Legislature(1995 - 1996)
03/26/1996 08:10 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 177
An Act relating to permits to carry concealed
handguns.
Co-chairman Halford directed that SB 177 be brought on for
discussion, referenced a draft Senate Finance Committee
Substitute, and noted proposed amendments. Senator Green,
sponsor of the legislation, explained that work draft 9-
LS1139\D, Luckhaupt, 3/25/96, incorporates amendments
offered at an earlier hearing. In addition, concern raised
by members regarding the drafting style used in provisions
relating to state ferries was addressed by new language at
page 6, line 32, and a new Sec. 14 on page 8.
Senator Sharp MOVED for adoption of CSSB 177 (Fin), "D"
version as the mark-up vehicle. No objection having been
raised, CSSB 177 (Fin) was ADOPTED.
Senator Randy Phillips MOVED for adoption of Amendment No.
3. Co-chairman Frank requested an explanation. Senator
Phillips raised a question regarding whether the ability of
one to carry a concealed weapon supercedes the right of a
homeowner to prevent those carrying concealed weapons from
coming into one's home. Under current law a homeowner must
post a sign or verbally advise that he or she does not want
those carrying concealed weapons on the premises. Senator
Phillips voiced his belief that the right of a homeowner to
prevent entry of those carrying concealed weapons supercedes
the rights of those carrying weapons. The person carrying a
weapon should have to seek permission to enter the property.
Co-chairman Halford agreed that the rights of the homeowner
should prevail, but he raise a question concerning notice
requirements.
Discussion followed among members regarding amendment
language requiring that express permission to bring a
concealed handgun into a residence be obtained from an
"adult" residing in the residence. Senator Zharoff
questioned whether the language might be too broad, but
alternative language was not developed.
Senator Green stated her opposition to the amendment. She
suggested that if a homeowner desires that someone not carry
a concealed handgun onto the premises, the homeowner should
make his or her wishes known. A homeowner has the right to
deny anyone access to the owner's home. She suggested that
the amendment makes false, prejudicial assumptions about
those who carry concealed weapons. Senator Rieger noted
that, at times, homeowners allow individuals they do not
know well to enter their homes. Alaskans are hospitable
people. The point made by the amendment addresses governing
priorities within the walls of an individual's residence.
Co-chairman Halford called for a show of hands on adoption
of the amendment. Amendment No. 3 was ADOPTED on a vote for
4 to 3.
Senator Randy Phillips next referenced an amendment for the
Mary Conrad Center. He voiced his understanding that the
bill allows the department to implement regulations
prohibiting the carrying of concealed weapons in certain
places such as on the marine highway system. He then asked
whether provisions should be placed in statute or dealt with
via regulation. Senator Sharp noted that entities have the
right to post notice "against anything coming into their
building, whether it's handguns or backpacks." Senator
Phillips stressed that the concern is larger than the issue
of concealed weapons. Is the Legislature going to allow the
bureaucracy to implement regulations based on what the law
says or otherwise? Co-chairman Frank concurred that no
parameters had been established. Senator Phillips voiced a
preference for statutory listing of establishments within
which the carrying of concealed weapons is prohibited.
Senator Green directed attention to language at the bottom
of page 6 and noted that it speaks to state and federal
prohibitions against possession of a deadly weapon or
firearm. BRENT HUBER, aide to Senator Green, briefly came
before committee. He explained that language at page 6
referencing state and federal law was included to allow
existing regulations for the ferry system to "take care of
their concern." It was later determined that ferry system
prohibitions are policy rather than regulation. The ferry
system was thus specifically cited in the bill.
Senator Phillips again referenced an amendment for the Mary
Conrad Center and asked if the facility could prohibit
possession of concealed weapons. Mr. Huber responded
affirmatively, advising that the facility would merely have
to post a sign advising of the prohibition. Senator Green
noted that the same ability would be available to facilities
providing services to victims of domestic violence and
sexual assault set forth in Senator Rieger's amendment.
Senator Rieger explained that his amendment responds to
testimony from the director of the council on domestic
violence who did not want shelters excluded from current
law. Amendment language reinstates those facilities.
Senator Rieger further cautioned that the criminal trespass
statute referred to as a means of "keeping people out" is
being removed elsewhere in the bill as one of the violations
providing grounds for revoking a permit to carry a concealed
weapon. Senator Sharp noted that the trespass law remains
strong in terms of prohibiting entry. Removal of trespass
as grounds for revoking a permit has no relation to posting
of notices prohibiting concealed weapons in facilities.
Further discussion focused on provisions at page 4, line 10,
of the work draft. Senator Donley noted that brackets
enclosing citation of AS 11.46.320 and 11.46.330 should have
been removed from the bill as part of an earlier motion.
Co-chairman Halford directed that the brackets be removed.
Senator Rieger MOVED for adoption of the domestic violence
amendment. Discussion followed regarding the process for
prohibiting concealed weapons on public versus private
property. Senator Donley advised that private property
owners need merely post notice while prohibition on public
property must be set in statutes. Additional discussion
followed regarding ferry system policy regarding weapons.
Referencing the proposed amendment, Senator Green noted that
victims of domestic violence are sometimes permit holders.
She then suggested that the amendment would prohibit them
from entering shelters. She noted that, under the propose
bill, shelters could formulate policy that regulates the
issue and post the premises, if management chooses to do so.
Senator Rieger stressed that those living at shelters are
living in great fear and want nothing around them that could
cause additional fear. They seek assurance that the shelter
is a safe place. Senator Green reiterated that the facility
has the right to post notice of prohibition. Senator Rieger
suggested that the ability to post is not clear under
existing language.
Co-chairman Halford called for a show of hands on adoption
of the amendment. The domestic violence facility amendment
was ADOPTED on a vote of 4 to 3.
Directing attention to page 6, Senator Zharoff again raised
a question concerning areas cited in subsections (4) through
(12) and posed for removal. Senator Sharp MOVED that CSSB
177 (Fin) pass from committee with individual
recommendations and accompanying fiscal notes. No objection
having been raised, CSSB 177 (Fin) was REPORTED OUT of
committee with zero notes from the Dept. of Law and Dept. of
Corrections and a note from the Dept. of Public Safety
showing a revenue reduction of ($117.6). Co-chairmen
Halford and Frank and Senators Donley and Sharp signed the
committee report with a "do pass" recommendation. Senators
Phillips, Rieger, and Zharoff signed "no recommendation."
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