMAN LEMAN restates Senator Taylor's motion: on page 3, line
22, delete four, insert five. The chairman asks if there are any
comments on the amendment.
Number 268
REPRESENTATIVE JAMES states she would support a five-year permit,
but coordinating driver's license renewals and concealed carry
permit renewals would be a very hard thing to do.
Number 278
CHAIRMAN LEMAN states he understood Senator Taylor's amendment as
simply allowing for coordination sometime in the future.
Number 283
MR. SWACKHAMMER states Senator Taylor's amendment would change the
fiscal impact of HB 351 slightly. More importantly, though, the
way the bill is written, a holder of a permit would only have to go
through competency training once every ten years.
SENATOR TAYLOR replies he intends to ask for an amendment changing
competency training to once every five years also.
Number 304
MR. SWACKHAMMER states he would support the retraining or refresher
course.
Number 309
CHAIRMAN LEMAN asks if there is any discussion or objection to
Senator Taylor's amendment requiring renewal of concealed carry
permits from once every four years, to once every five years.
Hearing no objection, the chairman states amendment #4 has been
adopted.
Number 313
SENATOR TAYLOR makes a motion to amend on page 6, line 28,
eliminate the words, "second time and every other...". Senator
Taylor comments that won't work.
SENATOR MILLER advises Senator Taylor to just drop the words, "for
the second time and every other renewal thereafter...".
SENATOR TAYLOR says that language will work.
Number 325
CHAIRMAN LEMAN restates amendment #5, by Senator Taylor, dropping
the language, "for the second time and every other renewal
thereafter...".
CHAIRMAN LEMAN asks if there is any discussion or objection to the
amendment. Hearing none, the chairman states he will object to the
amendment.
SENATOR TAYLOR asks the chairman to discuss the amendment. Senator
Taylor asks the chairman if he wants the training to go to once
every ten years, which would be the effect of the amendment
failing.
CHAIRMAN LEMAN replies he would like the training requirement to be
once every ten years.
SENATOR MILLER asks for an at ease.
Number 333
CHAIRMAN LEMAN states the committee will stand at ease.
Number 335
CHAIRMAN LEMAN calls the Senate State Affairs Committee back to
order. The chairman states amendment #5 is before the committee.
The chairman asks that the role be called on the adoption of
amendment #5.
Amendment #5 is approved by a vote of 2 yeas, 1 nay, and 2 absent,
with Senators Miller and Taylor voting in favor of the amendment,
Chairman Leman voting against the amendment, and Senators Duncan
and Ellis absent.
Number 340
SENATOR TAYLOR makes a motion to adopt amendment #6. On page 5,
line 5, add language stating, "been ordered by a court to
complete...". Senator Taylor's intent is that people voluntarily
submitting to alcohol treatment not be penalized.
CHAIRMAN LEMAN asks if there is any comment regarding amendment #6.
Number 358
MR. SWACKHAMMER comments he understands Senator Taylor's intent.
Number 360
CHAIRMAN LEMAN asks if that same conceptual amendment would apply
to paragraph (15).
SENATOR TAYLOR responds he is not willing to go along with that
one. If a person is using illegal substances, they've got other
major problems that they wouldn't get a permit for anyhow.
Number 365
MR. SWACKHAMMER asks how "ordered" would be defined. Would that be
by a court order?
SENATOR TAYLOR states "ordered" would be defined as court ordered.
Number 373
CHAIRMAN LEMAN asks if anyone wishes to comment on amendment #6.
Number 378
SENATOR TAYLOR makes a motion to adopt amendment #6.
CHAIRMAN LEMAN asks if there is discussion or objection to
amendment #6. Hearing none, the chairman states amendment #6 has
been adopted.
Number 382
SENATOR TAYLOR makes a motion to discharge HB 351 from the Senate
State Affairs Committee with individual recommendations.
Number 384
CHAIRMAN LEMAN, hearing no objection, orders HB 351 released from
committee with individual recommendations.
Number 387
CHAIRMAN LEMAN brings up HB 417 (POSSESSION OF FIREARMS IN SCHOOL
LOCKERS) as the next order of business before the Senate State
Affairs Committee. The chairman announces there is a committee
substitute.
Number 390
SENATOR MILLER makes a motion to adopt SCS CSHB 417(STA) in lieu of
CSHB 417(JUD) am.
CHAIRMAN LEMAN, hearing no objection, states the committee
substitute has been adopted. The chairman calls the prime sponsor
to testify.
Number 394
REPRESENTATIVE CON BUNDE, prime sponsor of HB 417, states HB 417
will change the penalty for having a firearm on school grounds from
a class b to a class a misdemeanor. A school administrator could
exempt persons for purposes such as participating on a rifle team.
HB 417 would also allow for the searching of school lockers, with
prior notification.
REPRESENTATIVE BUNDE states that the amendment the chairman
referred to deleted a provision allowing a person to traverse
school grounds with an encased, unloaded weapon if that person was
on their way to go hunting. This is not allowed under federal law.
Hunters can be accommodated by simply getting permission from the
school administrator, or a representative of the administrator.
There was some concern that in rural areas that people coming to
and from hunting might pass by the school. If the hunter is
traversing a right of way, this law does not apply. If, for
whatever reason, school children need to carry guns while
travelling to and from school for protection from wildlife, they
can do so if they get permission from the school administrator.
Number 425
CHAIRMAN LEMAN asks if there are any questions.
SENATOR TAYLOR asks Representative Bunde if his committee (House
Health, Education & Social Services Committee) is currently holding
hearings on senate bills.
REPRESENTATIVE BUNDE responds that his committee is shut down and
is not having any hearings.
SENATOR TAYLOR asks Representative Bunde if there are any senate
bills in his committee at this time.
REPRESENTATIVE BUNDE replies he has one senate bill by Senator
Zharoff, which is in the process of being waived from committee.
SENATOR TAYLOR comments he discovered yesterday that all house
committees are shut down and not moving any legislation, with the
exception of the House Finance Committee.
Number 435
CHAIRMAN LEMAN asks if there are further questions for
Representative Bunde. Hearing none, the chairman calls Mr.
Marshall to testify.
VERNON MARSHALL, NEA-Alaska, states NEA-Alaska supports HB 417. He
has no further testimony.
Number 440
CHAIRMAN LEMAN asks if anyone else wishes to testify on HB 417.
Hearing none, the chairman asks the pleasure of the committee.
Number 441
SENATOR TAYLOR makes a motion to discharge HB 417 from the Senate
State Affairs Committee with individual recommendations.
Number 442
CHAIRMAN LEMAN, hearing no objection, orders HB 417 released from
committee with individual recommendations.
Number 445
CHAIRMAN LEMAN brings up HB 518 (EXTEND ALASKA BAR ASSOCIATION),
and asks if there is anyone from the sponsor's office (House
Judiciary Committee) who wishes to testify on HB 518. Hearing
none, the chairman calls Mr. Volland to testify.
Number 450
PHILLIP VOLLAND, President, Alaska Bar Association, states HB 518
incorporates the recommendation of the Legislative Budget & Audit
Committee that the Alaska Bar Association continue its function as
regulator of attorney practice in Alaska. Mr. Volland states the
association supports the bill and urges its' passage. Mr. Volland
relates information he thinks is helpful in understanding the
importance of both what the Alaska Bar Association does and moving
HB 518 from the Senate State Affairs Committee.
Number 502
CHAIRMAN LEMAN asks Mr. Volland if five years is the normal cycle
for the Alaska Bar Association.
Number 503
MR. VOLLAND responds it is a four year cycle, plus one year for
winding down operations.
Number 506
SENATOR TAYLOR thanks Mr. Volland for his excellent presentation.
Senator Taylor expresses concern that it will appear that the
legislature, by having to pass legislation allowing the Alaska Bar
Association to continue to operate, has some say in the Alaska Bar
Association and the governance of attorneys. The legislature
really has nothing to say about the Alaska Bar Association; the
association derives its' authority from the court system, not the
legislature. Having the legislature vote on legislation to
continue the operation of the Alaska Bar Association stems from a
time when public funds were used for the operation of the
association. Senator Taylor thinks that since public funds are no
longer used to operate the association, the Alaska Bar Association
should not have to come to the legislature for authority in
operating.
Number 525
MR. VOLLAND responds it has always been a debate among the
profession as to whether the legislature must authorize the
operation of the Alaska Bar Association. However, Mr. Volland
personally believes it is good for the association to have to
answer to the public in some way. Mr. Volland does think it odd
that the association has to answer to the legislature, since the
association operates pretty well on its' own.
Number 532
CHAIRMAN LEMAN thinks it is good for the legislature and the
organizations to have to communicate with each other. The chairman
asks Mr. Volland what role the Alaska Bar Association plays in the
State Judicial polls.
MR. VOLLAND replies the association does not play a roll in the
statewide judicial polls.
Number 548
CHAIRMAN LEMAN asks Mr. Volland if he is aware of any efforts to
blackball some people who apply to judgeships.
Number 550
MR. VOLLAND responds he is not. Mr. Volland states the poll itself
is sufficiently detailed in identifying the respondents background
and experience with a particular judge, that the Judicial Council
is able to sort out those things in its' evaluation of judges.
Most attorneys believe that judges shouldn't be evaluated on single
issues or single cases; what attorneys want is a fair chance before
a judge and nothing else.
Number 565
CHAIRMAN LEMAN asks Mr. Volland if he can suggest any ways that the
legislature can help the Alaska Bar Association do its' job.
MR. VOLLAND replies he cannot think of any.
Number 568
SENATOR TAYLOR makes additional comments regarding the relationship
of the legislature, the Alaska Bar Association, and the Court
System.
Number 579
SENATOR TAYLOR continues his comments regarding the relationship
between the legislature, the Alaska Bar Association, and the Court
System.
TAPE 94-32, SIDE B
Number 576
SENATOR TAYLOR makes a motion to discharge HB 518 from the Senate
State Affairs Committee with individual recommendations.
Number 572
CHAIRMAN LEMAN asks if there is anyone else to testify on HB 518.
Hearing none, the chairman orders HB 518 released from committee
with individual recommendations.
Number 568
CHAIRMAN LEMAN adjourns the Senate State Affairs Committee meeting
at 10:05 a.m.
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