Legislature(2023 - 2024)GRUENBERG 120
04/18/2023 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| State Board of Parole|| Department of Corrections, Commissioner | |
| HB61 | |
| HB116 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 116 | TELECONFERENCED | |
| += | HB 61 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
HB 61-LIMITATIONS ON FIREARMS RESTRICTIONS
3:59:31 PM
CHAIR SHAW announced that the next order of business would be
HOUSE BILL NO. 61, "An Act relating to restrictions on firearms
and other weapons."
4:00:38 PM
The committee took a brief at-ease.
4:01:03 PM
REPRESENTATIVE STORY moved to adopt Amendment 1 to HB 61,
labeled 33-LS0333\A.4, Radford, 4/17/23, which read:
Page 2, line 9, following "to":
Insert "(1)"
Page 2, line 12, following "law":
Insert ";
(2) an order, proclamation, regulation,
ordinance, or policy
(A) forbidding the possession of a firearm,
a firearm accessory, ammunition, or other weapon for
personal use at an emergency shelter; or
(B) ordering the seizure or confiscation of
a firearm, a firearm accessory, ammunition, or other
weapon for personal use that a person possesses or
attempts to possess at an emergency shelter"
CHAIR SHAW objected for the purpose of discussion.
4:01:08 PM
REPRESENTATIVE STORY explained that Amendment 1 would allow
authorities to restrict the possession of firearms in emergency
shelters during a disaster declaration, thus providing
authorities with the flexibility to assess situations and retain
order and safety in communal living spaces.
4:02:49 PM
REPRESENTATIVE CARPENTER objected to the motion to adopt
Amendment 1.
A roll call vote was taken. Representatives Armstrong and Story
voted in favor of Amendment 1. Representatives Carpenter, C.
Johnson, Allard, Wright, and Shaw voted against it. Therefore,
Amendment 1 failed by a vote of 2-5.
4:03:45 PM
The committee took a brief at-ease at 4:03 p.m.
4:04:25 PM
REPRESENTATIVE STORY moved to adopt Amendment 2 to HB 61,
labeled 33-LS0333\A.3, Radford, 4/17/23, which read:
Page 2, lines 13 - 25:
Delete all material.
REPRESENTATIVE C. JOHNSON objected.
REPRESENTATIVE ALLARD objected.
4:04:36 PM
REPRESENTATIVE STORY explained that Amendment 2 would delete the
language on page 2, lines 13-25, as this language would allow
people to bring civil action against a government agency or law
enforcement. She opined that this would encourage people to sue
the state government without resulting in injunctive relief.
4:05:52 PM
REPRESENTATIVE C. JOHNSON asked the bill sponsor to discuss
Amendment 2.
4:05:58 PM
REPRESENTATIVE CATHY TILTON, Alaska State Legislature, prime
sponsor of HB 61, referenced a memorandum "memo" from
Legislative Legal Services [included in the committee packet],
which addressed the concern about injunctive relief versus
treble damages. She deferred to her staff.
4:06:24 PM
STEVE ST. CLAIR, Staff, Representative Cathy Tilton, Alaska
State Legislature, on behalf of Representative Tilton, prime
sponsor of HB 61, stated that this is an existing practice in
state and federal law.
4:06:57 PM
REPRESENTATIVE STORY, referencing the legal memo, shared her
understanding that treble damages are authorized in 14 different
statutes, whereas injunctive relief appears in the Alaska
Statutes 46 times. She requested a representative from
Legislative Legal Services to answer the question of whether
injunctive relief would be more appropriate.
CHAIR SHAW said no one from Legislative Legal Services was
online.
4:07:31 PM
REPRESENTATIVE C. JOHNSON maintained his objection to Amendment
2.
4:07:36 PM
A roll call vote was taken. Representatives Armstrong and Story
voted in favor of Amendment 2. Representatives Wright,
Carpenter, C. Johnson, Allard, and Shaw voted against it.
Therefore, Amendment 2 failed by a vote of 2-5.
4:08:06 PM
REPRESENTATIVE WRIGHT moved to adopt Amendment 3 to HB 61,
labeled 33-LS0333\A.1, Radford, 4/13/23, which read:
Page 1, line 8, following "firearm,":
Insert "a firearm part,"
Page 1, line 10, following "firearm,":
Insert "a firearm part,"
Page 1, line 13, following "firearms,":
Insert "firearm parts,"
Page 2, line 2, following "firearms,":
Insert "firearm parts,"
Page 2, line 9, following "firearm,":
Insert "a firearm part,"
Page 2, line 11, following "firearm,":
Insert "a firearm part,"
Page 2, line 15, following "firearm,":
Insert "a firearm part,"
Page 3, line 1, following "illumination":
Insert ";
(3) "firearm part" means a component of a
firearm that is essential to the basic function of a
firearm, including a component of an action or lock,
the stock, and the barrel"
REPRESENTATIVE CARPENTER objected.
4:08:12 PM
REPRESENTATIVE WRIGHT explained that Amendment 3 would insert
"firearm part" in the associated definition in the proposed
legislation. He explained that firearm parts would be required
for the proper function of a firearm.
REPRESENTATIVE C. JOHNSON asked whether the bill sponsor was
supportive of Amendment 3.
REPRESENTATIVE TILTON expressed support for the proposed
amendment, as firearm parts would be necessary for subsistence
hunting, as well as for self-protection.
REPRESENTATIVE C. JOHNSON removed his objection. There being no
further objection, Amendment 3 was adopted.
4:09:53 PM
REPRESENTATIVE WRIGHT moved to report HB 61, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes.
REPRESENTATIVE STORY objected.
4:10:20 PM
The committee took a brief at-ease.
4:10:30 PM
REPRESENTATIVE STORY spoke to her objection, opining that law
enforcement needs to be able to restrict firearm possession in
certain situations, such as emergency shelters.
4:11:01 PM
The committee took a brief at-ease.
4:11:37 PM
A roll call vote was taken. Representatives Wright, Carpenter,
C. Johnson, Allard, and Shaw voted in favor of reporting HB 61,
as amended, out of committee. Representatives Story and
Armstrong voted against it. Therefore, CSHB 61(STA) was
reported out of the House State Affairs Standing Committee by a
vote of 5-2.
4:12:24 PM
The committee took a brief at-ease.
4:12:47 PM
CHAIR SHAW noted that Legislative Legal Services was authorized
to make any necessary technical and conforming changes to CSHB
61(STA).