Legislature(2005 - 2006)SENATE FINANCE 532

04/27/2006 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 231 BUDGET: CAPITAL & OTHER APPROPRIATIONS TELECONFERENCED
Scheduled But Not Heard
+ SB 291 MUNICIPAL HARBOR FACILITY GRANTS TELECONFERENCED
Moved CSSB 291(CRA) Out of Committee
+ SB 315 DISPOSITION OF UNREDEEMED PROPERTY TELECONFERENCED
Moved CSSB 315(L&C) Out of Committee
+ SB 274 STATE FIREARM DISPOSAL AND INVENTORY TELECONFERENCED
Moved CSSB 274(STA) Out of Committee
*+ SR 6 SENATE VPSO TASK FORCE TELECONFERENCED
Moved SR 6 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                                
     CS FOR SENATE BILL NO. 274(STA)                                                                                            
     "An Act relating to the disposition of forfeited, surplus,                                                                 
     and unclaimed firearms by the state."                                                                                      
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
Senator Dyson,  the bill's sponsor,  informed the  Committee that                                                               
this bill  would allow  the State to  sell confiscated  but legal                                                               
firearms for  "a reasonable  return". This  would be  contrary to                                                               
previous  [unspecified]  administrations' actions  of  destroying                                                               
such  items.  Both  the  Department  of  Public  Safety  and  the                                                               
Department  of  Administration   support  the  proposed  disposal                                                               
methodology.                                                                                                                    
                                                                                                                                
10:01:33 AM                                                                                                                   
                                                                                                                                
Senator  Dyson stated  that, while  the  majority of  confiscated                                                               
guns could  be legally  sold to  the public, some  guns are  of a                                                               
class that could  only be sold to people holding  Class 3 Firearm                                                               
Dealer licenses.  The "very  few" firearms  that are  illegal for                                                               
anyone  to own,  primarily due  to  such things  as their  barrel                                                               
being  cut off  or their  serial number  being defaced,  would be                                                               
disassembled.  The  illegal  portions   would  be  destroyed  and                                                               
remaining legal components would be available to the public.                                                                    
                                                                                                                                
Senator Dyson  also noted  the bill would  continue to  allow the                                                               
Department  of Public  Safety to  negotiate with  firearm dealers                                                               
for "a trade-in allowance" for  new equipment in exchange for the                                                               
confiscated firearm inventory. This  practice would continue with                                                               
the  new provision  that an  annual report  of the  value of  the                                                               
trade-in items  and the  items received  via that  transaction be                                                               
provided.                                                                                                                       
                                                                                                                                
Senator  Dyson  communicated  that this  legislation  would  also                                                               
address  the  liability issue  that  was  the basis  of  previous                                                               
administrations'  argument to  destroy  confiscated firearms.  It                                                               
would clearly  denote that  "the State has  no more  liability on                                                               
selling of a  firearm than they do  on a pick-up truck  or a dump                                                               
truck or anything else that they surplus".                                                                                      
                                                                                                                                
Co-Chair  Green  recalled  the liability  issue  being  addressed                                                               
previously. However, the  effort must have been in the  form of a                                                               
resolution.                                                                                                                     
                                                                                                                                
Senator Dyson affirmed.                                                                                                         
                                                                                                                                
10:04:06 AM                                                                                                                   
                                                                                                                                
Senator Olson asked whether there  has been any opposition to the                                                               
bill.                                                                                                                           
                                                                                                                                
Senator Dyson responded in the negative.                                                                                        
                                                                                                                                
Senator Olson specified that his  question primarily pertained to                                                               
the position of firearm manufacturers.                                                                                          
                                                                                                                                
Senator Dyson stated that firearm  manufacturers have not weighed                                                               
in on the issue. This  legislation would allow the general public                                                               
to  participate  in  the  purchase of  these  items  rather  than                                                               
continuing to  limit it to  individuals holding  dealer licenses,                                                               
as is the current practice.                                                                                                     
                                                                                                                                
Senator Dyson shared  the understanding that, in the  past, a few                                                               
dealers colluded  to hold prices  down by agreeing  beforehand as                                                               
to who would  bid on certain parcels. As a  result, the State was                                                               
receiving  "significantly  less  than   the  real  value  of  the                                                               
weapons".  He  reiterated  that  this  allegation  has  not  been                                                               
confirmed. Nonetheless,  allowing more  people to  participate in                                                               
the  firearm  auction  would  enhance   the  State's  ability  to                                                               
generate additional value from the surplus firearm effort.                                                                      
                                                                                                                                
10:05:33 AM                                                                                                                   
                                                                                                                                
Senator Bunde moved to report the bill from Committee with                                                                      
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There  being no  objection, CS  SB  274 (STA)  was REPORTED  from                                                               
Committee  with previous  $22,500 fiscal  note #1  dated February                                                               
23, 2006  from the  Department of Administration  and a  new zero                                                               
fiscal note  dated March 31,  2006 from the Department  of Public                                                               
Safety.                                                                                                                         
                                                                                                                                

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