SENATE BILL 141 "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms." Representative Kohring recommended "lumping" the remaining amendments #3, #4, #5, #6, #8 & #9 together into one amendment. Co-Chair Therriault replied that to date, the Committee has not cut-off members debate, noting that action would not be taken. Representative J. Davies MOVED to adopt Amendment #3. [Copy on file]. Co-Chair Therriault OBJECTED. Representative J. Davies explained that the amendment would add include a stipulation clarifying that the applicant not have been convicted of a domestic violence crime within a six year period. TUCKERMAN BABCOCK, STAFF, SENATOR LYDA GREEN, spoke to AS 11.61.200(a)(8) & (9) which prohibits the possession of a fire arm while a person is committing a trespass in the first or second degree while in violation of a court order or communicating with another person in violation of a 2 domestic violence order. Representative J. Davies pointed out that the referenced standards were specific, whereas, the amendment stipulates the six year historical standard. A roll call vote was taken on the MOTION. IN FAVOR: Grussendorf, J. Davies OPPOSED: Kohring, Martin, G. Davis, Foster, Therriault, Hanley Representatives Kelly, Moses and Mulder were not present for the vote. The MOTION FAILED (2-6). Representative J. Davies MOVED to adopt Amendment #4. [Copy on file]. Co-Chair Therriault OBJECTED. Representative J. Davies explained that Amendment #4 would add further clarification of when a person would be in violation of a notice as provided in section (c). Mr. Babcock commented that section would change the criminal trespass statutes for all criminal trespass in Alaska and would not be limited to addressing permits or related to firearms. A roll call vote was taken on the MOTION. IN FAVOR: J. Davies, Grussendorf OPPOSED: Kohring, Martin, G. Davis, Foster, Therriault Representatives Kelly, Moses, Mulder and Hanley were not present for the vote. The MOTION FAILED (2-5). Representative J. Davies MOVED to adopt Amendment #5. [Copy on file]. Co-Chair Therriault OBJECTED. Representative J. Davies explained that Amendment #5 would require that an applicant not be suffering from mental illness as defined in AS 47.30.915 within the past six years. Mr. Babcock commented that under federal law, anyone who has been adjudicated or committed to a mental institution would be prohibited from possessing any firearm. Representative Grussendorf questioned how thorough the background checks were. Mr. Babcock responded that the Department of Public Safety (DPS) provides a background check requiring that a set of finger prints be taken. It is 3 important when denying someone a privilege under state law that there be a demarkation point rather than just a doctor's recommendation. He stressed that Senator Green would be more comfortable dealing with a set standard. A roll call vote was taken on the MOTION. IN FAVOR: J. Davies, Grussendorf OPPOSED: Kohring, Martin, G. Davis, Foster, Therriault Representatives Moses, Mulder, Kelly and Hanley were not present for the vote. The MOTION FAILED (2-5). Representative J. Davies MOVED to adopt Amendment #6. [Copy on file]. Co-Chair Therriault OBJECTED. Representative J. Davies noted that Amendment #6 would provide that a person ordered by a court to complete an alcohol treatment program or substance abuse program, not be allowed to apply for three years following the completion of the program. Mr. Babcock responded that current law would only affect certain persons already banned under federal law from carrying a firearm. The only people affected by the proposed amendment would be people who had successfully completed an alcohol or drug abuse program. Representative J. Davies argued that if a person had been ordered by a court to complete an alcohol treatment program, would suggest that person has evidence of abuse of alcohol or drugs. A roll call vote was taken on the MOTION. IN FAVOR: J. Davies, Grussendorf OPPOSED: Martin, G. Davis, Foster, Kohring, Therriault Representatives Moses, Mulder, Kelly, and Hanley were not present for the vote. The MOTION FAILED (2-5). Representative J. Davies MOVED to adopt Amendment #8. [Copy on file]. Co-Chair Therriault OBJECTED. Representative J. Davies explained that Amendment #8 would specify that victims of domestic violence, employees or volunteers of domestic violence shelters, would not be liable for any injury caused in the course of defending themselves or others in the shelter against attack. 4 Mr. Babcock stated that would be limited to a conceal carry permit statute as opposed to limiting the liability for the employee. He suggested that it would apply only to Section 18.65 involving concealed permits. Representative J. Davies noted that shelter operators have requested that concealed carried weapons be specifically excluded from shelters. If a person is carrying openly, the shelter operators would be more comfortable. If the State makes a public policy decision for those in the shelter, inclusion of the proposed language would address the potential threats. Mr. Babcock made no comment. Representative Martin suggested that inclusion of the language could make the shelters much safer. Mr. Babcock noted that Senator Green would have no objection to the concept, although, how it would apply and what the legal ramifications would be have not been considered. A roll call vote was taken on the MOTION. IN FAVOR: J. Davies, Grussendorf, Martin OPPOSED: G. Davis, Foster, Kohring, Therriault Representatives Moses, Mulder, Kelly, and Hanley were not present for the vote. The MOTION FAILED (3-4). Representative J. Davies MOVED to adopt Amendment #9. [Copy on file]. He explained that the amendment would prohibit the use of a handgun on a school bus or school sanctioned event. Representative Kohring OBJECTED for the purpose of discussion. Mr. Babcock commented that Senator Green suggested that the prohibition would be better placed in AS 11.61.210(a)(7) along with the language limiting firearms on school property. He suggested that information was clear that it would be prohibitive without the authorization of a school administrator. Representative J. Davies WITHDREW the original Amendment #9 and MOVED a new Amendment #9. [Copy on file]. He explained that the new amendment would use the language that was in the original Amendment #9 and would be added to subsection (7) & (8). There being NO OBJECTION, it was adopted. CYNTHIA HORA, DEPUTY ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, spoke to whether posting signs in public 5 places would create a sufficient basis for a criminal trespass charge. She pointed out that even if a sign was posted, the individual would have to be confronted before a criminal trespass conviction could be brought forward. She advised that Amendment #4 would address the Department's recommended coverage. Mr. Babcock commented that the amendment is not a concern with regard to evidence of misconduct on either the part of the concealed weapon holder or anyone who wishes to carry openly in a public building. He stated that the primary concern which the amendment would address would be to make a major revision in the criminal trespass statute regarding access to public buildings. He reiterated that all concerns of the Department of Public Safety have been address in SB 141. (Tape Change HFC 97-127, Side 2). Co-Chair Hanley MOVED to report HCS CS SB 141 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. Representative Grussendorf OBJECTED to ask a question regarding the fiscal notes. He pointed out that the initial bill operated from program receipts, and had an added supplemental request. Representative Grussendorf noted that the fees had once again been reduced. Mr. Babcock commented that the Department of Public Safety has expressed concern that without an increase in volume, there would be a deficit in program receipts. The Alaska Peace Officers Association objects to lowering the fees. Following discussion regarding the fiscal impact, Representative Grussendorf WITHDREW the OBJECTION to moving the bill from Committee. There being no further objection, it was so moved. HCS CS SB 141 (FIN) was reported out of Committee with "individual recommendations" and with fiscal notes by the Department of Public Safety, two dated 3/26/97 and one dated 4/3/97.