Legislature(1993 - 1994)
04/25/1994 09:12 AM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
April 25, 1994
9:12 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. 153(JUD) am
"An Act related to the awarding of special good time deductions for
prisoners participating in the Point MacKenzie Rehabilitation
Project; and providing for an effective date."
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 BILL NO. 400
"An Act relating to administrative proceedings involving a
determination of eligibility for a permanent fund dividend or
authority to claim a dividend on behalf of another."
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."
PREVIOUS SENATE COMMITTEE ACTION
HB 153 - No previous senate committee action.
HB 47 - No previous senate committee action.
HB 400 - No previous senate committee action.
HB 351 - No previous senate committee action.
WITNESS REGISTER
Melva Krogseng, Aide
Representative Barnes
State Capitol, Juneau, AK 99801-1182¶465-3438
POSITION STATEMENT: author of cs for HB 153
Tom Anderson, Aide
Representative Martin
State Capitol, Juneau, AK 99801-1182¶465-3783
POSITION STATEMENT: prime sponsor of HB 47
Joseph L. Swanson, Director
Division of Elections
P.O. Box 110017, Juneau, AK 99811-0017¶465-4611
POSITION STATEMENT: testified on HB 47
Melinda Gruening, Aide
Representative Green
State Capitol, Juneau, AK 99801-1182¶465-4931
POSITION STATEMENT: prime sponsor of HB 400
Thomas C. Williams, Director
Permanent Fund Dividend Corporation
Department of Revenue
P.O. Box 110460, Juneau, AK 99811-0460¶465-2323
POSITION STATEMENT: testified on HB 400
Representative Green
State Capitol, Juneau, AK 99801-1182¶465-4931
POSITION STATEMENT: prime sponsor of HB 400
Barbara C. Cotting, Aide
Representative James
State Capitol, Juneau, AK 99801-1182¶465-3743
POSITION STATEMENT: prime sponsor of HB 351
Portia C.K. 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¶465-4322
POSITION STATEMENT: testified on HB 351
ACTION NARRATIVE
TAPE 94-30 & 94-31
TAPE 94-30, SIDE A
Number 001
CHAIRMAN LEMAN calls the Senate State Affairs Committee to order at
9:12 a.m.
CHAIRMAN LEMAN brings up HB 153 (GOOD TIME: PT. MACKENZIE REHAB
PROJECT) as the first order of business before the Senate State
Affairs Committee and calls Ms. Krogseng to testify.
Number 011
MEL KROGSENG, Aide to Representative Barnes, author of the
committee substitute for HB 153, reads a sponsor statement for HB
153.
Number 065
MS. KROGSENG states there are currently 72 inmates at Point
MacKenzie, and there is a current capacity for just under 100
inmates. It is felt that the project could easily house 160
inmates. However, the project does need some type of incentive.
There are 245 adult reindeer, and as of this weekend, 18 baby
reindeer.
Number 083
CHAIRMAN LEMAN asks Ms. Krogseng to clarify whether the project is
having trouble getting people to volunteer.
Number 094
MS. KROGSENG responds that not all volunteers are suitable
candidates. She believes this project can ease some of the
crowding in the institutions. Ms. Krogseng discusses statistics
relating to the number of persons currently in state custody.
MS. KROGSENG lists some of the other benefits to inmates serving at
Point Mackenzie, which include accredited GED programs and
firefighter programs.
MS. KROGSENG states the inmates are also doing a great deal to
preserve an asset of the state.
Number 143
CHAIRMAN LEMAN asks Ms. Krogseng how many prisoners in the system
are eligible to go to Project Hope, but are not volunteering.
Number 145
MS. KROGSENG states she does not know exactly. One of the
requirements is that inmates have two years left on their sentence.
Committee members should have an inmate profile report. In that
report, there are 541 minimum custody inmates, and 110 community
custody inmates in institutions. Those inmates would meet the
custody level requirements. How many of those would meet the two wo
year service requirement, she does not know.
Number 162
CHAIRMAN LEMAN asks Ms. Krogseng if she can have that answer for
the senate by the time HB 153 reaches the floor.
MS. KROGSENG replies she would think so.
Number 178
CHAIRMAN LEMAN asks if the GED program has been in operation long
enough to gauge the success rate of the program.
MS. KROGSENG responds it hasn't been in operation very long, but
there is optimism that the program will be successful.
CHAIRMAN LEMAN asks the pleasure of the committee.
Number 195
SENATOR TAYLOR makes a motion to discharge HB 153 from the Senate
State Affairs Committee with individual recommendations.
Number 197
CHAIRMAN LEMAN, hearing no objection, orders HB 153 released from
committee with individual recommendations.
Number 199
CHAIRMAN LEMAN brings up HB 47 (ABSENTEE BALLOTS - PRIMARY
ELECTIONS) as the next order of business before the Senate State
Affairs Committee. The chairman calls Mr. Anderson to testify.
Number 201
TOM ANDERSON, Aide to Representative Martin, prime sponsor of
HB 47, introduces the bill and says the purpose of HB 47 is to
insure that absentee ballot applicants for primary elections
receive the proper ballot. Mr. Anderson states that HB 47 would
ensure that if an applicant for an absentee ballot fails to mark
which ballot they would like to receive, the Division of Elections
would send them the ballot of their party affiliation.
MR. ANDERSON states HB 47 would also prevent a voter from changing
their party registration 30 days prior to the primary. The
Division of Elections believes this will allow for a smoother
election.
MR. ANDERSON states HB 47 has a zero fiscal note, and will not have
any substantial financial impact. Mr. Anderson announces that Mr.
Swanson, Director of the Division of Elections is available to
answer questions.
Number 246
CHAIRMAN LEMAN asks how many people, in the 1992 election cycle,
changed their party affiliation at the polls or within 30 days of
the election.
Number 252
JOE SWANSON, Director, Division of Elections, responds the division
does not have an answer to the chairman's question. However, it
was more than a couple hundred people and less than a couple
thousand people. He will try to pin a number down for the
committee, but those are not records that the division keeps.
Number 262
CHAIRMAN LEMAN surmises that persons changing their party
affiliation so close to an election would probably be people who
were registered as democrats or AIP switching to a non-partisan
affiliation.
Number 270
MR. SWANSON responds the way the state republican party rules are
written and the current regulations of the Division of Elections,
a person who is registered republican can vote any ballot; a person
who is registered democrat or green party you are restricted to
vote the republican ballot. Anyone registered non-partisan or
independent may vote both ballots. (People registered nonpartisan
or independent may choose either the open ballot or the republican can
ballot.)
CHAIRMAN LEMAN comments he thinks Mr. Swanson misspoke, and meant
to say that democrats, greens, and AIP were restricted to the open
ballot.
MR. SWANSON states the chairman is correct.
Number 282
SENATOR MILLER states he would support the first portion of the
bill, but he does not support the portion restricting people's
ability to change their party affiliation. Senator Miller stresses
again that he has a big problem with that portion of the bill, and
says it would be enough to make him vote against the bill if it
gets to the floor of the senate.
Number 293
MR. SWANSON responds not allowing people to change their party
affiliation within 30 days before an election was put in HB 47 at
the request of the Division of Elections. Persons registering to
vote for the first time must register 30 days before the election.
A person is also not allowed to change their district registration
within 30 days before an election. Mr. Swanson states it is his
understanding that people changing their party affiliation at the
last minute in the 1992 primary election caused a lot of problems
and confusion. The Division of Elections is simply asking that the
same time frame be applied to changing party affiliation as is
applied to all other changes made in the voter registration
process.
Number 312
SENATOR MILLER states he has a philosophical disagreement with Mr.
Swanson, and Senator Miller does not like persons not being allowed
to change party affiliation up until the moment they cast their
vote. Senator Miller thinks that since there are not great numbers
of people changing their affiliation, it shouldn't be that much of
a problem.
Number 319
CHAIRMAN LEMAN asks Mr. Swanson if the Division of Elections
intends to publish and advertise this change disallowing people to
change their party affiliation within 30 days before an election.
The chairman asks Mr. Swanson if the division intends to have
registrars available in public places prior to 30 days before an
election so that persons who wanted to change their affiliation
could do so.
Number 323
MR. SWANSON replies the Division of Elections is setting in place
a considerable program for advertising, including advertising on
RATNET in several dialects. The division felt that the public was
not sufficiently educated in the last election cycle on the split
primary, and what the choices were. It is the division's intent to
do as much as possible to educate the public completely on the
process.
Number 333
CHAIRMAN LEMAN asks if there are further questions, or if anyone
else would like to testify.
Number 336
SENATOR MILLER makes a motion to discharge HB 47 from the Senate
State Affairs Committee with individual recommendations.
CHAIRMAN LEMAN asks what committee HB 47 goes to next.
MR. ANDERSON responds the bill goes to the Rules Committee.
SENATOR MILLER withdraws his motion to discharge HB 47.
CHAIRMAN LEMAN announce HB 47 will be held over until Wednesday,
April 27, 1994.
Number 350
CHAIRMAN LEMAN brings up HB 400 (PFD ADMINISTRATIVE PROCEEDINGS) as
the next order of business before the Senate State Affairs
Committee and calls Ms. Gruening to testify.
MELINDA GRUENING, Aide to Representative Green, prime sponsor of
HB 400, reads the sponsor statement for HB 400. Ms. Gruening, in
the sponsor statement, says that the only cost of filing an appeal
for a permanent fund dividend is 29 cents.
Number 388
SENATOR MILLER asks Ms. Gruening if the intent of HB 400 is to
discourage appeals.
MS. GRUENING responds that is correct. Representative Green is
hoping that HB 400 will have a chilling effect on those filing
frivolous appeals.
Number 393
SENATOR TAYLOR thinks that HB 400 will probably have a chilling
effect. However he disagrees that the only thing a person is out
for filing an appeal is a 29 cent stamp. Senator Taylor asks what
the current status is on prosecutions of people who receive
dividends they are not entitled to receive. He thinks that under
the laws passed, there is supposed to be a heck of a lot more risk
than a 29 cent stamp. Senator Taylor asks if 25$ is a good fee,
why not 100$ or 150$.
Number 435
TOM WILLIAMS, Director, Permanent Fund Dividend Division, states
the division does receive a lot of applications from individuals
who are clearly ineligible. The division is active in
investigation of persons receiving dividends to which they were not
entitled. The division routinely prosecutes cases and makes press
announcements on those prosecutions every month or two. Last year
there were eight or nine prosecutions. Every fraud tip is actively
pursued. Mr. Williams describes the penalties for those found
guilty of fraud. Mr. Williams states he will provide the
statistics the division has regarding fraud cases.
Number 463
SENATOR MILLER asks Mr. Williams what his thoughts are on raising
the 25$ appeal fee.
CHAIRMAN LEMAN asks Representative Green to respond to that
question.
Number 467
REPRESENTATIVE JOE GREEN, prime sponsor of HB 400, responds 25$ was
a compromise charge. Significantly larger numbers were discussed,
but it was found that many representatives thought even 25$ was too
high a figure. One of the concerns that was expressed was if the
figure was to high, a judge might decide the number was arbitrary,
capricious, and unreasonable.
SENATOR TAYLOR comments a judge could always waive the fee for an
indigent person.
REPRESENTATIVE GREEN states there is also a provision in the bill
allowing the division to waive the fee for an indigent person.
Number 483
MS. GRUENING adds that a concern was also expressed that a higher
fee would put undue hardship on families who appeal; if there were
five people in a family, the filing fee would be 125$. Some people
who file appeals are eligible; some of the appeals are overturned. ed.
Number 490
SENATOR TAYLOR comments he finds quite a few appeals are
overturned, and then what we're really looking at is someone in the
division exercising a lack of discretion that is so incredible it
makes one wonder if they even get out of bed in the morning.
Senator Taylor states one person on his staff spends three-quarters
of her time during the interim working on dividend appeals.
Senator Taylor states the commander of the Coast Guard base in
Ketchikan, and his family, had their dividend applications thrown
out simply because they were military.
Number 507
CHAIRMAN LEMAN asks Mr. Williams if the Permanent Fund Dividend
Division prosecutes those cases where people move after they apply
for dividends.
Number 519
MR. WILLIAMS responds the eligibility requirements require an
individual to have the intent to remain permanently in Alaska when
they sign their application. If that intent subsequently changes,
then they are still eligible for that dividend. The question
becomes, when they signed, did they really intend to leave. The
division looks at a variety of indicators to determine the person's
intent. It is hard to measure intent in objective terms.
MR. WILLIAMS adds that most of the concerns the division receives
relate to individuals who are absent for lengthy periods of time.
CHAIRMAN LEMAN asks if there are further questions or if anyone
else wishes to testify on HB 400.
SENATOR TAYLOR asks Mr. Williams to submit information to the
committee on prosecutions of cases of fraud.
SENATOR MILLER makes a motion to discharge HB 400 from the Senate
State Affairs Committee with individual recommendations.
Number 554
CHAIRMAN LEMAN, hearing no objection, orders HB 400 released from
committee with individual recommendations.
Number 555
CHAIRMAN LEMAN brings up HB 351 (CONCEALED HANDGUN PERMITS;WEAPONS
POSS.) as the last order of business before the Senate State
Affairs Committee and calls Ms. Cotting to testify.
BARBARA COTTING, Aide to Representative James, prime sponsor of
HB 351, states she will not say a lot about HB 351, since most
people are well-versed on it. There is a Senate State Affairs
Committee substitute. Ms. Cotting states HB 351 received a lot of
work in the house, and she feels it addresses everybody's concerns.
Number 569
CHAIRMAN LEMAN notes there was a similar bill, HB 237, before the
committee which had a similar concealed carry provision, and so has
heard much of the testimony relating to concealed carry.
SENATOR TAYLOR asks Ms. Cotting if Representative James has any
objection to the committee substitute.
MS. COTTING responds Representative James has no objection to the
committee substitute.
Number 578
CHAIRMAN LEMAN offers the Senate State Affairs Committee substitute
to HB 351 and asks if there is any objection. Hearing none, the
committee substitute is adopted. The chairman asks Ms. Babcock to
run through the changes in the committee substitute.
Number 582
PORTIA BABCOCK, Aide to the Senate State Affairs Committee, lists
the changes in the committee substitute.
TAPE 94-30, SIDE B
MS. BABCOCK continues with a run-down of the changes to HB 351.
Number 586
SENATOR TAYLOR asks how an applicant for a concealed carry permit
would know when the department has received the information needed
to process the permit application.
Number 582
MS. BABCOCK thinks the applicant would have to inquire that of the
Department of Public Safety. The average for receiving information
from the FBI is between 35 to 45 days.
SENATOR TAYLOR states he doesn't mean to slow anything down; it
just came to him, how would anyone know how long it takes.
Number 570
C.E. SWACKHAMMER, Deputy Commissioner, Department of Public Safety,
states the average time it takes to receive information from the
FBI is 26 days. It is anticipated that with the sex offender
(Oprah Winfrey) legislation that just passed, that time frame will
move up. The department thinks it will be able to comply with the
time frame set up in the bill.
Number 569
MS. BABCOCK proceeds with outlining the changes to HB 351.
Number 552
CHAIRMAN LEMAN asks what action types are there.
MS. BABCOCK responds the action types are revolver and semi-
automatic.
Number 550
SENATOR TAYLOR asks why put in the words "...but may not
specifically identify a handgun by make, model, or serial number."
Number 544
MS. BABCOCK replies it was to keep the bill from ever becoming a
gun registration mechanism.
Number 541
SENATOR TAYLOR relates an example of why we might want to require
the serial number of a gun.
Number 533
MS. BABCOCK states one of the concerns was that if a person was
qualified on ten different firearms, and had to give the make,
model, and serial number of those firearms, then the Department of
Public Safety will have record of all those handguns.
Number 524
CHAIRMAN LEMAN asks if that phrase would prevent someone from
providing that information if they wish to do so.
Number 521
MR. SWACKHAMMER responds the department would most likely not
collect that information.
Number 510
MS. BABCOCK continues detailing the changes to HB 351.
Number 464
SENATOR TAYLOR asks, on page 5, line 30, if "may" shouldn't be
"shall".
Number 455
MS. BABCOCK responds the intent is clear earlier on in the bill
that a background check will be done.
CHAIRMAN LEMAN states he thinks it should say "will", instead of
"may". The chairman asks that a note be made to check on that with
the bill drafter.
Number 448
MS. BABCOCK continues detailing the changes to HB 351.
Number 410
SENATOR TAYLOR states he wants to take a look at using the driver's
license format for concealed carry permits.
MR. SWACKHAMMER thinks that is a good idea, but the problem that
the department ran into was separating the license from the permit
in an instance where one is revoked and the other is not revoked.
Mr. Swackhammer suggests the use of a sticker on the driver's
license that would accomplish the same thing.
SENATOR TAYLOR thinks that if a person's driver's license is
revoked, there is probably a reason we would also want to revoke
their concealed carry permit. Senator Taylor also does not want
permittees to go for eight years before having to take
recertification classes. Senator Taylor believes police officers
must take recertification courses annually.
Number 375
MR. SWACKHAMMER states that police officers must qualify three
times a year, one of which is a supervised shoot. The Department
of Public Safety agrees with Senator Taylor that eight years is too
long a period to go before recertification is required.
Number 363
SENATOR TAYLOR thinks the permit renewal should go to every five
years, with recertification courses concurrent with renewal.
Number 356
CHAIRMAN LEMAN asks that Senator Taylor's comment be noted.
Number 354
MS. BABCOCK continues detailing the changes to HB 351.
Number 343
SENATOR TAYLOR asks why, as specified on page 7, the Department of
Public Safety is only going to take a thumbprint to verify the set
of prints the applicant brings in. Why is the department not
taking the prints itself.
Number 338
MR. SWACKHAMMER responds the intent is to keep the applicant from
having to go out and get another complete set of prints taken. The
department is not going to put the prints into the fingerprint
system. That is on the renewal stage only.
SENATOR TAYLOR asks why the department won't take the prints, when
they have the equipment available.
MR. SWACKHAMMER replies the department does not have the equipment ent
available.
SENATOR TAYLOR asks why we would want to allow someone to make
their own fingerprints.
MR. SWACKHAMMER responds there are approved places where people can
get fingerprints taken. It is the intent to specify in regulation
that applicants must get fingerprints taken at approved locations.
CHAIRMAN LEMAN asks if there will be commercial places where people
can get fingerprints taken.
MR. SWACKHAMMER responds that there are already commercial places
where people can get fingerprints taken.
SENATOR TAYLOR asks Mr. Swackhammer where the language is in HB 351
giving the department the authority to set up regulations stating
where fingerprints shall be taken. Senator Taylor states without
the authority, the department cannot set up regulations.
MR. SWACKHAMMER responds there is a section in the back of HB 351
giving the department the authority to set up regulations to
implement specific sections of the bill.
Number 305
SENATOR TAYLOR asks where the section is for setting up regulations
on fingerprints.
(At this point, there is a lot of static on the tape and the answer
is not discernable.)
SENATOR TAYLOR wants language inserted stating fingerprints will be
taken at an approved site.
Number 295
CHAIRMAN LEMAN announces it is his intent to hold HB 351 over until
Wednesday's hearing. Items of concern will be worked on between
now and Wednesday.
Number 290
MS. BABCOCK continues detailing the changes to HB 351.
Number 269
SENATOR MILLER asks for clarification on whether not having a
concealed carry permit was only a violation if that person was
carrying a concealed weapon.
MS. BABCOCK states the bill specifies that a permittee will carry
the permit at all times the permittee carries a concealed weapon.
MR. SWACKHAMMER comments that requiring a permittee to carry a
permit at all times, even when not carrying a concealed weapon,
would be like requiring someone to carry their driver's license
while walking down the street.
CHAIRMAN LEMAN adds he has been asked for his driver's license at
times when he wasn't driving.
MS. BABCOCK continues detailing the changes to HB 351.
Number 248
SENATOR TAYLOR asks what people are going to do in instances where
they are not allowed to carry a concealed weapon. He gives an
example of a woman who is carrying a gun for personal protection,
and asks what this woman is going to do when she goes to her
child's school, to the court house, to the bank, and to the woman's
shelter-all in one day, while trying to carry a concealed weapon.
Number 224
MS. BABCOCK responds the primary place concealed weapons will not
be allowed is in a bar. Ms. Babcock continues detailing the
changes to HB 351.
Number 211
SENATOR TAYLOR asks what the current regulations are concerning the
carrying of weapons by off-duty police officers.
Number 207
MR. SWACKHAMMER responds he can only speak for the Department of
Public Safety officers. Anytime an officer is consuming alcohol,
he is not to be armed. There are no other restrictions. DPS's
regulations deal solely with the consumption of alcohol.
Number 195
SENATOR MILLER asks how HB 351 would apply to a restaurant that has
an alcohol license.
MS. BABCOCK responds it is already in law that a weapon, whether
carried openly or concealed, cannot be carried in places where
alcohol is sold for consumption on the premises.
SENATOR MILLER asks if an off duty police officer could carry a
loaded weapon in a place where alcohol is served.
MS. BABCOCK asks if it is in statute that officers are exempt from
that law.
MR. SWACKHAMMER responds it is not. (Apparently off-duty police
officers are allowed to carry a loaded weapon in a place where
alcohol is served for consumption on the premises, as long as the
officers are not consuming alcohol.)
SENATOR MILLER comments that is a double-standard.
CHAIRMAN LEMAN asks if an unloaded firearm could be carried.
MS. BABCOCK responds they could.
SENATOR TAYLOR comments people aren't going to go through the
process of unloading their weapon.
(At this point, there are several different conversations going on
around the committee table. There is general discussion of a
double-standard in relation to the carrying of a firearm by a
private individual and the carrying of a firearm by an off-duty
police officer.)
Number 171
MS. BABCOCK continues detailing the changes to HB 351.
Number 127
SENATOR TAYLOR asks what the other prohibited weapons would be.
Number 121
MS. BABCOCK responds those would be switch blades, explosives,
gravity knives, brass knuckles, etcetera.
MS. BABCOCK continues detailing the changes to HB 351.
Number 094
SENATOR TAYLOR is concerned that citizens are being required to
meet higher standards than those police officers are required to
meet. Senator Taylor wants a system that encourages people to seek
treatment for alcohol problems, not discourage seeking help. He
asks Mr. Swackhammer how he thinks the standards police officers
are required to meet and those citizens are required to meet could
be made more equitable.
Number 050
MR. SWACKHAMMER says the difference between a police officer and a
private citizen is that the police officers can be much more highly
supervised than the general citizenry.
Number 027
SENATOR TAYLOR asks if it will be possible for an applicant to have
somewhat of a checkered past.
MR. SWACKHAMMER responds he does not have a copy of the Alaska
Police Standards Council regulations...
TAPE 94-31, SIDE A
Number 001
MR. SWACKHAMMER outlines the guidelines for dealing with drug and
alcohol use by police officers and recruits. Mr. Swackhammer
states that police officers are held to much higher standards that
other citizens.
Number 035
SENATOR TAYLOR states he asks because there have always been
problems with substance abuse in high-stress occupations, and he
wants to make sure there is a half-way level playing field. He
does expect a higher standard where officers are concerned.
Senator Taylor relates an incident in which an intoxicated police
officer discharged all six rounds from his revolver inside the
police station. Senator Taylor asks if an officer can get
treatment and not lose his career.
MR. SWACKHAMMER responds yes. An officer would be on probationary
status for a long time after treatment.
CHAIRMAN LEMAN asks Ms. Babcock if she has further comments.
MS. BABCOCK replies she has none at this time.
CHAIRMAN LEMAN asks Mr. Swackhammer for the department's position
regarding the changes to HB 351.
Number 100
MR. SWACKHAMMER states for the record that he appreciates
Representative James and Senator Leman's office for addressing the
concerns of the Department of Public Safety. The department does
support the changes; the department believes they are reasonable.
If a bill must be passed, HB 351 would be the best vehicle.
CHAIRMAN LEMAN asks Mr. Swackhammer if the department believes the
bill has the protections the department believes are necessary.
Number 106
MR. SWACKHAMMER responds it does.
Number 108
MS. BABCOCK adds there is one additional change that should be made
to the cs to HB 351. The change is on page 9, line 21 of the cs.
The language in the cs states the department and its' employees are
not liable. This language was changed in House Judiciary to
specify that the state and its' officers and employees are not
liable. She recommends incorporating House Judiciary's language
into the cs.
Number 120
SENATOR TAYLOR makes a motion to amend the Senate State Affairs
Committee substitute. On page 9, line 21, delete the word
"department", insert the word "state".
CHAIRMAN LEMAN asks if there is any objection to that amendment.
Hearing none, the chairman states amendment #1 has been adopted.
SENATOR TAYLOR offers amendment #2. On page 2, line 29, a
conceptual amendment which would make certain that fingerprints
would be taken at an approved site.
Number 138
CHAIRMAN LEMAN asks if there is any objection to amendment #2.
Hearing none, the chairman states amendment #2 has been adopted.
SENATOR TAYLOR offers amendment #3. On page 3, line 20, change the
word "four" to the word "five". Senator Taylor wants to tie in the
permitting process and the refresher courses with the driver's
licenses.
Number 157
CHAIRMAN LEMAN asks Senator Taylor if the committee can wait until
Wednesday to take up that set of amendments.
SENATOR TAYLOR discusses amendment #3.
Number 173
CHAIRMAN LEMAN thinks that the set of amendments involved in
amendment #3 are linked. He would like to hear testimony on
amendment #3 on Wednesday.
SENATOR TAYLOR does not think it is too much of a burden to require
people to take a recertification course once every five years.
Number 183
MS. BABCOCK comments that the only problem that might occur in
coordinating driver's licenses with concealed carry permits is
keeping up with revocations or suspensions.
SENATOR TAYLOR thinks that if a person has enough violations to
cause their driver's license to be suspended, then perhaps they
should not be carrying a concealed weapon either.
MS. BABCOCK responds the Department of Public Safety was more
concerned about revoking the permit to carry a concealed weapon.
MR. SWACKHAMMER thinks the department can accommodate showing
concealed carry permits on ADL's (Alaska Driver's Licenses) through
a sticker system.
SENATOR TAYLOR says as long as it is really visible that would be
okay. He would rather have it right on the license, though.
Number 207
CHAIRMAN LEMAN suggests the committee might not want to restrict
the department's ability to use new technology as it is developed.
Number 215
SENATOR TAYLOR says if a person gets themself in a situation where
either their ADL or their permit to carry is revoked, they should
have to come back in and get a new license.
Number 222
MS. BABCOCK states there is one other minor change that needs to be
made on page 13, line 6 of the committee substitute. The words "or
impose" should be inserted between the words "remove" and "a".
CHAIRMAN LEMAN states he will move that amendment as amendment #3.
The chairman asks if there is any objection. Hearing none, the
amendment has been adopted.
Number 236
CHAIRMAN LEMAN states the other conceptual amendments will be held
until Wednesday.
SENATOR TAYLOR asks Mr. Swackhammer if those amendments would
change the department's position on HB 351.
MR. SWACKHAMMER responds that the Department of Public Safety does
not support the concept of permitting for concealed carry, but if
the legislature is going to pass a bill, HB 351 is the best form.
SENATOR TAYLOR states he is asking because the Governor has
indicated that he will sign this into law, as long as it meets with
concerns that have been raised by the Department of Public Safety.
Senator Taylor asks if HB 351 is meeting those concerns.
MR. SWACKHAMMER responds it is meeting the concerns of the
department.
CHAIRMAN LEMAN adjourns the meeting of the Senate State Affairs
Committee meeting.
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