03/21/2014 01:00 PM House JUDICIARY

                                                                                                                                
                 HB 366-INVOLUNTARY COMMITMENT                                                                              
                                                                                                                                
2:46:00 PM                                                                                                                    
                                                                                                                                
VICE CHAIR LYNN announced that  the final order of business would                                                               
be  HOUSE  BILL  NO.  366,  "An  Act  relating  to  reporting  an                                                               
involuntary  mental health  commitment  to  the National  Instant                                                               
Criminal  Background Check  System; and  relating to  relief from                                                               
disabilities  of  a  record  of  involuntary  commitment  and  an                                                               
adjudication of mental illness or mental incompetence."                                                                         
                                                                                                                                
2:46:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  moved the CS  for HB 366,  labeled Version                                                               
28-LS1172\Y, Strasbaugh, 3/21/14, as the working document.                                                                      
                                                                                                                                
2:46:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT objected.                                                                                                
                                                                                                                                
2:46:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT explained that  the amendment the committee                                                               
adopted on Wednesday  is incorporated into the new CS,  as is the                                                               
deletion of  "Health and Social  Services."   Additionally, after                                                               
consultation  with   a  federal   Bureau  of   Alcohol,  Tobacco,                                                               
Firearms, and  Explosives (BATFE)  attorney, it was  decided that                                                               
"record of"  should be changed  to "resulting from" in  CSHB 366.                                                               
He  referred  to  a  [3/21/14]  memorandum  written  by  Kathleen                                                               
Strasbaugh and  stated that it  is her terminology, and  that she                                                               
also changed the language concerning  the court's rule from "may"                                                               
to "shall."   Apparently,  the attorney  for the  BATFE indicated                                                               
that if it was not changed,  an individual in Alaska would not be                                                               
eligible for  "relief from [legal]  disability" and would  not be                                                               
able to get their  name back off the record, he opined.   It is a                                                               
technical change to  align the language with that  of the federal                                                               
law, "so we can make sure  that that person still has the ability                                                               
to have  their name  removed from  the list."   The  fiscal notes                                                               
were changed, so now there are only zero fiscal notes, he added.                                                                
                                                                                                                                
2:49:30 PM                                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG said he would  like a copy of the letter                                                               
from BATFE.                                                                                                                     
                                                                                                                                
MORGAN HOPSON,  Staff, Representative Lance Pruitt,  Alaska State                                                               
Legislature,  responded  that she  printed  a  copy of  an  email                                                               
within  which the  representative from  the Department  of Public                                                               
Safety (DPS) notified Ms. Hopson of the suggestions from BATFE.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked for  a copy of  the documentation                                                               
referred to  by Kathleen Strasbaugh, Legislative  Counsel, in her                                                               
3/21/14 memo to Representative Pruitt.                                                                                          
                                                                                                                                
2:50:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  requested a  copy  of  the email  from                                                               
BATFE  and  asked  if  an individual  from  BATFE  was  available                                                               
online.                                                                                                                         
                                                                                                                                
VICE CHAIR LYNN said no one from BATFE was online.                                                                              
                                                                                                                                
2:51:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  noted that he would  especially like to                                                               
review  the  document regarding  "the  judge  must grant  relief"                                                               
rather than "the  judge may grant relief."  He  stated that there                                                               
are times when federal officials  state something as law and when                                                               
the  legislature  reviews it,  it  finds  that  it is  [just]  an                                                               
interpretation of a federal law.                                                                                                
                                                                                                                                
2:53:14 PM                                                                                                                    
                                                                                                                                
KATHLEEN   STRASBAUGH,  Attorney,   Legislative  Legal   Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency,  said  she  reviewed  the  email  before  conducting  the                                                               
drafting.   Ms. Strasbaugh  spoke with  the attorney  in question                                                               
who  requested the  language  to  read [on  page  4, lines  8-10]                                                               
"resulting from" rather  than "a record of".  She  noted that the                                                               
bill had  been built around  defining a concept called  "a record                                                               
of"  disability   related  to   an  [involuntary   commitment  or                                                               
adjudication of  mental illness or mental  incompetence], and the                                                               
changes were  made.   [Changes were  made regarding  the language                                                               
concerning the court's  role in ruling on the  motion for relief]                                                               
from  "may" to  "shall."   As Ms.  Strasbaugh and  Representative                                                               
Gruenberg had  discussed, the problem  in this situation  is that                                                               
the objective  is to relieve  Alaskans from a  disability created                                                               
under federal  law.  She  opined that the  federal interpretation                                                               
is rather  critical in this situation  even if they are  not sure                                                               
they agree with it.                                                                                                             
                                                                                                                                
2:54:55 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  LYNN asked  Ms. Strasbaugh if  she believes  that the                                                               
bill protects individuals that need to be protected.                                                                            
                                                                                                                                
MS.  STRASBAUGH responded  that  she copied  it  exactly, so  she                                                               
certainly hopes so.                                                                                                             
                                                                                                                                
2:55:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  questioned if this is  the enabling piece                                                               
that will  allow people with  a 30-day involuntary  commitment to                                                               
have  their  names removed  from  the  [record].   "This  is  the                                                               
enabling piece  that will say,  'now that I've served  and proved                                                               
that I'm  not mentally  unfit to carry  a handgun'--this  is what                                                               
will enable them to get their name off of the list, correct?"                                                                   
                                                                                                                                
MS. STRASBAUGH responded that is the objective.                                                                                 
                                                                                                                                
2:56:21 PM                                                                                                                    
                                                                                                                                
MS. HOPSON paraphrased the following subject email:                                                                             
                                                                                                                                
     Page 3,  lines 20-26:   Sec. 47.30.851(a) Any person  who is                                                               
     prohibited from possessing a firearm  or ammunition under 18                                                               
     U.S.C.  922(g)(4)   as  a  result  of   an  adjudication  or                                                               
     commitment that  occurred in  this state  may, at  any time,                                                               
     move  to be  relieved from  the disabilities  resulting from                                                               
     the adjudication or commitment.                                                                                            
                                                                                                                                
     Page 4, line 9:  "may" must be changed to "shall".                                                                         
                                                                                                                                
2:57:39 PM                                                                                                                    
                                                                                                                                
VICE CHAIR LYNN closed public testimony.                                                                                        
                                                                                                                                
2:57:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG stated  that  he is  interested in  the                                                               
last portion of  the email, and he assumed the  attorney did cite                                                               
the federal statute earlier in the passage.                                                                                     
                                                                                                                                
2:58:34 PM                                                                                                                    
                                                                                                                                
MS. HOPSON responded, "That is correct."                                                                                        
                                                                                                                                
2:58:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT moved to report CS for HB 366, labeled                                                                   
28-LS1172\Y, Strasbaugh, 3/21/14, out of committee with                                                                         
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
There being no objection CSHB 366(JUD) passed out of committee.                                                                 
                                                                                                                                
2:59:31 PM