Legislature(2013 - 2014)BELTZ 105 (TSBldg)
03/19/2014 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB180 | |
| SB176 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| * | SB 180 | ||
| HB 292 | |||
| = | SB 176 | ||
SB 176-REG. OF FIREARMS/KNIVES BY UNIVERSITY
2:19:50 PM
CHAIR COGHILL announced the consideration of SB 176. "An Act
relating to the regulation of firearms and knives by the
University of Alaska." He said it was the fourth hearing of the
bill. He noted the proposed committee substitute (CS), Version
Y.
2:20:48 PM
SENATOR MCGUIRE moved to adopt CS for SB 176, labeled 28-
LS1385\Y, as the working document.
CHAIR COGHILL objected for purposes of an explanation.
2:21:50 PM
CHAD HUTCHISON, Staff, Senator John Coghill, Alaska State
Legislature, Juneau, Alaska, presented Version Y of SB 176 on
behalf of the sponsor. He explained that Version Y focuses on
concealed carry. He cited an article called "Despite Policy,
Weapons Still Appear on University Campus" that quotes a
security officer on the UAF campus. In 1995, the UA Board of
Regents established a policy that does not allow anyone to carry
concealed guns, knives, and explosives on the university
property, inside university buildings and classrooms off campus,
or at university-sanctioned events. But, Officer McGee says that
Alaska's conceal and carry laws may keep him from enforcing that
policy. He said, "As the police chief, and as a resident here in
the state of Alaska, I think there's probably a greater number
of firearms on campus than any of us really know about; it's
just that these people aren't using their firearms to commit
criminal acts."
MR. HUTCHINSON said this demonstrates three things: there are
already firearms on campus, clarity, as it relates to concealed
carry, is necessary, and the current policy of UA does not work.
He opined that the CS strikes a balance between individual
rights to keep and bear arms and the individual rights to
privacy. It constitutes a reasonable compromise between concerns
of university students, safety in the schools, and the
fundamental rights of individuals who have guns on campus.
He stated that the fundamental principal of the bill is that the
university may not restrict concealed carry. There are certain
restrictions that relate to weapons misconduct. He provided a
sample of the restrictions. As a compromise, the bill now
includes the use of an approved lock box for the weapons and a
permitting process is required.
2:29:02 PM
HANS RODVICK, Intern, Senator John Coghill, Alaska State
Legislature, Juneau, Alaska, presented information related to SB
176 on behalf of the sponsor. He explained the permitting
process of obtaining an Alaska concealed handgun permit. He
shared the history of the concealed handgun permit. He listed
who could, and could not, carry a concealed handgun.
2:31:32 PM
He summarized the requirements to carry a concealed handgun. He
discussed the required competency class. It tests knowledge of
Alaska laws, self-defense concepts, responsible use, and
physical competence with a handgun. A person must go to the
Department of Public Safety and pay for the license and submit
fingerprints and a digital photo that was taken within 30 days.
He opined that these rigorous requirements to obtain a permit
strike a balance of public safety and lawful citizens exercising
their fundamental rights. He stated that statistics show that
these individuals will be lawful and safe.
2:35:08 PM
SENATOR MCGUIRE asked how the university received the committee
substitute. She submitted that Version Y is well-crafted and
provides more safety assurances.
MR. RODVICK deferred to Mr. Hutchison.
MR. HUTCHISON said he's conferred with the legislative liaison
for the university system and the attorney who drafted the legal
opinion of the first version of the bill. He said President
Gamble would disclose the results of the University Board of
Regent's executive session.
CHAIR COGHILL said he assured President Gamble that he was
taking this legislation seriously.
2:37:33 PM
SENATOR DYSON strongly suggested fleshing out the definition of
"lock box." He asked if the university regulates pocket knives.
MR. HUCHISON agreed to the conversation about a definition of
the lock box.
CHAIR COGHILL expected to find a solution to this bill by Monday
or not at all this year.
SENATOR MCGUIRE asked how legalization of the use of marijuana
interfaces with the federal requirement of attesting to not
being addicted to a controlled substance.
MR. HUTCHISON agreed there is an apparent conflict.
CHAIR COGHILL opened public testimony.
2:41:53 PM
PATRICK GAMBLE, President, University of Alaska, Anchorage,
Alaska, answered questions related to SB 176. He maintained that
most of the discussion, including the recent presentation, has
missed the point of the university's concern. The focus is no
longer on fundamental rights of the individual and now deals
with a compromise. He stressed that the Board has not changed
its position and continues to believe that board policy has been
effective.
He termed the dilemmas "legal and operational" The legal dilemma
is that there are excepted gun carry areas in the state under
state law. The question has to be why those areas were excepted
- why have they been taken out of those fundamental rights. The
answer is risk and safety. The Supreme Court determined that
states could make exceptions and Alaska did. He concluded that
Board policy is based on those exceptions. He further described
the dilemma of trying to map the state law with its concerns,
over onto a university community, which has many of the exact
same conditions that are listed in the state's exceptions, such
as "K - 12 students" and "around a place serving liquor" and "in
a residence without the permission of the chief resident."
He emphasized that the bill creates unintended consequences that
are real world, operational, actions and responsibilities, and
liabilities, that the university is uniquely responsible for.
He discussed the fiscal note which contains a list of
operational provisions that the university would have to put
into place in order to get around the exceptions on campus. He
opined it would be costly, as reflected in the fiscal note. The
number in the fiscal note was taken from the cost of the
University of Idaho's operational plan, a single campus.
2:47:27 PM
PRESIDENT GAMBLE discussed risk and why there are exceptions to
areas where guns can be carried. He stated that the university
does not deal in hypothetical scenarios, but in probabilities
due to being accountable and liable. The university has a risk
assessment system which determines a value for risk. He said the
"state of play" today is that the campus is 24 times safer from
violence in terms of murder and assault with intent to kill or
maim than on city streets in Alaska.
He reported only four gun incidents where there was discipline
involved at the University of Alaska in the last three years. In
terms of risk, the UA campus is one of the safest places to be
right now. Increasing the number of weapons increases the
probability of accidents. He referred to hundreds of letters
from donors, faculty, and students, in opposition to the bill,
who say they are not going to stay in a public school that has
this law in its current, as-written state.
He said in his experience, most accidents in the military were
self-induced and the more weapons, the more incidents. He
concluded that the bill will not make the campus safer and he
has evidence that there is a downside to the bill.
2:52:02 PM
He concluded that the bill is a moving target and that isn't
impressive. With some pushback there was an effort to compromise
rights just to get a bill passed. The Board policy looks good
and they are satisfied with it in its current form. His said his
assessment is that the probability and liability of what is
currently in place are nicely balanced. This bill doesn't
enhance that.
2:54:02 PM
SENATOR WIELECHOWSKI said his perspective is that this is a
constitutional issue. In the future he'd like to hear from legal
scholars on the issue.
CHAIR COGHILL said he agrees. He doesn't believe that citizens
check their rights at the university door. He said he is willing
to work on the safety issues.
PRESIDENT GAMBLE said it has been a good hearing on the bill.
He said he supports the dialog with constitutional scholars.
CHAIR COGHILL concluded that President Gamble has to manage the
campus from a legal and a practical perspective. He said he has
to look at the individuals in Alaska and ask about citizen
rights.
CHAIR COGHILL held SB 176 in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 292 Letter from Dept. of Law.PDF |
SJUD 3/19/2014 1:30:00 PM |
HB 292 |
| HB 292 Sectional Analysis.PDF |
SJUD 3/19/2014 1:30:00 PM |
HB 292 |
| HB 292 Fiscal Note - Dept. of Law.pdf |
SJUD 3/19/2014 1:30:00 PM |
HB 292 |
| HB 292 Amendment C.1.pdf |
SJUD 3/19/2014 1:30:00 PM |
HB 292 |
| SB180 Sponsor Statement.pdf |
SJUD 3/19/2014 1:30:00 PM |
SB 180 |
| SB180 Sectional Analysis.pdf |
SJUD 3/19/2014 1:30:00 PM |
SB 180 |
| Written Testimony #4.zip |
SJUD 3/19/2014 1:30:00 PM |
SB 176 |