Legislature(2009 - 2010)CAPITOL 120

04/01/2009 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 153 OPEN MEETINGS: EXCEPTION AND DEFINITION TELECONFERENCED
Moved CSHB 153(JUD) Out of Committee
*+ HB 201 CONCEALED HANDGUN PERMITS TELECONFERENCED
Moved CSHB 201(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 13 PROPERTY CRIMES TELECONFERENCED
Moved Out of Committee
HB 201 - CONCEALED HANDGUN PERMITS                                                                                            
                                                                                                                                
1:05:29 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE BILL NO. 201, "An Act  relating to the expiration date of a                                                               
concealed handgun permit."                                                                                                      
                                                                                                                                
1:05:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAIG JOHNSON,  Alaska State Legislature, sponsor,                                                               
relayed  that HB  201 would  provide  that a  person's permit  to                                                               
carry a concealed handgun would  expire on [the person's birthday                                                               
in  the fifth  year following  issuance  of the  permit]; that  a                                                               
constituent had first suggested to  him that the department ought                                                               
to  notify  permit  holders  that their  permits  were  about  to                                                               
expire, but doing so would  have resulted in a substantial fiscal                                                               
note; and that the bill constitutes a compromise.                                                                               
                                                                                                                                
1:07:13 PM                                                                                                                    
                                                                                                                                
JEANNE OSTNES, Staff, Representative  Craig Johnson, Alaska State                                                               
Legislature, mentioned  on behalf of the  sponsor, Representative                                                               
Johnson,  that  members'  packets contain  information  regarding                                                               
existing  regulations  and  the  various costs  of  [the  handgun                                                               
safety courses] offered around the state,  and a copy of both the                                                               
initial application and the renewal application.                                                                                
                                                                                                                                
REPRESENTATIVE  JOHNSON  surmised  that  since a  permit  is  not                                                               
required in Alaska, the bill is  primarily for those who desire a                                                               
permit for purposes of reciprocity with other states.                                                                           
                                                                                                                                
MS. OSTNES added that 34  states recognize Alaska's permit and 15                                                               
states do not.                                                                                                                  
                                                                                                                                
REPRESENTATIVE JOHNSON,  in response  to a question,  offered his                                                               
understanding that Alaska's  permit would not be  valid in either                                                               
Canada or Mexico.                                                                                                               
                                                                                                                                
REPRESENTATIVE JOHNSON  then directed members' attention  to what                                                               
would  become  Amendment  1,  labeled  26-LS0683\R.1,  Luckhaupt,                                                               
4/1/09, which read:                                                                                                             
                                                                                                                                
     Page 1, line 5:                                                                                                            
          Delete "license"                                                                                                  
          Insert "permit"                                                                                                   
                                                                                                                                
CHAIR  RAMRAS offered  his understanding  that the  Department of                                                               
Public Safety (DPS) supports HB 201.                                                                                            
                                                                                                                                
1:10:46 PM                                                                                                                    
                                                                                                                                
MICK  MANNS relayed  that he  is a  former deputy  sheriff and  a                                                               
former police  officer, and  indicated that  he had  a "concealed                                                               
carry  permit"  but didn't  get  into  town  in  time to  get  it                                                               
renewed.   Fingerprints  never change  and  therefore it  doesn't                                                               
make  sense to  have to  get fingerprinted  again or  to have  to                                                               
retake  the  [handgun safety]  course  after  simply missing  the                                                               
renewal deadline,  he remarked, but  acknowledged that he  has no                                                               
objection to  having to  pay a  reasonable late  fee.   At issue,                                                               
particularly  if one  lives in  a remote  location, is  having to                                                               
take the time  to come into town  to do those things.   He opined                                                               
that  there should  be an  exception  offered to  those who  just                                                               
don't get  into town in  time to renew  the permit, even  if that                                                               
exception includes having to pay a late fee.                                                                                    
                                                                                                                                
1:12:35 PM                                                                                                                    
                                                                                                                                
JACK  McMANUS had  his testimony  regarding HB  201 read  by Mick                                                               
Manns as follows:                                                                                                               
                                                                                                                                
     Honorable members  of the  Alaska legislature,  my name                                                                    
     is Jack McManus,  a retired lawyer who  moved to Alaska                                                                    
     20  years  ago.     I  live  in   Fairbanks,  and  have                                                                    
     substantial property  at Chandalar Lake.   I also write                                                                    
     extensively on  the Constitution of the  United States,                                                                    
     particularly the  Second Amendment.   In regard  to the                                                                    
     concealed  permit regulations,  I would  like to  point                                                                    
     out, in  Alaska you  do not need  a permit,  however, a                                                                    
     concealed  carry   permit  requires  one  to   take  an                                                                    
     instructional  course  ...  and to  shoot  for  record,                                                                    
     which we  have already done.   As your  supplicants, we                                                                    
     have done this  but because of an  excusable neglect or                                                                    
     inadvertent  -- we  have  not, at  this  time, got  our                                                                    
     permits  renewed on  time, and  have lost  the permits.                                                                    
     We  ask  you to  allow  the  former permit  holders  to                                                                    
     reestablish your  permit by  application and  perhaps a                                                                    
     reasonable  renewal  fee.   However,  we  have  already                                                                    
     passed the  educational requirements and have  shot for                                                                    
     record.  Thank you,  Semper Fidelis, Jack McManus, 907-                                                                    
     479-5001.                                                                                                                  
                                                                                                                                
MR. MANNS relayed  that his son is in the  same situation in that                                                               
at one  time he too  had a concealed  handgun permit.   Mr. Manns                                                               
relayed   that   the  three   of   them   would  appreciate   any                                                               
consideration that the  legislature could give to  the concept of                                                               
establishing a way to renew  such permits without having to drive                                                               
into town from  the Brooks Range and sit through  a class lasting                                                               
several days.                                                                                                                   
                                                                                                                                
CHAIR RAMRAS closed public testimony on HB 201.                                                                                 
                                                                                                                                
1:15:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL made  a motion to adopt  Amendment 1 [text                                                               
provided previously].  There being  no objection, Amendment 1 was                                                               
adopted.                                                                                                                        
                                                                                                                                
REPRESENTATIVE JOHNSON,  in response to a  question, relayed that                                                               
he  is unfamiliar  with  whether any  other  states have  pending                                                               
legislation addressing concealed handguns.                                                                                      
                                                                                                                                
1:16:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved to report  HB 201, as amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying zero  fiscal note.   There being no  objection, CSHB
201(JUD)  was   reported  from   the  House   Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
01 HB153 CS JUD Work draft version S.pdf HJUD 4/1/2009 1:00:00 PM
HB 153
01 HB201 Sponsor Statement.pdf HJUD 4/1/2009 1:00:00 PM
HB 201
02 HB153 CSHB152CRA version E.pdf HJUD 4/1/2009 1:00:00 PM
HB 152
HB 153
03 HB153 Bill version R.pdf HJUD 4/1/2009 1:00:00 PM
HB 153
04 HB153 DCCED FN.pdf HJUD 4/1/2009 1:00:00 PM
HB 153
04 HB153 Proposed Changes to the Open Meeting Act.pdf HJUD 4/1/2009 1:00:00 PM
HB 153
05 HB153 FNSB letter.pdf HJUD 4/1/2009 1:00:00 PM
HB 153
06 HB153 FNSB Resolution.pdf HJUD 4/1/2009 1:00:00 PM
HB 153
02 HB201 Bill version R.pdf HJUD 4/1/2009 1:00:00 PM
HB 201
03 DPS Alaska Concealed Hangun Permits.pdf HJUD 4/1/2009 1:00:00 PM
04 Backup DNM Article 3.31.09.pdf HJUD 4/1/2009 1:00:00 PM
05 HB201 NRA Info sheet .pdf HJUD 4/1/2009 1:00:00 PM
HB 201
06 HB201 Alaska Concealed Handgun Permits FAQ.pdf HJUD 4/1/2009 1:00:00 PM
HB 201
07 HB153 DNM Article 9.3.08.pdf HJUD 4/1/2009 1:00:00 PM
HB 153
07 HB201 MOA between PA and AK.pdf HJUD 4/1/2009 1:00:00 PM
HB 201
08 HB153 DNM Article 3.31.09.pdf HJUD 4/1/2009 1:00:00 PM
HB 153
08 HB201 AK Statutes, Regs, and Apps for Concealed Handgun Permits.pdf HJUD 4/1/2009 1:00:00 PM
HB 201
09 HB153 CRA Committee Report.pdf HJUD 4/1/2009 1:00:00 PM
HB 153
09 HB201-DPS-RI-03-26-09 (2).pdf HJUD 4/1/2009 1:00:00 PM
HB 201