Legislature(2005 - 2006)BUTROVICH 205
03/06/2006 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB274 | |
| SB297 | |
| HB167 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | SB 274 | ||
| = | SB 297 | ||
| = | HB 167 | ||
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 6, 2006
8:55 a.m.
MEMBERS PRESENT
Senator Gene Therriault, Chair
Senator Thomas Wagoner, Vice Chair
Senator Charlie Huggins
Senator Bettye Davis
Senator Kim Elton
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 297
"An Act relating to contributions from permanent fund dividends
to certain educational organizations and to certain charitable
organizations that provide a positive youth development program,
workforce development, aid to the arts, or aid and services to
the elderly, low-income individuals, individuals in emergency
situations, disabled individuals, or individuals with mental
illness; and providing for an effective date."
MOVED CSSB 297(STA) OUT OF COMMITTEE
SENATE BILL NO. 274
"An Act relating to the disposition of surplus firearms by the
state."
HEARD AND HELD
CS FOR HOUSE BILL NO. 167(STA) am
"An Act relating to providing a death certificate for a deceased
veteran without cost; and relating to a program to honor the
memory of a deceased veteran."
MOVED SCS CSHB 167(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 297
SHORT TITLE: CONTRIBUTIONS FROM PERM. FUND DIVIDENDS
SPONSOR(s): STATE AFFAIRS
02/14/06 (S) READ THE FIRST TIME - REFERRALS
02/14/06 (S) STA, FIN
02/16/06 (S) STA AT 3:30 PM BUTROVICH 205
02/16/06 (S) Heard & Held
02/16/06 (S) MINUTE(STA)
03/06/06 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SB 274
SHORT TITLE: STATE FIREARM DISPOSAL AND INVENTORY
SPONSOR(s): SENATOR(s) DYSON
02/09/06 (S) READ THE FIRST TIME - REFERRALS
02/09/06 (S) STA, FIN
02/14/06 (S) STA AT 3:30 PM BUTROVICH 205
02/14/06 (S) <Bill Hearing Rescheduled to 2/23/06>
02/23/06 (S) STA AT 3:30 PM BELTZ 211
02/23/06 (S) Heard & Held
02/23/06 (S) MINUTE(STA)
03/06/06 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HB 167
SHORT TITLE: DECEASED VETERAN DEATH CERTIFICATE/HONOR
SPONSOR(s): MILITARY & VETERANS' AFFAIRS
02/22/05 (H) READ THE FIRST TIME - REFERRALS
02/22/05 (H) MLV, STA
03/17/05 (H) MLV AT 1:00 PM CAPITOL 124
03/17/05 (H) Moved CSHB 167(MLV) Out of Committee
03/17/05 (H) MINUTE(MLV)
03/18/05 (H) MLV RPT CS(MLV) 5DP
03/18/05 (H) DP: THOMAS, GRUENBERG, CISSNA, ELKINS,
LYNN
03/21/05 (H) FIN REFERRAL ADDED AFTER STA
04/12/05 (H) STA AT 8:00 AM CAPITOL 106
04/12/05 (H) Scheduled But Not Heard
04/14/05 (H) STA AT 8:00 AM CAPITOL 106
04/14/05 (H) Moved CSHB 167(STA) Out of Committee
04/14/05 (H) MINUTE(STA)
04/15/05 (H) STA RPT CS(STA) NT 6DP
04/15/05 (H) DP: GARDNER, LYNN, GRUENBERG, RAMRAS,
ELKINS, SEATON
04/25/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/25/05 (H) Moved CSHB 167(STA) Out of Committee
04/25/05 (H) MINUTE(FIN)
04/26/05 (H) FIN RPT CS(STA) NT 6DP 3NR
04/26/05 (H) DP: HAWKER, MOSES, WEYHRAUCH, FOSTER,
MEYER, CHENAULT;
04/26/05 (H) NR: HOLM, JOULE, KELLY
04/29/05 (H) TRANSMITTED TO (S)
04/29/05 (H) VERSION: CSHB 167(STA) AM
05/01/05 (S) READ THE FIRST TIME - REFERRALS
05/01/05 (S) STA, FIN
02/28/06 (S) STA AT 3:30 PM BELTZ 211
02/28/06 (S) Heard & Held
02/28/06 (S) MINUTE(STA)
03/06/06 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
Senator Fred Dyson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 274
Dan Spencer, Director
Administrative Services
Department of Public Safety
PO Box 111200
Juneau, AK 99811-1200
POSITION STATEMENT: Testified on SB 274
Heather Brakes, Staff
Senator Gene Therriault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Explained proposed changes to SB 297
Sharon Barton, Director
Permanent Fund Dividend Division
Department of Revenue
PO Box 110400
Juneau, AK 99811-0400
POSITION STATEMENT: Answered questions related to SB 297
Heather Brakes, Staff
Senator Therriault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Explained proposed changes to HB 167
Representative Bob Lynn
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Supported proposed changes made to HB 167
ACTION NARRATIVE
CHAIR GENE THERRIAULT called the Senate State Affairs Standing
Committee meeting to order at 9:11:10 AM. Present were Senators
Thomas Wagoner, Charlie Huggins, Bettye Davis, Kim Elton and
Chair Gene Therriault. [The March 2, 2006 meeting was recessed
to March 6, 2006.]
SB 274-STATE FIREARM DISPOSAL AND INVENTORY
SENATOR GENE THERRIAULT announced SB 274 to be up for
consideration. He asked for a motion to adopt the Version I
committee substitute (CS).
SENATOR THOMAS WAGONER moved Version I as the working document
and there was no objection.
SENATOR FRED DYSON, Sponsor of SB 274, explained that he would
like to make sure that the Department of Public Safety (DPS)
continues to get the highest value possible for surplus firearms
while expanding the pool of potential buyers to include all
Alaskans who are legally qualified to purchase firearms. Under
the current system DPS surplus firearms are sold at auctions
that are open only to federally licensed firearm dealers.
With regard to the issue of liability, he reported that research
and legal opinions indicate that DPS would incur no more
liability in selling a used firearm than any other piece of used
equipment. His intention is for DPS to realize that it doesn't
have to continue jumping through hoops to keep from exposing the
state to increased liability.
9:14:53 AM
DAN SPENCER, Director of Administrative Services for the
Department of Public Safety, stated that DPS is reluctant to
give up the ability to trade in surplus weapons to acquire new
ones. He related that on a number of occasions the department
has reached agreement with firearms manufacturers to completely
change over all trooper service weapons. In an exchange in 2002
DPS got about 436 Glock 40-caliber firearms with holsters, extra
magazines and magazine pouches at no cost to the state. That
came about because all duty weapons and all confiscated and
unclaimed firearms were traded in at a value of about $227,000.
If the department had been compelled to forfeit that opportunity
a capital appropriation would have been necessary. He stated
that the department is happy to work with Senator Dyson to
ensure that it doesn't lose the ability to trade in service
firearms.
MR. SPENCER brought up the issue of disposing of other firearms
in the department's possession. Currently DPS has about 500 but
disposal of those will involve the Department of Administration
(DOA) because that department is statutorily charged with
disposal of surplus state property. What DPS has done with
previous trade ins is to get written approval to waive the
normal sale process from the chief procurement officer for DOA.
The liability issue is a concern for DPS and DOA, but Senator
Dyson has indicated that isn't a problem.
Noting that Version I speaks to donating firearms to a museum or
dismantling firearms to sell as legal parts, he said DPS would
be inclined to have DOA work with a gunsmith to accomplish that
work. DPS isn't in the business of parting out unfamiliar
weapons and the decision about whether a particular firearm part
is safe or unsafe is beyond its expertise.
A final concern relates to ammunition disposal. What happens now
is that it's given to the academy so disposal decisions are made
there. He reasoned that because it's difficult to tell whether
casings are safe or not, it would make sense to have further
discussions about the ammunition issue.
9:20:33 AM
SENATOR DYSON asked what sorts of illegal weapons show up in DPS
inventory because he's only aware of cannons and those with
defaced serial numbers.
MR. SPENCER replied a common modification is from semi automatic
to fully automatic. Another is a commando style modification,
which includes a folding stock to make the firearm more
concealable.
SENATOR DYSON pointed out that both are fully legal for
qualified citizens to own.
MR. SPENCER responded even if the bill were amended so that DPS
could trade in service weapons, there would still be the issue
of cost because department service weapons are well maintained
and have good value.
SENATOR DYSON said he hadn't thought about the fact that DOA
would probably end up doing the disposal. That would entail some
work and more than likely the cost of hiring a gunsmith. He
asked about whether there should be a signed disclaimer to make
it clear that the state assumes no responsibility.
He mentioned he had an amendment to institute rigorous inventory
and reporting requirements. Although he has full confidence in
the current commissioner's integrity he said he worries about a
future administration that might decide to destroy legal and
valuable weapons as a matter of public policy.
MR. SPENCER said he couldn't comment on what a future
administration might do but DPS would prefer not to publish an
inventory of its weapons until there is a sale.
9:26:13 AM
SENATOR KIM ELTON asked Mr. Spencer to comment on the
advisability of further defining museum.
MR. SPENCER conceded it's a valid point and that DOA should
weigh in on that subject. Certainly the department wouldn't be
interested in donating machine guns to a roadside museum so
further discussion is warranted.
CHAIR THERRIAULT asked if the department would get more value
from the trade in process than from a direct sale.
MR. SPENCER replied that's a tough question because it entails
assigning a value to the seized or recovered weapons inventory.
Generally, the department gets very good value from the
manufacturers when trading in service weapons, but he couldn't
speculate what they would get for the other firearms if they
went to auction.
He mentioned the Department of Administration fiscal note that
includes the cost of a gunsmith but didn't include trading in
surplus weapons.
SENATOR DYSON asked if the DPS budget has a line item for the
value gained from the sale of the surplus property.
MR. SPENCER said no.
SENATOR DYSON suggested that might be part of the solution.
SENATOR HUGGINS asked how many sidearm weapons the department
has.
MR. SPENCER replied about 500 service weapons of one type or
another.
SENATOR HUGGINS opined that the good will factor of recycling
service weapons to the public is beyond the dollar value that
might be attached to any particular weapon.
MR. SPENCER responded the department doesn't regularly dispose
of firearms because it isn't in the business of selling guns.
Having the ability to leverage trades has worked well and that's
what has been done. The question of whether the department
should sell guns at public auctions is the Legislature's
purview. Certainly, he said, the department understands the
issue of good will.
SENATOR HUGGINS mentioned that headlines were made during a
previous administration when firearms were cut up. That has
caused some people to be skeptical about what happens to
department service weapons when they are no longer used in the
line of duty, because the only thing they know is that they are
never seen again.
CHAIR THERRIAULT asked Senator Huggins if he thinks the good
will component would mandate that firearms be sold to the public
even though the department would get less than it could have
gotten if it made a trade-in deal with a manufacturer.
SENATOR HUGGINS replied that's exactly what he was saying. It
could be a good investment and he would assume that the
disparity wouldn't be that great.
9:39:27 AM
SENATOR ELTON referenced page 1 line 9 and suggested deleting
the word "department" because it isn't clear whether the
reference is to DPS or to DOA. The firearms belong to DPS, but
DOA actually disposes of the firearms as surplus property.
CHAIR THERRIAULT announced he would hold SB 274 in committee.
SB 297-CONTRIBUTIONS FROM PERM. FUND DIVIDENDS
CHAIR GENE THERRIAULT announced SB 297 to be up for
consideration. He asked for a motion to adopt Version L.
SENATOR WAGONER moved Version L as the working document and
there was no objection.
9:41:57 AM
HEATHER BRAKES, Staff to Senator Therriault, outlined the
following changes:
· Page 2, line 1 - contribution amounts begin at $50 rather
than $10. She mentioned there was some interest in amending
the minimum contribution to $25.
· Page 2, line 5 - allows the applicant to prioritize
contributions to particular organizations.
· Page 2, lines 17 and 24 - provides the date by which the
organization must contact the department to be included on
the list for the following January. She noted that the
September 1 date might be too far out and amending to
August has been suggested.
· Page 3, line 14 - adds the requirement for a financial
audit with an unqualified opinion from an independent CPA
if the organization's annual budget exceeds $250,000.
· Page 3, lines 21-27 - provides that a public agency filing
for a dividend on behalf of a child in custody may not
elect to contribute the dividend away. Subsection (g) adds
an annual reporting requirement so the legislature has an
idea how much is elected for contribution and to which
organizations.
9:46:39 AM
CHAIR THERRIAULT moved Amendment 1. On page 2, lines 17 and 24
change September 1 to August 1.
SHARON BARTON, Director of the Permanent Fund Dividend Division
in the Department of Revenue, said when she testified that the
August 1 time might be too short, she hadn't heard from the
United Way, the agency that would be handling the program
through the Rasmuson Foundation. She has since received the
fiscal note and it assumes a 10-month lead-time for processing
the applications through to a list. She noted that at a higher
cost the timeline could be shortened. Acknowledging that she
didn't have the particulars she said it's clear that it will
take more time than originally envisioned.
CHAIR THERRIAULT questioned whether she was referring to the
United Way organization.
MS. BARTON clarified she spoke with Michelle Brown who Rasmuson
had asked to calculate the costs for soliciting organizations,
processing the applications, putting the list together, and
distributing the money to the organizations. She hadn't spoken
to Dianne Kaplan with the Rasmussen Foundation.
CHAIR THERRIAULT asked if changing the date to August would
allow enough lead-time.
MS. BARTON responded it wouldn't help very much.
CHAIR THERRIAULT withdrew Amendment 1.
9:50:56 AM
CHAIR THERRIAULT referenced a question from the previous hearing
and clarified that school districts are not classified as
501(c)(3), they're 501(c)(4)s and 501(c)(6)s so money that would
potentially accrue to a school district would not impact the
local contribution requirement.
MS. BRAKES agreed.
SENATOR THERRIAULT summarized and commented on the changes: the
audit having no qualification makes sense; requiring a list and
what money the organization has been able to generate is
information the Legislature will want; not allowing someone in
state personnel to check a box and make a contribution on a
minor's application makes sense; there is the issue of adding
back a $25 contribution; the Rasmuson Foundation is interested
in having a paper application but he would like to avoid that
expense at this point.
SENATOR THERRIAULT found there were no further questions or
comments and asked for a motion.
9:53:24 AM
SENATOR WAGONER motioned to report CSSB 297(STA) and attached
fiscal notes from committee with individual recommendations.
SENATOR DAVIS questioned moving the bill on to the Finance
Committee before receiving the information that had been
discussed.
CHAIR THERRIAULT said he wouldn't ask for a Finance hearing
until he had received input from United Way regarding how much
lead-time they would need.
SENATOR DAVIS did not object.
CHAIR THERRIAULT announced that without objection, CSSB 297(STA)
would move from committee.
CSHB 167(STA) AM -DECEASED VETERAN DEATH CERTIFICATE/HONOR
9:54:47 AM
CHAIR GENE THERRIAULT announced HB 167 to be up for
consideration. Without objection he moved Version L as the
working document.
HEATHER BRAKES, Staff to Senator Therriault, detailed the
changes in Version L.
· Page 2, line 22-26 - clarifies that eligible recipients may
receive one certified copy of a veteran's death certificate
for the purpose of receiving a benefit related to the death
of the veteran.
· Page 3, lines 14-21 - relates to the meaning of "veteran."
The language is re-crafted to be as broad as possible to
include individuals on active duty or those with honorable
or general discharges from the U.S. armed services. It also
includes the Alaska Scouts and the Alaska Territorial Guard
and reconciles the difference between the two.
9:59:55 AM
SENATOR HUGGINS interjected to advise that there are two
components to the Alaska National Guard. He moved Amendment 1
page 3, line 17 to insert Alaska Air National Guard.
CHAIR THERRIAULT announced that Amendment 1 was adopted without
objection.
SENATOR KIM ELTON asked if there had been discussion about
including the U.S. Coast Guard.
CHAIR THERRIAULT asked if he would like to move that amendment.
SENATOR ELTON moved conceptual Amendment 2 to add U.S. Coast
Guard and any reserve unit that may be involved.
CHAIR THERRIAULT announced that without objection conceptual
Amendment 2 was adopted.
MS. BRAKES asked the committee to consider an immediate
effective date.
CHAIR THERRIAULT moved Amendment 3 to add an immediate effective
date and acknowledged it may trigger a title change resolution.
There was no objection.
10:04:39 AM
REPRESENTATIVE BOB LYNN, Chair of the House Special Committee on
Military and Veterans Affairs, expressed support for the changes
that had been made.
SENATOR HUGGINS pointed out that the fiscal note is based on
issuing five death certificates and that sometimes only one is
needed.
CHAIR THERRIAULT clarified that the language was modified so
that the number isn't limited to five. It says that an eligible
individual may receive a copy of the death certificate for the
purpose of applying for a benefit. It's likely that the fiscal
note would be recast as indeterminate.
SENATOR WAGONER motioned to report SCS CSHB 167(STA) and
attached fiscal notes from committee with individual
recommendations. There being no objection, it was so ordered.
There being no further business to come before the committee,
Chair Therriault adjourned the meeting at 10:06:50 AM.
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