Legislature(2013 - 2014)BELTZ 105 (TSBldg)
04/09/2014 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB284 | |
| HB369 | |
| HB366 | |
| SB184 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 60 | TELECONFERENCED | |
| + | HB 140 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 284 | TELECONFERENCED | |
| += | HB 369 | TELECONFERENCED | |
| += | HB 366 | TELECONFERENCED | |
| += | SB 184 | TELECONFERENCED | |
HB 366-INVOLUNTARY COMMITMENT; FIREARMS
1:52:31 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of HB 366. "An Act relating to reporting an
involuntary mental health commitment to the National Instant
Criminal Background Check System; relating to the sealing of
records of mental health proceedings; and relating to relief
from a disability resulting from an involuntary commitment or an
adjudication of mental illness or mental incompetence." This was
the first hearing. [CSHB 366(JUD) was before the committee.]
1:52:58 PM
REPRESENTATIVE LANCE PRUITT, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 366, introduced the legislation speaking
to the following sponsor statement:
Alaska upholds a steadfast tradition of the right to
responsible firearm ownership. A fundamental component
of this responsibility is the assurance that firearm
retailers will have access to timely and relevant
information in the National Instant Criminal
Background Check System (NICS) database.
HB 366 pertains to the transmittal of information from
the Alaska Court System to the NICS administrators.
The database was established in 1994 to provide
information to Federal Firearms Licensees (FFLs)
regarding persons who are prohibited from possessing a
firearm under Section 922(g) or (n) of Title 18 USC.
Currently, the State of Alaska does not require the
courts to transmit these records. This places the
Federal Firearms Licensees at a greater risk of
selling a firearm to an individual who may pose a risk
to themselves or to the public. Alaskan FFLs submitted
93,405 transaction inquiries to the NICS database in
2013, ranking the state second highest in the number
of inquiries per capita. However, the NICS database
only contains a single entry regarding an individual
who is prevented from firearm possession due to mental
health reasons, as adjudicated by the courts.
House Bill 366 works with the courts to establish a
system to transfer the limited necessary information
with the NICS administrators regarding persons who are
adjudicated in Alaska courts as unfit to possess a
firearm due to mental health reasons. The bill also
addresses the process for appealing such
adjudications.
The State of Alaska leads the way in our defense of
firearms rights, and the key to preserving that right
is the assurance that FFLs will not be at risk of
selling a firearm to an individual who is legally
barred by the courts. HB 366 assures that Alaska's
courts will transmit information to the NICS database,
thereby protecting our FFLs, our gun rights, and the
people of Alaska.
CHAIR COGHILL identified the individuals who were available to
testify and answer questions.
1:59:16 PM
SENATOR DYSON asked if people who are involuntarily committed
have their names posted on CourtView.
REPRESENTATIVE PRUITT deferred to the court system.
2:00:32 PM
NANCY MEADE, General Counsel, Administrative Section, Alaska
Court System, advised that involuntary commitments are
confidential case types so nothing about the case is available
on CourtView and the paper files are not accessible either.
SENATOR DYSON asked the reasoning for not having those cases
available to the public.
MS. MEADE replied they're identified as confidential in statute.
She didn't know the legislature's reasoning for doing that, but
presumably it was because of the privacy interests involved.
SENATOR DYSON asked if it's akin to health information.
MS. MEADE said she assumes so.
SENATOR DYSON asked her to follow up with the statutory
reference.
2:02:01 PM
JAKE MCGUIGAN, Director of Government Relations, National
Shooting Sports Foundation (NSSF), Connecticut, said that NSSF
is the trade association for the firearms industry. Over the
past year NSSF has focused attention on the "FixNICS" campaign
to make sure that people who should not have access to firearms
don't have access. Federal law says that a person who has been
involuntarily committed is a prohibited person with respect to
owning a firearm. In the past year NSSF has focused attention on
the 15 states that do not send their records on involuntary
commitment with the National Instant Criminal Background Check
System (NICS) database. He noted that the governors of South
Dakota and Nebraska recently signed FixNICS legislation into
law. Hawaii and Massachusetts both have legislation moving
forward.
MR. MCGUIGAN said the industry is not looking to expand the
categories of prohibited persons, and it supports the
restoration of rights provision included in HB 366. He stressed
that this is not a gun control or gun rights initiative. It is
simply an effort to make sure that persons who should not have
access to firearms do not have access. The person responsible
for the Virginia Tech shooting is a good example. His records
were not in the system but they should have been there. That
incident is what started the NICS Improvement Act and there have
been other shootings since then.
2:06:14 PM
CHAIR COGHILL asked if other states have had a similar law in
place long enough to have had a court proceeding.
MR. MCGUIGAN replied each state approaches the court proceedings
and restoration of rights differently. He discussed the
procedure in Rhode Island as an illustration.
CHAIR COGHILL said that HB 366 provides that the appeals for
restoration will be made directly to the court and the question
will be one of extraordinary burden.
MR. MCGUIGAN related that the Rhode Island bill envisions a
panel of mental health and other experts to make the decision
outside the court setting. NSSF is working to change that bill
because the panel is too extensive.
CHAIR COGHILL asked Ms. Meade if the court would have any
difficulty immediately transmitting the personal identifying
information set forth in Section 5 to the Department of Public
Safety.
MS. MEADE said immediate implementation is not a problem; the
courts could get the information, if it's known, to DPS on the
same day as an involuntary commitment was ordered. If the order
was late in the day, it would perhaps be the next day.
SENATOR WIELECHOWSKI asked if the courts contact the NICS system
in other circumstances.
MS. MEADE clarified that the court doesn't send the information
to NICS, but it does send information daily to other
departments. For example, the court sends an email to the
Division of Motor Vehicles with any action that's been taken on
people's driver's licenses. She believes the courts already sent
information to DPS, but would follow up to make certain.
CHAIR COGHILL asked who would report the information to NICS
once it's transmitted to DPS.
2:11:20 PM
KATHRYN MONFREDA, Chief, Criminal Records and Identification
Bureau, Division of Statewide Services, Department of Public
Safety (DPS), explained that dispositions on all criminal
actions are reported to the criminal Records section of DPS,
updated to the Alaska Public Safety Information Network (APSIN),
and forwarded to the FBI. The mental health commitments would
follow a similar process but the information would be
electronically transmitted to the NICS database instead of
APSIN.
CHAIR COGHILL asked the process for removing a name from the
NICS database.
MS. MONFREDA said DPS envisions developing an electronic system
to transmit the information to NICS. When DPS receives a relief
from disabilities, the same process would be used to remove the
information from the NICS index. Removing the name wouldn't be
any more difficult than adding a name.
2:13:29 PM
SENATOR WIELECHOWSKI asked how many people in the state of
Alaska are involuntarily committed or adjudicated with mental
illness.
MS. MEADE reported that about 200 30-day or longer mental health
commitments are filed each year and about 50 percent of those
are granted. The bill doesn't apply to the much more common
three-day commitments.
SENATOR WIELECHOWSKI asked if she had data for three-day
commitments.
MS. MEADE said the total mental health commitments filed in 2013
was 2,579 and the total in 2012 was 2,249.
CHAIR COGHILL commented on the reasons for three-day
commitments.
MS. MEADE said the court calls three-day commitments
hospitalizations or evaluation periods. At the end of the period
a small subset receives a further petition by doctors in order
for the court to adjudge them worthy of an involuntary
commitment.
SENATOR COGHILL asked Jill Montgomery to discuss the process and
ease with which a name is removed from the NICS database.
2:16:27 PM
JILL MONTGOMERY, Supervisory NICS Liaison at FBI, West Virginia,
said that record sharing with the FBI is voluntary from the
state perspective. The FBI views the state as the owner of the
record so the state has complete control over it. She assured
the committee that the FBI would have no questions about the
removal of a record.
CHAIR COGHILL said he wanted that assurance on the record.
SENATOR DYSON asked about the people who have chosen to have
themselves committed to API, but haven't gone through the
involuntary commitment process.
REPRESENTATIVE PRUITT said he understands the concern, but he
didn't know if there was a way to address the individuals who
choose to be committed.
2:21:26 PM
CHAIR COGHILL questioned why the Section 3 deletes the reference
to expunging records.
REPRESENTATIVE PRUITT deferred to Ms. Meade.
MS. MEADE said the existing law speaks to expunging or sealing
court records that are already identified as confidential. The
change in Section 3 allows people who have been committed to ask
the court to make their records even more secure by sealing
them. This makes the record unavailable to anyone who doesn't
have a court order. The sponsor graciously agreed to delete the
reference to expunging a record because the court never utterly
destroys a record.
2:24:23 PM
DARYL NELSON, President, Mind Freedom Alaska and Alaskans for
Disability Rights, Chugiak, Alaska, testified in opposition to
HB 366. The unintended consequence is that it may make it easier
to involuntarily commit a person, he said.
SENATOR DYSON said he appreciates the concern but it's not
warranted in this case.
MR. NELSON maintained his position.
2:28:09 PM
REPRESENTATIVE PRUITT read AS 47.30.730 and reassured Mr. Nelson
and others that the petition for a 30-day commitment isn't
random or arbitrary. Due process is in place.
CHAIR COGHILL said he wanted it clear that the process to get a
name removed from the NICS database is as easy as adding a name.
REPRESENTATIVE PRUITT said he worked closely with the NRA on
that key piece to assure Alaskans that their name could be
removed from the NICS database. Furthermore, the language in the
bill is in sync with federal language to ensure that the names
can be removed.
CHAIR COGHILL asked if that was the reference to 18 U.S.C.
922(g)(4).
REPRESENTATIVE PRUITT said he believes so.
2:32:07 PM
CHAIR COGHILL stated that he would hold HB 366 for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Sponsor Statement.pdf |
SJUD 4/9/2014 1:30:00 PM |
HB 140 |
| HB140CS(FIN)am Explanation of Changes.pdf |
SJUD 4/9/2014 1:30:00 PM |
HB 140 |
| HB140CS(FIN)am Sectional Analysis.pdf |
SJUD 4/9/2014 1:30:00 PM |
HB 140 |
| HB140CS(FIN)am Version G.A.pdf |
SJUD 4/9/2014 1:30:00 PM |
HB 140 |
| Letters of Support.zip |
SJUD 4/9/2014 1:30:00 PM |
HB 140 |