02/01/2022 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB136 | |
| SB147 | |
| SB145 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 16 | TELECONFERENCED | |
| + | SB 136 | TELECONFERENCED | |
| *+ | SB 147 | TELECONFERENCED | |
| *+ | SB 145 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 1, 2022
3:32 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator Lora Reinbold, Vice Chair
Senator Mia Costello
Senator Roger Holland
Senator Scott Kawasaki
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 136
"An Act relating to firearms and other weapons restrictions."
- HEARD & HELD
SENATE BILL NO. 147
"An Act requiring the Department of Administration to allow
individuals to execute an anatomical gift when renewing a
driver's license; and establishing April of each year as Donate
Life Month."
- HEARD & HELD
SENATE BILL NO. 145
"An Act relating to per diem for legislators; and providing for
an effective date."
- HEARD & HELD
HOUSE JOINT RESOLUTION NO. 16
Encouraging the United States Congress to pass legislation
granting the Hmong veterans of the Vietnam War access to the
same veteran benefits received by United States veterans.
- HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 136
SHORT TITLE: LIMITATIONS ON FIREARMS RESTRICTIONS
SPONSOR(s): SENATOR(s) MYERS
05/05/21 (S) READ THE FIRST TIME - REFERRALS
05/05/21 (S) CRA, STA
05/11/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/11/21 (S) -- MEETING CANCELED --
05/13/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/13/21 (S) Heard & Held
05/13/21 (S) MINUTE(CRA)
05/18/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/18/21 (S) Moved CSSB 136(CRA) Out of Committee
05/18/21 (S) MINUTE(CRA)
05/19/21 (S) CRA RPT CS 2DP 1DNP SAME TITLE
05/19/21 (S) DP: HUGHES, MYERS
05/19/21 (S) DNP: GRAY-JACKSON
02/01/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 147
SHORT TITLE: ORGAN DONATION; ADL RENEWAL
SPONSOR(s): SENATOR(s) COSTELLO
01/18/22 (S) PREFILE RELEASED 1/7/22
01/18/22 (S) READ THE FIRST TIME - REFERRALS
01/18/22 (S) STA
02/01/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 145
SHORT TITLE: LEGISLATOR RETROACTIVE PER DIEM
SPONSOR(s): SENATOR(s) HOLLAND
01/18/22 (S) PREFILE RELEASED 1/7/22
01/18/22 (S) READ THE FIRST TIME - REFERRALS
01/18/22 (S) STA, FIN
02/01/22 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR ROBERT MEYER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 136.
MICHAELA ANDERSON, Staff
Senator Robert Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 136 on behalf of the sponsor.
AOIBHEANN CLINE, Esq., Northwest Regional Director
National Rifle Association (NRA)
Fairfax, Virginia
POSITION STATEMENT: Answered questions during the hearing on SB
136.
KATIE MCCALL, Staff
Senator Mia Costello
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 147 on behalf of the sponsor.
JEFFREY SCHMITZ, Director
Division of Motor Vehicles (DMV)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
147.
ACTION NARRATIVE
3:32:16 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 3:32 p.m. Present at the call to
order were Senators Holland, Costello, Kawasaki, and Chair
Shower. Senator Reinbold arrived soon thereafter.
SB 136-LIMITATIONS ON FIREARMS RESTRICTIONS
3:32:56 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 136
"An Act relating to firearms and other weapons restrictions."
3:33:56 PM
SENATOR ROBERT MEYER, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 136 stated that this legislation seeks to protect
the Second Amendment right of citizens during a disaster
declaration.
3:34:27 PM
MICHAELA ANDERSON, Staff, Senator Robert Meyer, Alaska State
Legislature, Juneau, Alaska, stated that SB 136 was introduced
as a companion to HB 179. These bills address the closure of gun
stores, munition stores, and firing ranges during the COVID-19
pandemic because they were deemed nonessential. She stressed
that this threatened Second Amendment rights.
MS. ANDERSON explained that SB 136 clarifies the extent of the
emergency authority granted during an emergency declaration
regarding the Second Amendment and the constitutional right to
keep or bear arms. SB 136 states that during a disaster
declaration, [the governor, a state agency, or a municipality]
may not forbid possession, use, or transfer of a firearm, a
firearm accessory, ammunition, or other weapon for personal use.
The bill also states that closures or limitations on commerce
must be applied equally to all forms of commerce.
MS. ANDERSON reported that last month a three-judge panel for
the U.S. Court of Appeals for the Ninth Circuit ruled that it
was a violation of Second Amendment rights for Los Angeles
County to have ordered the closure of gun stores and shooting
ranges in 2020 in response to the COVID-19 pandemic.
3:34:58 PM
SENATOR REINBOLD joined the committee.
3:35:49 PM
MS. ANDERSON presented the following sectional analysis for SB
136:
[Original punctuation provided.]
Section 1.
Adds new sections to Article 5 of AS 44.99.
a) Establishes that notwithstanding a disaster
emergency declared under AS 26.23.020, a state or
municipal agency may not impose the following:
a. Forbid the possession, use, or transfer of a
firearm, a firearm accessory, ammunition, or
other weapon for personal use.
b. Order the seizure or confiscation of a
firearm, a firearm accessory, ammunition, or
other weapon for personal use.
c. Limit the quantity or place other
restrictions on the sale or service of
firearms, firearm accessories, ammunition,
or other weapons for personal use.
d. Unless the closure or limitation applies
equally to all forms of commerce within the
jurisdiction, close or limit the operating
hours of the following:
i. An entity engaged in the sale or
service of firearms, firearm
accessories, ammunition, or other
weapons for personal use, or
ii. An indoor or outdoor shooting range.
e. Suspend or revoke a permit to carry a
concealed handgun issued under AS 18.65.700,
except as provided in AS 18.65.735 and
18.65.740; or
f. Refuse to accept an application to carry a
concealed handgun, provided the application
contains the information required under AS
18.65.710.
b) Establishes that this section does not apply to
the possession of a firearm, a firearm accessory,
ammunition, or other weapon by a person who is
prohibited from legally possessing a firearm, a
firearm accessory, ammunition, or other weapon
under state law.
c) Establishes that a person may bring a civil
action in superior court if the person is
adversely affected by a violation of (a) of this
section, and the person is the following:
a. Qualified under state law to possess a
firearm, a firearm accessory, ammunition, or
other weapon; or
b. A membership organization consisting of two
or more individuals eligible under (1) of
this subsection that is dedicated in whole
or in part to the protection of the rights
of persons who possess or use firearms or
other weapons.
d) Notwithstanding AS 09.17.020(f) - (h), a
prevailing plaintiff under (c) of this section
may recover.
a. The greater amount of actual economic
damages or punitive damages in the amount of
three times the plaintiff's attorney fees.
b. Court costs; and
c. Attorney fees.
e) Defines "State or Municipal Agency" to include
the following: University of Alaska or a
department, institution, board, commission,
division, council, committee, authority, public
corporation, school district, regional
educational attendance area, or other
administrative unit of a municipality or of the
executive, judicial, or legislative branch of
state government, and includes employees of those
entities.
Section 2.
Repeals AS 44.99.500(g)(1) which is the definition of
a firearm accessory
3:36:54 PM
CHAIR SHOWER asked if this not only defines what the state can
and cannot do during a disaster declaration, but also limits
what the state will do in cooperating with federal laws.
SENATOR MEYER replied the bill does not directly address what
the state can and cannot do regarding federal laws, but the
state would not help with a federal policy by issuing an order
or proclamation.
CHAIR SHOWER asked if his expert witness might have thoughts on
this considering what is happening in the rest of the country.
SENATOR MEYER said he would like to hear what Ms. Cline has to
say because she is tracking the national movement.
3:39:40 PM
AOIBHEANN CLINE, Esq., Northwest Regional Director, National
Rifle Association (NRA), Fairfax, Virginia, stated that SB 136
is drafted solely to apply to state and municipal actions.
However, the 9th Circuit Court of Appeals held in a federal case
that such actions were unconstitutional when applied by a county
ordinance.
CHAIR SHOWER asked if the federal case related to a municipal
action that was struck down as unconstitutional.
MS. CLINE replied it was a municipal ordinance in Los Angeles
County that restricted access to gun stores and ranges. A
federal three-judge panel recently ruled that was
unconstitutional under the Second Amendment of the U.S.
Constitution.
3:40:44 PM
SENATOR REINBOLD offered her reading of the language on page 1,
line 5 of the original version of SB 136, which was contrary to
her understanding of the sponsor's intent.
CHAIR SHOWER observed that she was reading from the version that
was not before the committee.
SENATOR MEYER explained that the term "notwithstanding" created
confusion in the first committee of referral and it was removed.
The point was and is that despite a disaster declaration, there
are certain things [the governor, a state agency, or a
municipality] may not do. These entities may not limit
individuals' Second Amendment rights just because a disaster was
declared.
SENATOR REINBOLD read Sec. 44.99.510, which was followed by
paragraphs (1)-(6) that delineate the actions that would be
prohibited.
(a) During a disaster emergency declared under AS
26.23.020, the governor, a state agency, or a
municipality may not issue or adopt an order,
proclamation, regulation, ordinance, or policy
She called it a good change but articulated her preference for
language that says nothing in the constitution can be suspended
during an emergency, only during Martial Law which only lasts 30
days. She warned that she may offer amendments to the bill.
3:43:25 PM
CHAIR SHOWER said he appreciates the bill because constitutional
rights are based on reason and the hurtle to suspend those
should be high. He acknowledged that Marshal Law may be
warranted, depending on the level of the crisis. He mentioned
Hurricane Katrina and relayed stories he heard that many people
chose not to evacuate and that police went door to door
confiscating weapons. He said this left people essentially
defenseless to protect their homes. It is an example of why
constitutional rights should be protected, he said.
He found no questions or comments and asked the sponsor if he
had any closing comments.
3:45:33 PM
SENATOR MEYER thanked the committee for hearing the bill.
CHAIR SHOWER held SB 136 in committee.
SB 147-ORGAN DONATION; ADL RENEWAL
3:46:00 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 147
"An Act requiring the Department of Administration to allow
individuals to execute an anatomical gift when renewing a
driver's license; and establishing April of each year as Donate
Life Month."
3:46:45 PM
KATIE MCCALL, Staff, Senator Mia Costello, Alaska State
Legislature, Juneau, Alaska, introduced SB 147 on behalf of the
sponsor. She stated that this legislation seeks to make it
easier for Alaskans to register as an organ donor and have that
designation appear on their driver's license. A larger registry
of donors will facilitate these lifegiving transplants. SB 147
requires the Division of Motor Vehicles to give individuals who
are renewing their driver's license by mail or online the option
to be an organ donor. She directed attention to the sample
application on slide 2 that highlights the optional designators
on the D1 driver license application form. The "organ donor"
option will now be on the renewal forms.
MS. MCCALL reported that according to Life Center Northwest, 150
people in Alaska are wait-listed for an organ transplant and
over 100,000 are wait-listed in the U.S. SB 147 recognizes the
importance of organ donation by establishing April of each year
as "Donate Life Month." This aligns with National Donate Life
Month that is also in April.
She turned to slide 4 that describes in detail the uses for
donated organs, bones, connective tissue, corneas, skin, and
veins. She concluded the presentation highlighting that one
organ and tissue donor can save or significantly improve the
lives of over 100 recipients.
3:49:42 PM
MS. MCCALL presented the sectional analysis for SB 147.
[Original punctuation provided.]
Sec. 1 AS 28.15.101 Page 1, Lines 5-14, Page 2,
Lines 1-3
Is amended by adding a new subsection requiring the
Division of Motor Vehicles to provide the option for
individuals to become an organ, eye, and tissue donor
when renewing their driver's license by mail or on the
department's website.
This section also requires the department to provide
information detailing the procedure for organ, eye,
and tissue donation on their website, and in a
brochure sent to each person who renews their driver's
license by mail.
Under this section, the department is also required to
notify the individual renewing their driver's license
that the information on their license will be
transmitted to the statewide donor registry.
This section requires the department to direct the
licensee to notify a procurement organization or the
department if their license is destroyed, or if the
donor revokes their anatomical gift.
This section also requires the department to carry out
the requirements of Chapter 50, Anatomical Gifts
Registry.
Sec. 2 AS 44.12 Page 2, Lines 4-8
Is amended by adding a new section, AS 44.12.190,
establishing April of each year as Donate Life Month.
3:51:42 PM
CHAIR SHOWER asked for a brief description of the fiscal note.
MS. MCCAL relayed that the Division of Motor Vehicles estimates
that 10 programing hours at $115 per hour will be required to
add information about organ donor options to the website. The
estimate to mail brochures about organ donation to individuals
renewing by mail is $379 annually.
CHAIR SHOWER asked the sponsor if she would like to speak to the
bill.
3:53:32 PM
SENATOR COSTELLO stated that she serves on the Life Alaska Board
and it was there she learned that individuals must renew their
driver's license in person if they want the organ donor
designation on their driver's license. SB 147 allows an
individual to become a donor when renewing their license either
online or by mail.
CHAIR SHOWER observed that the bill could make a statistically
significant difference in the number of donations.
SENATOR HOLLAND asked if the organ donor designation continues
for individuals who renew their driver's license online.
SENATOR COSTELLO offered her understanding that the organ donor
website houses the list of donors, but it is easy to identify a
donor by the red heart on an individual's driver's license. She
deferred further explanation to Ms. McCall.
MS. MCCALL suggested that the following section of statute
provides the answer. She read:
Sec. 13.50.140. Notification of cancellation.
(a) A donor whose motor vehicle or identification
document information is on a registry shall notify a
procurement organization or the department of the
destruction or mutilation of the motor vehicle or
identification document or revocation of the gift
under AS 13.52.183 in order to remove the donor's name
from a registry. If the procurement organization that
is notified does not maintain a registry, the
organization shall notify all procurement
organizations that do maintain a registry.
MS. MCCALL suggested the foregoing clarifies that the individual
would need to notify the organization that has the registry.
CHAIR SHOWER asked Jeffrey Schmitz to respond to the question.
3:57:20 PM
JEFFREY SCHMITZ, Director, Department of Administration (DOA),
Division of Motor Vehicles (DMV), Anchorage, Alaska, explained
that individuals who go to the DMV to apply for a driver's
license are asked whether they want to be an organ donor. This
option is also available in the online application, but the
individual must select the donor option to move forward with the
process. Somebody who uses a paper application also has the
option to select the organ donor box but there is no prompt if
they fail to notice that option. He said that may be the impetus
for the bill but it is important to understand that the option
to be an organ doner is available regardless of how an
individual renews their driver's license.
3:59:17 PM
CHAIR SHOWER held SB 147 in committee.
SB 145-LEGISLATOR RETROACTIVE PER DIEM
3:59:39 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 145
"An Act relating to per diem for legislators; and providing for
an effective date."
4:00:17 PM
SENATOR ROGER HOLLAND, speaking as sponsor of SB 145, read the
sponsor statement into the record:
[Original punctuation provided.]
In 2018, the legislature passed an ethics reform bill
in HB 44. This legislation was deemed substantially
similar to a citizen's initiative signed by over
40,000 Alaskans Removing the issue from the ballot.
One of the key components of the initiative was to end
per diem payments if a budget had not been passed by
the end of the 121-day session, and not to allow per
diem payments to resume until after a budget had been
passed. The public reportedly viewed this provision as
an incentive for legislators to finish their work
without subjecting government employees to the
uncertainty brought on by perpetual pink slips.
To the dismay of many supporters of the initiative,
legislative council later decided that legislators
could receive retroactive back-pay for their missed
per diem payments once the budget passed. This
apparent circumvention of the process strikes many
voters as dishonest and erodes public trust. Very
simply, the lack of per diem payments provides an
incentive to finish our one true job of providing a
budget in a timely fashion before the end of the
regular session. Allowing either per diem payments or
retroactive per diem payments creates an incentive to
not pass a budget on time.
SB 145 seeks to remedy the situation by prohibiting
retroactive per diem payments after a failure to pass
a budget during the regular session and disallowing
per diem payments to resume until after a budget is
passed. I believe this bill takes a step toward
restoring that public's trust and aligns the law with
the intent of the citizens.
4:02:27 PM
SENATOR HOLLAND presented the sectional analysis for SB 145.
[Original punctuation provided with some formatting changes.]
Sec. 1
Amends AS 24.10.130(b), relating to legislative per
diem, to prohibit the retroactive authorization of per
diem for legislators beginning the day after the 121st
day of the legislative session until the day a fully
funded operating budget is passed by the legislature.
Sec. 2
Provides for an immediate effective date.
4:03:02 PM
SENATOR HOLLAND summarized that the fiscal impact of SB 145 is
indeterminate because nobody knows how many days it will take to
pass an operating budget after the 121st day of a regular
session.
He added that enacting this legislation will result in savings
because per diem would not be paid after day 121.
CHAIR SHOWER offered his belief that this would not be an
additive cost.
SENATOR HOLLAND said the simple reading of the statute is that
legislators are not entitled to per diem after day 121 if the
budget has not passed. SB 145 clarifies that per diem may not be
paid retroactively.
4:04:42 PM
SENATOR REINBOLD said she likes the bill and it matches the
intent of the ballot initiative.
CHAIR SHOWER commented on learning about the ballot initiative
and per diem when he was a freshman legislator. He expressed
appreciation that SB 145 clarifies and codifies what happens.
4:07:06 PM
SENATOR HOLLAND commented that the legislature paid per diem
retroactively but has not been honoring the statutory PFD. He
opined that SB 145 will go a long way toward putting faith and
confidence back in the legislature.
CHAIR SHOWER said this puts downward pressure on legislators to
do the right thing.
4:09:12 PM
CHAIR SHOWER held SB 145 in committee for future consideration.
4:09:46 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 4:09 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 147 Hearing Request 1.31.22.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 147 Presentation 2.1.22.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 147 Sponsor Statement.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 147 Support Letter Life Alaska.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 147 v. B Sectional Analysis.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 147 v. B.PDF |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 136_Testimony - Received as of 5.13.2021.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 136 |
| SB 147 Fiscal Note 2348 - DOA.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 145 Sectional Analysis.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 145 |
| SB 145 Sponsor Statement.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 145 |
| SB 145 Legislation Version A.PDF |
SSTA 2/1/2022 3:30:00 PM |
SB 145 |