03/29/2013 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB81 | |
| HB83 | |
| SB36 | |
| HB69 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 24 | TELECONFERENCED | |
| + | HB 81 | TELECONFERENCED | |
| + | HB 83 | TELECONFERENCED | |
| += | SB 36 | TELECONFERENCED | |
| = | HB 69 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 29, 2013
1:36 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Fred Dyson
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Lesil McGuire, Vice Chair
Senator Donald Olson
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 24(JUD)
"An Act relating to self-defense in any place where a person has
a right to be."
- MOVED CSHB 24(JUD) OUT OF COMMITTEE 3/27/13
HOUSE BILL NO. 81
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 83(JUD)
"An Act relating to certain federal statutes, regulations,
presidential executive orders and actions, and secretarial
orders and actions; relating to the duties of the attorney
general; and providing for an effective date."
- HEARD & HELD
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 36
"An Act relating to missing vulnerable adult prompt response and
notification plans."
- MOVED CSSSSB 36(JUD) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 69(JUD)
"An Act exempting certain firearms, firearm accessories, and
ammunition in this state from federal regulation; declaring
certain federal statutes, regulations, rules, and orders
unconstitutional under the Constitution of the United States and
unenforceable in this state; providing criminal penalties for
federal officials who enforce or attempt to enforce a federal
statute, regulation, rule, or order regulating certain firearms
and firearm accessories in this state; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 81
SHORT TITLE: 2013 REVISOR'S BILL
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL
01/22/13 (H) READ THE FIRST TIME - REFERRALS
01/22/13 (H) JUD
03/01/13 (H) JUD AT 1:00 PM CAPITOL 120
03/01/13 (H) Heard & Held
03/01/13 (H) MINUTE(JUD)
03/04/13 (H) JUD AT 1:00 PM CAPITOL 120
03/04/13 (H) Heard & Held
03/04/13 (H) MINUTE(JUD)
03/11/13 (H) JUD AT 1:00 PM CAPITOL 120
03/11/13 (H) Moved Out of Committee
03/11/13 (H) MINUTE(JUD)
03/13/13 (H) JUD RPT 5DP
03/13/13 (H) DP: GRUENBERG, LYNN, LEDOUX, FOSTER,
KELLER
03/15/13 (H) TRANSMITTED TO (S)
03/15/13 (H) VERSION: HB 81
03/18/13 (S) READ THE FIRST TIME - REFERRALS
03/18/13 (S) JUD
03/29/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 83
SHORT TITLE: FEDERAL LAWS & EXECUTIVE ORDERS
SPONSOR(s): KELLER
01/22/13 (H) READ THE FIRST TIME - REFERRALS
01/22/13 (H) JUD
02/08/13 (H) JUD AT 1:00 PM CAPITOL 120
02/08/13 (H) Heard & Held
02/08/13 (H) MINUTE(JUD)
02/18/13 (H) JUD AT 1:00 PM CAPITOL 120
02/18/13 (H) Scheduled But Not Heard
02/25/13 (H) JUD AT 1:00 PM CAPITOL 120
02/25/13 (H) Scheduled But Not Heard
02/27/13 (H) JUD AT 1:00 PM CAPITOL 120
02/27/13 (H) Heard & Held
02/27/13 (H) MINUTE(JUD)
03/04/13 (H) JUD AT 1:00 PM CAPITOL 120
03/04/13 (H) Moved CSHB 83(JUD) Out of Committee
03/04/13 (H) MINUTE(JUD)
03/05/13 (H) JUD RPT CS(JUD) NT 5DP
03/05/13 (H) DP: MILLETT, GRUENBERG, PRUITT, FOSTER,
KELLER
03/13/13 (H) TRANSMITTED TO (S)
03/13/13 (H) VERSION: CSHB 83(JUD)
03/15/13 (S) READ THE FIRST TIME - REFERRALS
03/15/13 (S) JUD
03/29/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 36
SHORT TITLE: MISSING VULNERABLE ADULT RESPONSE PLAN
SPONSOR(s): ELLIS
01/25/13 (S) READ THE FIRST TIME - REFERRALS
01/25/13 (S) STA, JUD
02/08/13 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
02/08/13 (S) STA, JUD
02/21/13 (S) STA RPT 3DP
02/21/13 (S) DP: DYSON, WIELECHOWSKI, STEDMAN
02/21/13 (S) STA AT 9:00 AM BUTROVICH 205
02/21/13 (S) Moved SSSB 36 Out of Committee
02/21/13 (S) MINUTE(STA)
03/27/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/27/13 (S) Heard & Held
03/27/13 (S) MINUTE(JUD)
03/29/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 69
SHORT TITLE: EXEMPT FIREARMS FROM FEDERAL REGULATION
SPONSOR(s): CHENAULT
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) JUD
01/18/13 (H) BILL REPRINTED 1/17/13
02/08/13 (H) JUD AT 1:00 PM CAPITOL 120
02/08/13 (H) Heard & Held
02/08/13 (H) MINUTE(JUD)
02/18/13 (H) JUD AT 1:00 PM CAPITOL 120
02/18/13 (H) Moved CSHB 69(JUD) Out of Committee
02/18/13 (H) MINUTE(JUD)
02/20/13 (H) JUD RPT CS(JUD) NT 6DP 1NR
02/20/13 (H) DP: MILLETT, PRUITT, LYNN, FOSTER,
LEDOUX, KELLER
02/20/13 (H) NR: GRUENBERG
02/27/13 (H) TRANSMITTED TO (S)
02/27/13 (H) VERSION: CSHB 69(JUD)
02/28/13 (S) READ THE FIRST TIME - REFERRALS
02/28/13 (S) JUD
03/15/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/15/13 (S) Heard & Held
03/15/13 (S) MINUTE(JUD)
03/18/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/18/13 (S) Heard & Held
03/18/13 (S) MINUTE(JUD)
03/20/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/20/13 (S) -- MEETING CANCELED --
03/25/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/25/13 (S) Heard & Held
03/25/13 (S) MINUTE(JUD)
03/29/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
KATHERINE KURTZ, Revisor of Statutes
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Presented HB 81.
JIM POUND, Staff
Representative Wes Keller
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 83 on behalf of the sponsor.
ANNE CARPENETI, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law
POSITION STATEMENT: Commented on an amendment to SB 36.
NATHAN ZENSEY, Staff
Senator Johnny Ellis
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained the intent of amendment 28-
LS0338\C.1 to SB 36.
JORDAN SHILLING, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained the changes in the Senate CS for
HB 69.
MIKE COONS, representing himself
Palmer, Alaska
POSITION STATEMENT: Testified in reluctant support of version I
for HB 69.
THOM BUZARD, Commander
Alaska Citizen's Militia
Juneau, Alaska
POSITION STATEMENT: Testified in support of including the felony
language in HB 69.
ACTION NARRATIVE
1:36:33 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:36 p.m. Present at the call to
order were Senators Dyson, Wielechowski, and Chair Coghill.
HB 81-2013 REVISOR'S BILL
1:37:38 PM
CHAIR COGHILL announced the consideration of HB 81.
1:37:45 PM
KATHERINE KURTZ, Revisor of Statutes, Legislative Legal
Services, Legislative Affairs Agency, explained that Legislative
Legal Services is statutorily required to submit a bill each
year to correct and remove deficiencies, conflicts, and obsolete
provisions in the statutes. She provided the following sectional
analysis:
Section 1 amends AS 04.11.080 to include destination resort
licenses in the list of licenses and permits issued under Title
4 relating to alcoholic beverages. When this license was created
it wasn't added to this statute.
Section 2 amends AS 04.11.220(e) to update a reference to an
accreditation organization that has changed its name.
Section 3 amends AS 08.70.110(a) to repeal an obsolete
licensing provision for nursing home administrators licensed
under emergency regulation that was repealed in 1977. The
Department of Law has said that no one is licensed under this
provision.
Sections 4 and 6 relate to the definition of "oil or gas
pipeline or supporting facilities," which doesn't exactly match
usage in the statutes. Section 4 changes the term "facilities"
to "facility" in AS 11.46.495. Section 6 changes "and" to "or"
in AS 11.56.810(a)(2) for consistency and to match the term
defined in AS 11.46.495.
1:39:48 PM
SENATOR WIELECHOWSKI noted that 5-6 years ago the legislature
changed the term "and" to "or" in a statute regarding oil and
gas and it brought an additional $160 million to the state. He
inquired what the proposed change in Section 6 exactly deals
with.
MS KURTZ explained that these are criminal statutes that relate
to an oil or gas pipeline or supporting facility. Section 4
deals with offenses against property and Section 6 deals with
terroristic threatening.
Section 5 adds the word "to" in AS 11.51.100((a)(3), because the
preposition was missing.
Section 7 changes the term "education" to "educational" in AS
14.20.310(a) to match the term used in AS 14.08 and elsewhere in
the statutes.
Sections 8 and 9 replace the term "election district" with
"house district" in AS 15.10.120(a) and AS 15.15.430(a) to match
changes in the state constitution.
Sections 10-17 remove the phrase "but not limited to" in a
section relating to safe employment and in several definitions
relating to safety glazing. AS 01.10.040(b) directs that when
the term "including" is used in a law, it should always be read
as though it were followed by the phrase "but not limited to."
This change brings those definitions into consistency with that
provision in statute and the drafting manual.
Section 10 also replaces the term "work place" with "workplace"
in AS 18.60.075(a).
Section 18 amends AS 18.63.040(b) to replace a reference to a
repealed regulation with a generic reference to a regulation
adopted by the department.
Sections 19-21, 24-27, and 31 relate to the commissioner of the
Department of Transportation and Public Facilities (DOTPF).
There is currently no definition of "commissioner" and the term
has been used inconsistently. This creates a new definition for
the entire title so it doesn't need to be spelled out every
time. The meaning of the current references won't change.
Sections 22-23 remove obsolete dates in AS 35.27.020(c) and AS
35.40.110.
Section 28 amends AS 44.62.175(a), relating to the Alaska Online
Public Notice System, to update the provision requiring that
summaries of certain opinions of the attorney general be posted
on the system.
Section 29 adds the word "energy" to AS 44.88.070(1) to conform
to changes made previously to AS 44.88.010(a) and (b). The
omission was an oversight.
Section 30 amends AS 47.12.310(a) to resolve an internal
conflict between subsections (a) and (i) of AS 47.12.310.
Section 31 repeals the definition of the commissioner of the
Department of Transportation and Public Facilities from AS
35.27.
Section 32 provides an immediate effective date.
1:46:49 PM
SENATOR DYSON asked where suggestions for revisions come from.
MS. KURTZ replied they come from various sources including the
attorney general's office and Legislative Legal Services'
publisher.
SENATOR DYSON inquired if any suggestions come from the Duke Law
Review.
MS. KURTZ said no, but other sources include LexisNexis,
attorneys in the legislative legal office and, on rare occasion,
the public.
SENATOR DYSON asked if they get nothing from the Duke Law
Review.
MS. KURTZ said she has never been contacted by the Duke Law
Review.
SENATOR DYSON expressed astonishment since he understands the
legislature has a contract with them that includes review and
comment.
MS. KURTZ said she wasn't able to comment on who the parties to
that contract are.
1:49:11 PM
CHAIR COGHILL stated he would hold HB 81 and take action on it
on Monday.
HB 83-FEDERAL LAWS & EXECUTIVE ORDERS
1:50:19 PM
CHAIR COGHILL announced the consideration of HB 83. [CSHB
83(JUD) was before the committee.]
1:50:39 PM
JIM POUND, Staff, Representative Wes Keller, sponsor of HB 83,
introduced the bill on behalf of the sponsor. He spoke to the
following sponsor statement: [Original punctuation provided.]
CS for HB 83 clarifies in Alaska Statute that a
federal statute, regulation, presidential executive
orders, or secretarial orders or actions that are not
properly adopted or are unconstitutional do not
preempt state law. The Attorney General will continue
to review and report federal statute, regulation,
presidential executive orders, or secretarial orders
or actions that appear to have not been properly
adopted. Under CSHB 83 those reports will be forwarded
to the legislature for consideration.
CSHB 83 presumes Alaska Legislative interest in an
important legal process known as nullification. It
opens the opportunity for the state to consider
proclaiming a federal law or rule to be void and
inoperative, or 'non-effective' within the boundaries
of that state. In CSHB 83 a negative review by the
Attorney General would generate an alert to our
Judiciary Committees so nullification legislation can
be considered.
There has been disagreement regarding nullification
going back to the late eighteenth century. Not
surprisingly, federal courts have often leaned toward
favoring federal power over state sovereignty in spite
of the fact that our founding fathers clearly intended
otherwise. Federalism is our historically unique and
profound arrangement where sovereign and separate
states got together and carefully designed a central
government with limited powers. It is an illogical
perversion of one of our most important founding
principles to presume states must comply with
unconstitutional federal language. CSHB 83 presumes a
proper State responsibility to uphold and protect our
constitution.
CSHB 83 is intended to provide important information
to the Alaska State Legislature by tapping the
expertise and evaluation of our Attorney General.
Certainly the legislature has a responsibility to
consider its response whenever there is question of
constitutionality of a federal statute, or the process
involved in regulation, presidential executive order,
or secretarial order or actions.
SENATOR WIELECHOWSKI summarized that the attorney general will
review federal statutes, regulations, executive orders and
actions and secretarial orders to make sure that they don't
conflict with state law.
MR. POUND clarified that there is already a review process, but
bringing the findings up under state law will be up to the
determination of the judiciary committees.
SENATOR WIELECHOWSKI asked if there would be a timeline imposed
on the attorney general to review all of these documents because
it could be tens if not hundreds of thousands of pages.
MR. POUND said he couldn't speak to how the attorney general
does it now, but he did know that DOL provides information to
the governor's office. The bill ensures that the legislature is
included in the loop.
SENATOR WIELECHOWSKI highlighted that the bill doesn't ask the
attorney general to do anything new, just notify legislative
bodies if there are conflicts.
MR. POUND agreed.
SENATOR WIELECHOWSKI asked if there are specific [federal]
statutes, regulations, or executive orders that he believes are
currently being violated.
1:54:39 PM
MR. POUND said he finds a recent interpretation from the U.S.
Department of Veterans Affairs interesting. He characterized a
letter sent to veterans about competency as excessive oversight
based on a regulation promulgated by the VA. He read the
following excerpt:
A determination of incompetency will prohibit you from
purchasing, possessing, receiving, or transporting a
firearm or ammunition. If you knowingly violate any of
these provisions you may be fined, imprisoned, or both
under the Brady Handgun Violence Prevention Act.
SENATOR WIELECHOWSKI asked if the attorney general was filing a
lawsuit to overturn that for being unconstitutional.
MR. POUND said he was not aware of that.
1:55:53 PM
SENATOR WIELECHOWSKI said he would hope that the attorney
general would take legal action if an unconstitutional law is on
the books prohibiting veterans from getting firearms.
MR. POUND surmised that would happen at some point.
SENATOR WIELECHOWSKI asked if the sponsor asked for an increment
in the budget to fund this litigation.
MR. POUND responded that the Department of Law submitted a zero
fiscal note, and it probably would be some time before the issue
of litigation costs come up.
CHAIR COGHILL asked if the sponsor anticipated that the reports
called for in the bill would flow with other annual reports
coming out of the Department of Law (DOL).
MR. POUND said yes, and any issue that's identified and results
in legislation would still have to go through the legislative
process.
1:57:31 PM
CHAIR COGHILL said he'd like to hear from the DOL to understand
what is already taking place and how this bill will be
accommodated.
SENATOR WIELECHOWSKI said he likes the idea of DOL keeping the
legislature informed, but he'd also like an annual report about
litigation and the costs.
CHAIR COGHILL asked Mr. Pound to make arrangements with the
Department of Law to come before the committee to answer
questions.
MR. POUND acknowledged the request.
2:00:33 PM
SENATOR DYSON commended the effort and motive of the
legislation, and expressed hope that somebody was watching for
federal actions that affect how the legislature does its
business and fulfills its mission.
CHAIR COGHILL commented on the balance between working
cooperatively with the federal government and challenging
federal action.
He stated that he would hold HB 83 in committee.
SB 36-MISSING VULNERABLE ADULT RESPONSE PLAN
2:02:10 PM
CHAIR COGHILL announced the consideration of SB 36. [CSSSSB 36,
version C, was before the committee.]
He moved Amendment 1, labeled 28-LS0338\C.1.
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR COGHILL
TO: CSSSSB 36(JUD), Draft Version "C"
Page 2, following line 20:
Insert a new bill section to read:
"(c) Notwithstanding another provision of
law,
(1) a law enforcement agency, an
officer or employee of a law enforcement agency,
a person, or a group is not civilly liable for
(A) failing to participate in a
missing vulnerable adult prompt response and
notification plan;
(B) failing to implement a missing
vulnerable adult prompt response and notification
plan; or
(C) activating a missing
vulnerable adult prompt response and notification
plan if implementation is undertaken in good
faith;
(2) a radio or television broadcaster
or newspaper publisher is not civilly liable for
participating in a missing vulnerable adult
prompt response and notification plan or for
participating in the actual implementation of a
plan if the broadcaster or publisher has verified
the authenticity of that implementation with the
law enforcement agency."
Reletter the following subsections accordingly.
SENATOR DYSON objected [for discussion purposes.]
CHAIR COGHILL asked Ms. Carpeneti to comment.
2:03:15 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law, said that Susan
Cox indicated that this would provide better protection for law
enforcement than what is currently in the CS.
CHAIR COGHILL offered his understanding that the amendment
provides civil liability protection for those in law enforcement
and those who activate the vulnerable adult alert.
2:04:37 PM
SENATOR WIELECHOWSKI inquired if this was just for negligent
behavior or if it would exempt from liability someone who failed
to participate.
MS. CARPENETI said it doesn't specify so it would probably be
for all circumstances where a person did not participate.
SENATOR WIELECHOWSKI agreed with the intent on negligence, but
questioned the policy reason for extending the liability
exemption that far.
MS. CARPENETI agreed that it was a policy call for the
legislature.
CHAIR COGHILL offered his understanding that the civil liability
exemption previously extended to newspaper publishers and other
communications media. The amendment broadens the definition.
MS. CARPENETI deferred to the sponsor because this provision was
in the bill originally.
2:06:37 PM
NATHAN ZENSEY, Staff, Senator Johnny Ellis, explained that the
intent is to diminish the burden for law enforcement agencies.
The hope is that those agencies will act in accordance with the
public trust placed in them.
SENATOR WIELECHOWSKI said he can envision this becoming a
problem in years to come, but the expectation is that law
enforcement will do the right thing. He posed hypothetical
examples.
SENATOR DYSON asked the point at which conduct by law
enforcement crosses the line and the person becomes civilly or
criminally liable.
MS. CARPENETI deferred the question to someone working in the
Civil Division.
SENATOR DYSON said he was relatively comfortable that current
law and practice would cover the current concern.
MS. CARPENETI responded that her understanding was that this
immunity would apply under the circumstances of silver alert.
2:10:08 PM
SENATOR DYSON said he didn't think that anyone would reason that
the Silver Alert was any different than things like the Amber
Alert or Caylee's Law.
CHAIR COGHILL asked Mr. Zensey if the standard was the same as
other alert systems.
MR. ZENSEY replied that the standards differ from state to
state, but he thought that at some point, whatever governs
negligence in normal missing person searches would govern
negligence in missing vulnerable adults.
SENATOR WIELECHOWSKI agreed that it was a policy call.
2:12:43 PM
SENATOR DYSON removed his objection.
CHAIR COGHILL found no further objection and announced that
Amendment 1 was adopted. He summarized the contents of the bill
and asked if the sponsor had closing comments.
MR. ZENSEY thanked the committee.
2:13:50 PM
SENATOR DYSON moved to report CSSSSB 36, version C as amended,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR COGHILL found no objection and announced that CSSSSB
36(JUD) moved from the Senate Judiciary Standing Committee.
2:14:18 PM
At ease
HB 69-EXEMPT FIREARMS FROM FEDERAL REGULATION
2:16:29 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of HB 69. [SCS CSHB 69, version R, was before the
committee.]
2:16:41 PM
SENATOR DYSON moved to adopt Senate CS for HB 69, labeled 28-
LS0290\I, as the working document.
CHAIR COGHILL found no objection and version I was before the
committee. He asked Mr. Shilling to speak to the changes.
2:17:06 PM
JORDAN SHILLING, Staff, Senator John Coghill, explained that the
title was changed to conform to changes made later in the bill.
The first substantial change occurs on page 4, line 28. The
phrase "violates the Second Amendment to the Constitution of the
United States or art. I, sec. 19, Constitution of the State of
Alaska" was inserted to clarify that any future law that is
unconstitutional and unenforceable is unenforceable because it
violates the Second Amendment.
On page 5, line 4, the word "may" was changed to "shall" and the
provision that allowed the attorney general to use all state
resources necessary was removed. He explained that the intent
was to ensure that resources like the permanent fund would not
be at the attorney general's disposal to file lawsuits.
SENATOR COGHILL relayed that DOL's expectation was that it
already was directive, and the attorney general [would file
legal action to prevent implementation of law that violates the
rights of Alaskans.] He asked the members to consider a
suggestion to insert the word "illegally" on page 3, lines 7 and
9, at the beginning of paragraphs (A) and (B).
He acknowledged that version I was somewhat different than the
version that passed the House. The current draft removes some
nullification issues, but the most significant change was to
remove the provision that says the state would arrest and charge
a federal official with a felony. He said he didn't know how
that would work in practice and was concerned that the backlash
could move the state backward rather than forward.
2:21:30 PM
SENATOR WIELECHOWSKI asked if there was a legal opinion on the
constitutionality of the bill that passed the House, and whether
or not the state could arrest a federal official as it provided.
CHAIR COGHILL offered his understanding that there were four
legal opinions and they were in the packets. He suggested
members peruse the opinions before the meeting on Monday,
because his intention was to take action on the bill that day.
He opened public testimony.
2:23:04 PM
MIKE COONS, representing himself, Palmer, Alaska, said he
supports the additions to HB 69 that ensure that no agency may
assist a federal official who is trying to enforce laws that
violate Second Amendment rights. Those sections are strong and
protect all Alaskans. He also stated support for the directive
language regarding the attorney general using all powers to
defend Alaskans, but continues to disagree with the attorney
general opinion that provisions in the original bill were
unenforceable and unconstitutional. He questioned the concern of
the commissioner of public safety about enforcement in light of
Lieutenant Dial's testimony that the department reviewed the CS
and doesn't see any problems if the legislation were to pass.
MR. COONS expressed concern about the almost daily attacks on
citizens' liberties by President Obama. He cited examples and
stated that he reluctantly supports version I.
CHAIR COGHILL said the discussion will continue on Monday.
2:27:58 PM
THOM BUZARD, Commander, Alaska Citizen's Militia, Juneau,
Alaska, stated that when he served in the armed forces he took
an oath to protect and defend the country, its laws, and the
constitution, and because of recent events he was concerned that
the citizenry may be preparing for a domestic war against the
federal government. He emphasized that many Americans are so
concerned that they have purchased all available firearms and
ammunition from store shelves across the country. He cited
examples worldwide of governments establishing gun control and
the consequences to the citizenry.
MR. BUZARD said there are also examples in the U.S. of gun
confiscation and government troops killing Americans. These
include the massacre at Wounded Knee in 1890, the shelling of
the village of Angoon 125 years ago, and the Katrina disaster
when the police chief ordered officers to confiscate firearms
from citizens' homes. He expressed concern that the federal
government was poised to execute a power grab like none other,
and for that reason he would like the felony language reinserted
in the bill.
2:37:00 PM
CHAIR COGHILL highlighted that the emergency confiscation that
occurred during Katrina sparked legislation in Alaska that
forbade that practice.
MR. BUZARD said he believes that the current governor and
legislature are pointed in the right direction.
SENATOR DYSON relayed that he had heard that Homeland Security
was buying large amounts of firearms and ammunition. He asked if
there were credible sources for that sort of information.
MR. BUZARD suggested he visit the websites wnd.com,
breitbart.com, and drudgereport.com.
2:39:57 PM
CHAIR COGHILL thanked Mr. Buzard for his service and assured him
that the legislature takes the constitution seriously. When it
comes to nullification the legislature will employ the best
resources of the state to defend the citizens and their right,
he said.
MR. BUZARD offered his opinion that these matters should be
handled in a legal and constitutional manner.
CHAIR COGHILL agreed, and added that he believes that version I
offers a better approach.
2:42:30 PM
CHAIR COGHILL read AS 11.76.110(a)(1) and relayed his intention
to look at the nexus between that law and the bill.
He held HB 69 in committee.
2:43:44 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:43 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB0081A.pdf |
SJUD 3/29/2013 1:30:00 PM |
HB 81 |
| Sectional.pdf |
SJUD 3/29/2013 1:30:00 PM |
HB 81 |
| Sponsor Statement.pdf |
SJUD 3/29/2013 1:30:00 PM |
HB 81 |
| CSHB 83 -10 amend.pdf |
SJUD 3/29/2013 1:30:00 PM |
HB 83 |
| CSHB 83 CFR Costs.pdf |
SJUD 3/29/2013 1:30:00 PM |
HB 83 |
| CSHB 83 Executive Orders.pdf |
SJUD 3/29/2013 1:30:00 PM |
HB 83 |
| CSHb 83 Law Fiscal.pdf |
SJUD 3/29/2013 1:30:00 PM |
HB 83 |
| CSHB 83 Legis activity.pdf |
SJUD 3/29/2013 1:30:00 PM |
HB 83 |
| CSHB 83 Mack US story.pdf |
SJUD 3/29/2013 1:30:00 PM |
HB 83 |
| CSHb 83 misuse of power.pdf |
SJUD 3/29/2013 1:30:00 PM |
HB 83 |
| CSHB 83 Null Void.pdf |
SJUD 3/29/2013 1:30:00 PM |
HB 83 |
| CSHB 83 sectional.pdf |
SJUD 3/29/2013 1:30:00 PM |
HB 83 |