Legislature(1993 - 1994)

01/21/1994 09:05 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                 SENATE STATE AFFAIRS COMMITTEE                                
                        January 21, 1994                                       
                           9:05 a.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Loren Leman, Chair                                                   
 Senator Robin Taylor                                                          
 Senator Johnny Ellis                                                          
 Senator Jim Duncan                                                            
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Mike Miller                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 2                          
 Proposing an amendment to the Constitution of the State of Alaska             
 relating to the rights of victims of crimes and to penal                      
 administration.                                                               
                                                                               
 SENATE JOINT RESOLUTION NO. 39                                                
 Proposing an amendment to the Constitution of the State of Alaska             
 to guarantee, in addition to the right of the people to keep and              
 bear arms as approved by the voters at the time of ratification of            
 the state Constitution, that the individual right to keep and bear            
 arms shall not be denied or infringed by the state or a political             
 subdivision of the state.                                                     
                                                                               
 SENATE BILL NO. 33                                                            
 "An Act relating to grants for local emergency planning committees            
 and emergency response organizations; and providing for an                    
 effective date."                                                              
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SJR 2 - No previous senate committee action.                                  
                                                                               
 SJR 39 - No previous senate committee action.                                 
                                                                               
 SB 33 - See Community & Regional Affairs minutes dated                        
     2/23/93 and State Affairs minutes dated 3/3/93,                           
         3/31/93, 11/29/93, 1/19/94.                                           
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Senator Dave Donley                                                           
 State Capitol, Juneau, AK 99801-1182¶465-3892                                 
  POSITION STATEMENT:  prime sponsor of SJR 2                                  
                                                                               
                                                                               
 Margo Knuth                                                                   
 Criminal Division, Department of Law                                          
 P.O. Box 110300, Juneau, AK 99811-0300¶465-4049                               
  POSITION STATEMENT:  testified on SJR 2                                      
                                                                               
 Janice Lienhart                                                               
 Victims for Justice                                                           
 619 E. 5th, Ave., Anchorage, AK ¶278-0977                                     
  POSITION STATEMENT:  in favor of SJR 2                                       
                                                                               
 Charles McKee                                                                 
 1508 W. 3rd Ave., #7, Anchorage, AK 99503¶                                    
  POSITION STATEMENT:  testified on SJR 2 & SJR 39                             
                                                                               
 Annette Kreitzer                                                              
 Staff to Senator Leman                                                        
 State Capitol, Juneau, AK 99801-1182¶465-2095                                 
  POSITION STATEMENT:  prime sponsor of SB 33                                  
                                                                               
 Mike Conway                                                                   
 SPAR Director, Department of Environmental Conservation                       
 410 Willoughby Ave., Juneau, AK 99801-1795¶465-5250                           
  POSITION STATEMENT:  in favor of SB 33                                       
                                                                               
 Duane Udland                                                                  
 Anchorage Police Chief                                                        
 4501 S. Bragaw, Anchorage, AK¶286-8552                                        
  POSITION STATEMENT:  testified on SJR 39                                     
                                                                               
 Portia Babcock                                                                
 Staff, Senate State Affairs Committee                                         
 State Capitol, Juneau, AK 99801-1182¶465-2095                                 
  POSITION STATEMENT:  prime sponsor of SJR 39                                 
                                                                               
 Ray Advik                                                                     
 P.O. Box 369, Gakona, AK 99586¶822-3151                                       
  POSITION STATEMENT:  in favor of SJR 39                                      
                                                                               
 Dan Puritte                                                                   
 Box 142, Gakona, AK 99586¶822-3151                                            
  POSITION STATEMENT:  in favor of SJR 39                                      
                                                                               
 Jim Frey Sr.                                                                  
 SR Box 360, Gakona, AK 99586¶822-3019                                         
  POSITION STATEMENT:  in favor of SJR 39                                      
                                                                               
 Richard Bishop                                                                
 Outdoor Council                                                               
 1555 Gus's Grind, Fairbanks, AK 99709¶455-6151                                
  POSITION STATEMENT:  in favor of SJR 39                                      
                                                                               
                                                                               
 Don Duncan                                                                    
 Licensed Guide Outfitter                                                      
 299 Alvin Street, Fairbanks, AK 99712¶457-8313                                
  POSITION STATEMENT:  in favor of SJR 39                                      
                                                                               
 Mark Chryson                                                                  
 Gun Owners of America                                                         
 2140 Wolverine Circle, Wasilla, AK 99654¶376-8285                             
  POSITION STATEMENT:  in favor of SJR 39                                      
                                                                               
 Joe Murdy                                                                     
 Anchorage Assembly Member                                                     
 1904 W. 46th Ave., Anchorage, AK ¶248-4143                                    
  POSITION STATEMENT:  testified on SJR 39                                     
                                                                               
 Fred Heinz                                                                    
 P.O. Box 125, Gakona, AK 99586¶822-3308                                       
  POSITION STATEMENT:  in favor of SJR 39                                      
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-2, SIDE A                                                             
 Number 001                                                                    
                                                                               
 CHAIRMAN LEMAN calls the Senate State Affairs Committee to order at           
 9:05 a.m.                                                                     
                                                                               
 Number 003                                                                    
 CHAIRMAN LEMAN brings up SJR 2 as the first order of business                 
 before the committee today.  The Chairman calls Senator Donley as             
 the first witness.                                                            
                                                                               
 Number 027                                                                    
                                                                               
 SENATOR DONLEY, prime sponsor of SJR 2 states that SJR 2 will do              
 two things: one, it will set out specific rights in the                       
 constitution of victims of crime; two, it will make changes                   
 regarding penal administration.  Currently, penal administration              
 guidelines list the principal of reformation and public safety as             
 the basis for penal administration and do not specify which aspect            
 of administration is more important.                                          
                                                                               
 SJR 2 would list several other aspects for consideration in penal             
 administration and would prioritize those aspects.  Those aspects             
 are, in order of importance: public safety, rights of victims, and            
 the principal of reformation.                                                 
                                                                               
                                                                               
 Number 061                                                                    
                                                                               
 SENATOR DONLEY declared that to that list, he would like to add               
 community condemnation of the offender as second in the order of              
 importance.                                                                   
                                                                               
 Number 070                                                                    
                                                                               
 CHAIRMAN LEMAN suggests also adding restitution to the previous               
 list of aspects of penal administration.  He suggests inserting it            
 just before reformation.  The list would be as follows: public                
 safety, community condemnation of the offender, rights of victims,            
 restitution, and the principal of reformation.                                
                                                                               
 Number 101                                                                    
                                                                               
 SENATOR DONLEY agrees with Chairman Leman regarding adding                    
 restitution as an aspect of penal administration.                             
                                                                               
 Number 112                                                                    
                                                                               
 CHAIRMAN LEMAN calls for the representative from the Department of            
 Law to testify.                                                               
                                                                               
 Number 113                                                                    
                                                                               
 MARGO KNUTH, Criminal Division, Department of Law, announces that             
 the Department of Law supports victim's rights but is concerned               
 with the proposed constitutional amendment as it is currently                 
 drafted.  The department believes the constitutional amendment                
 would do three things, one of which it is in favor, the other two             
 of which it is not in favor.  The effect of the constitutional                
 amendment the department favors would balance some of the                     
 constitutional rights the defendant has with rights of the state              
 and rights of the victim.  The aspects which the department is not            
 in favor of are creating rights that victims would be able to                 
 enforce against prosecutors, and creating tort liability against              
 the state when a failure in the process occurs.  Ms. Knuth comments           
 that she does not see the language where it is suggested                      
 restitution be inserted.                                                      
                                                                               
 Number 176                                                                    
                                                                               
 CHAIRMAN LEMAN notes that it has not been put in writing, but there           
 is reference to it under (paragraph) 8, page two.  He proposes that           
 it be inserted in (page 1, section 1) line nine (or ten).  He asks            
 whether Ms. Knuth is able to comment on the insertion.                        
                                                                               
                                                                               
 Number 196                                                                    
                                                                               
 MS. KNUTH replies that she would appreciate the chance to think               
 about the insertion before commenting.  She is aware that                     
 Representative Porter has legislation that intends to reorder the             
 criteria also, and she would like to examine his legislation before           
 commenting.                                                                   
                                                                               
 Number 200                                                                    
                                                                               
 SENATOR ELLIS asks Senator Donley if victim's rights under this               
 legislation will take affect after the defendant has been                     
 convicted, or if it will take affect during the prosecution.                  
                                                                               
 Number 220                                                                    
                                                                               
 SENATOR DONLEY responds the victim's rights will be in effect                 
 throughout the process.  He thinks it might be advisable to take              
 out the penal administration reference in the constitution so it              
 will apply to the entire criminal justice system.  His                        
 understanding is the legislation will affect sentencing through the           
 end of the defendant's probation or parole term.                              
                                                                               
 Number 233                                                                    
                                                                               
 SENATOR TAYLOR asks Senator Donley where the trigger is, where                
 these rights would begin.  Is it after conviction or before                   
 conviction?                                                                   
                                                                               
 Number 241                                                                    
                                                                               
 SENATOR DONLEY replies that the rights set forth in section two               
 would apply throughout the criminal justice process, while section            
 one would apply after sentencing of the defendant.                            
                                                                               
 Number 254                                                                    
                                                                               
 CHAIRMAN LEMAN suggests that members think about and discuss the              
 legislation and be prepared to decide by Wednesday morning on                 
 language changes that might clarify what part of the criminal                 
 justice process SJR 2 would affect.  He then asks if Ms. Lienhart             
 is ready to testify from Anchorage.                                           
                                                                               
 Number 263                                                                    
                                                                               
 JANICE LIENHART, Victim's for Justice, says she is grateful for the           
 support on SJR 2 from Senator Leman and Senator Donley.  She states           
 that it is traumatic for victims to realize that there are laws to            
 protect defendants, but not very much protection for victims.  The            
 victim's rights movement is working to get laws passed to give                
 victims equal rights to defendants.  Victims deserve equal rights             
 under the constitution.                                                       
 Number 296                                                                    
                                                                               
 CHAIRMAN LEMAN thanks Ms. Lienhart for her testimony and repeats              
 the changes that have been suggested to the legislation.                      
                                                                               
 Number 314                                                                    
                                                                               
 SENATOR TAYLOR asks Ms. Knuth to what extent the notification of              
 victims will fiscally affect the state.                                       
                                                                               
 Number 326                                                                    
                                                                               
 MS. KNUTH replies that fiscal impact is a concern, in addition to             
 the concern of increased liability to the state.  The state cannot            
 be a guarantor of safety.                                                     
                                                                               
 Number 350                                                                    
                                                                               
 MS. LIENHART comments that since victims are already being informed           
 of their rights, she doesn't think it will add very much to the               
 fiscal impact.                                                                
                                                                               
 Number 363                                                                    
                                                                               
 SENATOR TAYLOR asks Ms. Lienhart if she thinks it will cause a                
 fiscal impact on the Department of Public Safety if the department            
 is required to notify a victim every time there is a hearing on a             
 specific case.  He is concerned that department personnel would               
 spend more time tracking down victims for notification, which would           
 result in less personnel time being spent tracking down criminals.            
                                                                               
 Number 379                                                                    
                                                                               
 SENATOR DONLEY thinks Senator Taylor has a good point and that the            
 legislation should be amended so as to set out specific parameters            
 regarding notification of victims.                                            
                                                                               
 Number 328                                                                    
                                                                               
 CHAIRMAN LEMAN asks Senator Donley to work with Ms. Babcock and Ms.           
 Knuth on language to accommodate the aforementioned concerns.                 
                                                                               
 Number 385                                                                    
                                                                               
 SENATOR DONLEY asks Senator Taylor if he thinks the format in                 
 SJR 2 is appropriate.                                                         
                                                                               
 Number 391                                                                    
                                                                               
 SENATOR TAYLOR thinks the format is clearer to list out the rights,           
 one-by-one, rather than enclosed in a single paragraph.                       
                                                                               
 Number 394                                                                    
                                                                               
 CHAIRMAN LEMAN agrees that he thinks it is more clear to have the             
 rights listed out, rather than in a single paragraph.  He then asks           
 Ms. Knuth if she will be able to join the committee for their                 
 meeting on Wednesday.                                                         
                                                                               
 Number 396                                                                    
                                                                               
 MS. KNUTH responds that she will be able to do so, and that if                
 input from the Department of Law is desired on SJR 39 RIGHT TO KEEP           
 AND BEAR ARMS, to contact Mr. Guinelli in the department.                     
                                                                               
 Number 400                                                                    
                                                                               
 CHAIRMAN LEMAN asks if there is anyone else who wishes to testify             
 on SJR 2.  He announces that SJR 2 will be held until Wednesday's             
 meeting.                                                                      
                                                                               
 Number 418                                                                    
                                                                               
 CHARLES MCKEE states he thinks victims of misdemeanors should also            
 be included in victim's rights legislation.                                   
                                                                               
 Number 440                                                                    
 CHAIRMAN LEMAN thanks Mr. McKee and announces that the committee              
 will now hear SB 33.  He calls Ms. Kreitzer to the witness stand.             
                                                                               
 Number 450                                                                    
                                                                               
 SENATOR TAYLOR moves the adoption of CSSB 33(STA).  There being no            
 objection, CSSB 33(STA) is before the committee.                              
                                                                               
 Number 453                                                                    
                                                                               
 ANNETTE KREITZER, Staff to Senator Leman, outlines the changes                
 between this version of CSSB 33 (STA) and the version before the              
 committee on January 19, 1994.  Language stating "an equal number             
 of representatives" has been deleted.  This language would have               
 required, as an example, five elected local officials, five                   
 broadcast or print-media persons, five persons from community                 
 groups, etcetera.                                                             
                                                                               
 Number 466                                                                    
                                                                               
 CHAIRMAN LEMAN interjects it is his understanding that the                    
 guidelines are still consistent with SARA Title III.                          
                                                                               
                                                                               
 Number 467                                                                    
                                                                               
 MS. KREITZER confirms that the guidelines are still consistent with           
 SARA Title III.                                                               
                                                                               
 She states that the second amendment is on page 7, lines 14 to 17,            
 which clarifies that when positions on LEPC's have been advertised            
 and the LEPC's are still unable to fill that position, the LEPC               
 will still be able to function.                                               
                                                                               
 Ms. Kreitzer notes that an unnecessary repealer has been deleted              
 under AS 46.04.200(b)(5).                                                     
                                                                               
 Number 491                                                                    
                                                                               
 SENATOR ELLIS asks Ms. Kreitzer to review the repealers.                      
                                                                               
 Number 492                                                                    
                                                                               
 CHAIRMAN LEMAN notes that there is a list of repealers under                  
 section 21.                                                                   
                                                                               
 Number 495                                                                    
                                                                               
 MS. KREITZER reads the list of repealers under section 21 set forth           
 in the sponsor's sectional analysis.                                          
                                                                               
 Number 503                                                                    
                                                                               
 SENATOR ELLIS asks Ms. Kreitzer about the term "all hazards                   
 commission".                                                                  
                                                                               
 Number 508                                                                    
                                                                               
 MS. KREITZER replies that the term "all hazards commission" refers            
 to SERC becoming a planning commission for all disasters.  SERC               
 cannot do that without statutory authority, so that is why that               
 language is in the bill.  It is not federal terminology, but SERC's           
 own terminology.                                                              
                                                                               
 Number 515                                                                    
                                                                               
 SENATOR ELLIS asks Ms. Kreitzer if the use of the term "all hazards           
 commission" would make federal funds available for disaster                   
 planning.                                                                     
                                                                               
 Number 516                                                                    
                                                                               
 MS. KREITZER responds that she would have to defer to DMVA on that            
 question.                                                                     
                                                                               
                                                                               
 Number 519                                                                    
                                                                               
 SENATOR ELLIS withdraws his question, commenting it would appear              
 that the new language would be a net gain, rather than a net loss.            
 He then asks if Ms. Kreitzer would explain the grounds for the                
 decision of responsibility reverting to the state in cases where              
 local groups choose not to plan for emergencies.  He fears that               
 local areas with budget constraints would give over emergency                 
 planning responsibilities to the state in order to save money.                
                                                                               
 Number 527                                                                    
                                                                               
 MS. KREITZER replies that those points were addressed in the SERC             
 task force report of September 1993, which recommended that local             
 advisory committees still have input into response plans.  Funding            
 constraints are the reason LEPC's are given a choice of having                
 anywhere from five to thirteen members.  The LEPC's recognize that            
 there is no guaranteed funding for emergency planning.                        
                                                                               
 Number 531                                                                    
                                                                               
 CHAIRMAN LEMAN notes he served on the Anchorage LEPC for some time            
 and had exposure to what other LEPC's were doing, and he found that           
 communities do want involvement in emergency planning.                        
                                                                               
 Number 559                                                                    
                                                                               
 SENATOR ELLIS asks what the guarantee is that communities won't               
 hand the responsibility of emergency planning over to the state if            
 they have that option, and how could a community better plan for              
 emergencies than could an experienced planner.                                
                                                                               
 Number 560                                                                    
                                                                               
 CHAIRMAN LEMAN responds that persons within a community generally             
 have better knowledge regarding the needs of their particular                 
 community than would a trained planner, although a trained planner            
 is certainly necessary also.                                                  
                                                                               
 Number 567                                                                    
                                                                               
 SENATOR TAYLOR comments that Senator Ellis raised a good point                
 regarding how LEPC's will be funded for work on local emergency               
 plans.  Senator Taylor questions whether the 470 fund will be                 
 available for funding LEPC's in their establishment of emergency              
 plans, and if that was the intention of the legislation.                      
                                                                               
 Number 579                                                                    
                                                                               
 MS. KREITZER replies that DEC administers the 470 fund.                       
                                                                               
                                                                               
 TAPE 94-2, SIDE B                                                             
 Number 579                                                                    
                                                                               
 MS. KREITZER believes that it is intended for funding to pass                 
 through political subdivisions as pass-through funding to the                 
 LEPC's.  She states Senator Taylor is correct in his assumption               
 that 470 fund monies will be available.                                       
                                                                               
 Number 576                                                                    
                                                                               
 SENATOR TAYLOR voices an additional concern that the legislation              
 will change the policy of establishing and maintaining response               
 corps and response depots.                                                    
                                                                               
 Number 567                                                                    
                                                                               
 MS. KREITZER responds that the language Senator Taylor is concerned           
 with would have the effect of clarifying that hazardous substance             
 release equipment depots and emergency planning committee depots              
 should be coordinated so that there is no duplication of effort.              
 But oil and hazardous substance depots would be paid for out of the           
 470 fund, though emergency response depots would not be paid for              
 out of the 470 fund.                                                          
                                                                               
 Ms. Kreitzer points out to Senator Taylor language in the                     
 legislation on page sixteen stating that DEC and DMVA coordinate              
 their efforts so that there will be no duplication of services.               
                                                                               
 Number 547                                                                    
                                                                               
 SENATOR TAYLOR reconfirms that there will be no duplication of                
 effort between DEC and DMVA.  He expresses pleasure that the 470              
 fund will be used for what it was originally set up to do and that            
 the state is now worrying about taking care of people, rather than            
 just taking care of oil on a rock.                                            
                                                                               
 Number 542                                                                    
                                                                               
 CHAIRMAN LEMAN asks Mr. Conway if he would like to add anything to            
 the discussion.                                                               
                                                                               
 Number 536                                                                    
                                                                               
 SENATOR TAYLOR asks Ms. Kreitzer if there is a provision for                  
 immunity in CSSB 33(STA).  Ms. Kreitzer responds that immunity is             
 provided for in SB 35.                                                        
                                                                               
 Number 533                                                                    
                                                                               
 MIKE CONWAY, SPAR, Department of Environmental Conservation, says             
 currently SERC and the LEPC's are oil and hazardous substance by              
 statute.  Many communities in rural areas do not have an interest             
 in oil and hazardous substance releases.  This may change if SERC             
 and LEPC's become "all hazards" response organizations.  Another              
 problem for very small communities is they may not have available             
 people to fill all the positions that SARA Title III requires on a            
 committee.  Additionally, communities not able to establish LEPC's            
 can still form local advisory committees in order to have input in            
 establishing emergency response plans.                                        
                                                                               
 SERC and LEPC's would be authorized to receive response fund monies           
 from the 470 fund, however, activities must be response fund                  
 eligible in order to receive those funds.  So a portion of SERC and           
 LEPC activities could be funded from the 470 fund.  However, in               
 areas not connected to oil and hazardous substances there will need           
 to be other funding sources to cover those areas.                             
                                                                               
 Mr. Conway finishes by noting that the depot corps funding language           
 pertains to "all hazards" or disasters.                                       
                                                                               
 Number 490                                                                    
                                                                               
 CHAIRMAN LEMAN thanks Mr. Conway for his comments and asks if                 
 anyone else wishes to testify on SB 33.  Hearing none, he asks the            
 pleasure of the committee.                                                    
                                                                               
 Number 489                                                                    
                                                                               
 SENATOR TAYLOR motions CSSB 33(CRA) be moved from committee with              
 individual recommendations.                                                   
                                                                               
 Number 487                                                                    
                                                                               
 CHAIRMAN LEMAN, hearing no objections, discharges SB 33 from the              
 State Affairs Committee with individual recommendations.                      
 Number 483                                                                    
 CHAIRMAN LEMAN brings up SJR 39 RIGHT TO KEEP AND BEAR ARMS, and              
 thanks those waiting for SJR 39 for their patience.  He then                  
 provides an update on the history of the issue during this                    
 legislature.  The Chairman then calls the first witness.                      
                                                                               
 Number 463                                                                    
                                                                               
 DUANE UDLAND, Deputy Chief of Police, Anchorage Police Department,            
 states that the position of law enforcement personnel is generally            
 not opposed to the individual right to keep and bear arms.  He                
 wonders why it is necessary to have the right to keep and bear arms           
 in the state constitution, and thinks there is plenty of protection           
 in the constitution and in statute already.  He then lists a number           
 of protections already in law.                                                
                                                                               
                                                                               
 Number 425                                                                    
                                                                               
 MR. UDLAND says that police have a deep concern over the effects              
 the amendment will have in the context of the state constitution.             
 If the constitution is changed, it must be carefully worded.  He              
 believes that SJR 1 better answers the concerns of law enforcement            
 and is disappointed that SJR 1 is being rejected in favor of SJR
 39.  He is concerned that a constitutional amendment would limit              
 the ability of municipalities and the legislature to pass                     
 reasonable laws regulating firearms that are necessary to protect             
 the public.                                                                   
                                                                               
 Number 376                                                                    
                                                                               
 SENATOR TAYLOR states that the U.S is facing a flood of weapons               
 misuse, of which he wouldn't have been able to conceive twenty                
 years ago.  He comments that perhaps everyone should be armed in              
 order to protect themselves and asks Mr. Udland to respond to this            
 problem.                                                                      
                                                                               
 Number 332                                                                    
                                                                               
 MR. UDLAND replies that there is no question that violence in this            
 country is on the increase, but he does not see a solution to the             
 problem in a constitutional amendment.  He questions whether,                 
 within the issue of a constitutional amendment, there is a hidden             
 agenda to allow concealed firearms.  He does think municipalities             
 should have the option of regulating concealed weapons.  Mr. Udland           
 is also concerned that if the language in SJR 39 is too strict, the           
 courts will strike down any law regulating possession of firearms.            
                                                                               
 Number 285                                                                    
                                                                               
 CHAIRMAN LEMAN requests Portia Babcock, Aide to Senate State                  
 Affairs Committee, to make an opening statement on SJR 39.                    
                                                                               
 Number 273                                                                    
                                                                               
 PORTIA BABCOCK, Committee Aide, Senate State Affairs Committee                
 states that the proposed language in SJR 39 is similar to language            
 in other states.  This legislation is being introduced to protect             
 and insure the right to keep and bear arms in the future.  It is              
 not intended to change anything today, or to abrogate any laws                
 currently on the books.  An applicable Alaska Supreme Court case              
 relating to the right to keep and bear arms is the Weaver Case,               
 which stated that an Alaskan may not possess a switch blade or                
 gravity knife in their own home because it is a public safety                 
 hazard and is easily concealed and quickly brought to bear.  In               
 this case the constitution was anything but broadly interpreted.              
                                                                               
 MS. BABCOCK continues, saying that case-law in other states has               
 consistently upheld felony possession laws, juvenile possession               
 laws, laws restricting access to persons under the influence of               
 drugs and alcohol, and persons who have been judged to be mentally            
 incompetent.  Case law has consistently recognized that the right             
 to keep and bear arms is not an absolute right.                               
                                                                               
 Number 218                                                                    
                                                                               
 SENATOR DONLEY states for the record that the proper judicial                 
 standard of review in terms of balancing firearms rights of                   
 individuals versus the protection of society, is a compelling                 
 public safety interest standard.                                              
                                                                               
 Number 197                                                                    
                                                                               
 CHAIRMAN LEMAN thanks Senator Donley for his comment and calls the            
 next witness.                                                                 
                                                                               
 Number 188                                                                    
                                                                               
 RAY ADVIK, testifying from Meier's Lake, feels that the state has             
 a role in protecting the right to keep and bear arms.                         
                                                                               
 Number 183                                                                    
                                                                               
 DAN PURITTE, testifying from Meier's Lake, states he believes the             
 federal government is doing everything it can to take away our                
 freedom, our rights, and our guns.  It is important that the State            
 of Alaska stand up and commit itself one way or the other.                    
                                                                               
 Number 169                                                                    
                                                                               
 JIM FREY, SR., testifying from Slana, is in favor of SJR 39.  He              
 also favors capital punishment and says that if the state doesn't             
 implement capital punishment soon, we will have to start doing it             
 ourselves.                                                                    
                                                                               
 Number 150                                                                    
                                                                               
 RICHARD BISHOP, Alaska Outdoor Council, testifying from Fairbanks,            
 states that he and the council strongly support SJR 39, though the            
 council has not taken formal action in support of the bill.  He               
 urges passage of SJR 39.                                                      
                                                                               
 Number 127                                                                    
                                                                               
 DON DUNCAN, registered guide-outfitter, testifying from Fairbanks,            
 strongly supports SJR 39 and asks a few rhetorical questions                  
 regarding fire arms.  One question Mr. Duncan poses is if he would            
 be considered a criminal for having a loaded gun in his truck as he           
 drives by a school on the way out of town to hunt.  He believes               
 that the fewer restrictive gun laws there are, the less crime we              
 will have.                                                                    
 Number 127                                                                    
                                                                               
 SENATOR DONLEY clarifies for Mr. Duncan that if your gun is encased           
 while driving by a school, you are not breaking any law.                      
                                                                               
 Number 028                                                                    
                                                                               
 CHAIRMAN LEMAN announces that the committee will not be able to               
 accommodate everyone wishing to testify and that he intends to move           
 SJR 39 out of committee today.  He then asks if there is anyone on            
 line who has a statement to make in opposition of SJR 39.  The                
 chairman announces that anyone signed up to testify who does not              
 respond in opposition to SJR 39 will be recorded as being in                  
 support of SJR 39.                                                            
                                                                               
 Number 003                                                                    
                                                                               
 MARK CHRYSON, Field Representative for Gun Owners of America,                 
 testifying from Kodiak, says that he is not opposed to SJR 39.                
                                                                               
 TAPE 94-3, SIDE A                                                             
 Number 001                                                                    
                                                                               
 MR. CHRYSON says he is opposed to keeping the issue of the right to           
 keep and bear arms off the ballot.  He thinks that the right to               
 keep and bear arms is a partisan issue and asks the legislature not           
 to water down this legislation.                                               
                                                                               
 Number 031                                                                    
                                                                               
 CHAIRMAN LEMAN thanks Mr. Chryson for his testimony and comments he           
 does not think the right to keep and bear arms is a partisan issue            
 and the release of this bill from committee is dependent upon a               
 democrat.                                                                     
                                                                               
 Number 035                                                                    
                                                                               
 SENATOR DUNCAN says not to count on it (laughter all around).                 
                                                                               
 Number 051                                                                    
                                                                               
 CHARLES MCKEE, testifying from Anchorage, says he represents the              
 treasury and that he gave documentation to the Bureau of Alcohol,             
 Tobacco, and Firearms.                                                        
                                                                               
 Number 069                                                                    
                                                                               
 JOE MURDY, Anchorage Assembly Member, states he is testifying on              
 his own behalf, not in representation of the Anchorage Assembly.              
 He supports the right to keep and bear arms, but is concerned that            
 local governments might no longer have control over weapons within            
 city limits.                                                                  
 Number 091                                                                    
                                                                               
 CHAIRMAN LEMAN advises Mr. Murdy that SJR 39 will not restrict                
 municipalities from dealing with appropriate local restrictions on            
 firearms.                                                                     
                                                                               
 Number 095                                                                    
                                                                               
 SENATOR TAYLOR mentions that Senator Donley noted earlier in the              
 committee meeting that there was a particular standard that should            
 be placed on the record as a concern: that standard was one of                
 public safety.                                                                
   Senator Donley said, "...the proper judicial standard of                    
  review in terms of balancing firearms rights of individuals                  
  versus the protection of society is a compelling public safety               
  interest standard."                                                          
                                                                               
 Senator Taylor wants to state for the record and stress that it is            
 this standard of public safety which should be applied in regards             
 to the intent of SJR 39.  He states again that it is the intent of            
 the committee that a standard of compelling public safety interest            
 will allow municipalities and the state to continue to pass laws              
 regarding appropriate restrictions on the right to keep and bear              
 arms, even with a constitutional amendment protecting the right to            
 keep and bear arms.  Senator Taylor does not think that SJR 39 will           
 restrict, in any way, the ability to pass laws regulating firearms            
 where a public safety concern exists.                                         
                                                                               
 Number 131                                                                    
                                                                               
 MR. MURDY states that his only concern is that the legislation not            
 restrict the ability of municipalities and the state to pass future           
 laws regulating firearms where a public safety concern exists.                
                                                                               
 Number 142                                                                    
                                                                               
 CHAIRMAN LEMAN restates that it is not his intent to restrict the             
 passage of laws regulating firearms where there is a concern of               
 public safety.  He views SJR 39 as a clarification of existing                
 constitutional provisions relating to the right to keep and bear              
 arms.  There is a concern that current constitutional law could be            
 interpreted as a collective right to bear arms and not an                     
 individual right.  This would clarify the right to keep and bear              
 arms as an individual right.                                                  
                                                                               
 The Chairman asks if there is anyone else on teleconference or in             
 Juneau who feels they must testify on SJR 39.                                 
                                                                               
                                                                               
 Number 164                                                                    
                                                                               
 FREDERICK HEINZ, testifying from Glennallen, states he disagrees              
 with Mr. Murdy regarding municipalities being able to pass laws               
 regulating firearms where a public safety concern exists.  Mr.                
 Heinz interprets the constitution literally and believes it is                
 unconstitutional to restrict firearms in any manner.                          
                                                                               
 Number 177                                                                    
                                                                               
 SENATOR TAYLOR makes a motion to discharge SJR 39 from the Senate             
 State Affairs Committee with individual recommendations.                      
                                                                               
 Number 180                                                                    
                                                                               
 CHAIRMAN LEMAN, hearing no objection, discharges SJR 39 from the              
 Senate State Affairs Committee with individual recommendations.               
                                                                               
 Number 180                                                                    
                                                                               
 CHAIRMAN LEMAN announces that the agenda for Wednesday, January 26,           
 1994 is SB 253 REAPPLICATION PERIOD FOR 1993 PF DIVIDEND, SB 170              
 DISPOSITION OF PERMANENT FUND INCOME, SJR 38 RESTRUCTURE PERMANENT            
 FUND, and bills previously heard.                                             
                                                                               
 Number 183                                                                    
                                                                               
 CHAIRMAN LEMAN adjourns the meeting at 10:50 a.m.                             
                                                                               

Document Name Date/Time Subjects