Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/10/2014 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 176 REG. OF FIREARMS/KNIVES BY UNIVERSITY TELECONFERENCED
Heard & Held
*+ SB 203 COMPACT FOR A BALANCED BUDGET TELECONFERENCED
Scheduled But Not Heard
*+ SB 200 WRONGFUL DEATH OF AN UNBORN CHILD TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
          SB 176-REG. OF FIREARMS/KNIVES BY UNIVERSITY                                                                      
                                                                                                                                
2:14:02 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of SB  176. "An  Act                                                               
relating  to  the  regulation  of  firearms  and  knives  by  the                                                               
University of Alaska." This was the third hearing.                                                                              
                                                                                                                                
2:15:16 PM                                                                                                                    
HANS  RODVIK,   Intern,  Senator   John  Coghill,   Alaska  State                                                               
Legislature, Juneau,  Alaska, advised  that the sponsor  has been                                                               
considering  the concerns  of the  university. He  and his  staff                                                               
were working  on ways to  balance public safety  interests versus                                                               
the fundamental  right to  keep and  bear arms  and the  right to                                                               
privacy guaranteed  in the  Alaska Constitution.  To that  end, a                                                               
forthcoming committee  substitute (CS)  would narrow the  bill to                                                               
precisely focus on  concealed carry. He expressed  hope that this                                                               
would diffuse some of the  concerns and the notions that 16-year-                                                               
olds would carry long guns on  campus. He stressed that there was                                                               
never any intent  to have open carry on campus;  the intent is to                                                               
improve public safety by providing  adults on public campuses the                                                               
same form of defense they have throughout the rest of Alaska.                                                                   
                                                                                                                                
2:17:20 PM                                                                                                                    
CHAD  HUTCHISON,  Staff,  Senator   John  Coghill,  Alaska  State                                                               
Legislature, Juneau, Alaska,  advised that he is  an attorney and                                                               
UAF alumni. He restated the intent  of SB 176 and the fundamental                                                               
rights involved  and noted that Alaska  is one of the  few states                                                               
that has  the fundamental right  to privacy built into  the state                                                               
constitution. He explained that  when the question is fundamental                                                               
rights,  the  standard  used  by   the  court  system  is  strict                                                               
scrutiny. That  means that the  University of Alaska has  to show                                                               
that  their  restriction  is  necessary  to  a  compelling  state                                                               
interest and that it is the least restrictive alternative.                                                                      
                                                                                                                                
MR. HUTCHISON said  the University of Alaska  analysis touches on                                                               
that point  and the Board  of Regents' policy incorporates  it in                                                               
Chapter  02.09.020(D)  when  it   specifically  states  that  the                                                               
University's compelling interest is what  is at stake. To explain                                                               
what that  means, he  paraphrased the standard  set forth  in the                                                               
2007 State v.  Planned Parenthood case: "If  the individual right                                                               
proves to be fundamental, then strict scrutiny applies."                                                                        
                                                                                                                                
MR.  HUTCHISON said  the  University of  Alaska  policy can  only                                                               
withstand  constitutional  scrutiny  if  it  provides  the  least                                                               
restrictive  alternative.  University   officials  will  have  to                                                               
answer that  question. Everyone acknowledges that  the university                                                               
has  a compelling  interest  in ensuring  public  safety and  the                                                               
safety of its students, but the  second part of the analysis must                                                               
also be done. If firearms are  restricted on campus, is the least                                                               
restrictive alternative used?                                                                                                   
                                                                                                                                
MR. HUTCHISON said  he didn't know if the  university had brought                                                               
forward  least  restrictive  alternatives but  he  would  suggest                                                               
concealed carry  training/safety courses  and permits  related to                                                               
carrying concealed  handguns. In order to  restrict firearms, the                                                               
burden is on the University  of Alaska to follow the constitution                                                               
and  create a  policy that  is  the least  restrictive among  the                                                               
alternatives.                                                                                                                   
                                                                                                                                
2:23:12 PM                                                                                                                    
BOB  BIRD, representing  himself, Nikiski,  Alaska, testified  in                                                               
support of  SB 176. He advised  that he has been  a public school                                                               
teacher for 40  years and an adjunct instructor  at the community                                                               
college where  he frequently  takes classes.  Every time  he sees                                                               
the signs at the entrance  prohibiting weapons on campus he feels                                                               
insulted because he's read the  state constitution. He took issue                                                               
with  a previous  statement and  asserted  that the  university's                                                               
mission  is to  educate,  not  to protect.  He  wants to  protect                                                               
himself   because  protection   by   others   soon  morphs   into                                                               
restriction. He suggested the legislature  draft a bill to defend                                                               
students who  don't comply with  the university  firearms policy,                                                               
because  that  policy  is  out   of  compliance  with  the  state                                                               
constitution.                                                                                                                   
                                                                                                                                
DREW LEMISH, President, Union of  Students, University of Alaska,                                                               
Anchorage, testified  in opposition of  SB 176. He said  the bill                                                               
fixes  something  that isn't  broken  and  puts every  person  on                                                               
campus at  risk. He  relayed that  as a  student he  doesn't feel                                                               
secure sitting alongside somebody with  a firearm or knowing that                                                               
any of the 10,000 people on  campus every day could walk into his                                                               
office with a gun. He asked  the committee to consider why people                                                               
should be able  to walk into his university office  with a gun if                                                               
they can't  walk into legislator's  offices with a gun.  He urged                                                               
the committee not to pass the bill.                                                                                             
                                                                                                                                
2:27:52 PM                                                                                                                    
MATTHEW  KIRBY,  West  Coast   Regional  Director,  Students  for                                                               
Concealed Carry,  La Miranda, California, stated  that passing SB
176 will  compel the  University of Alaska  to comply  with state                                                               
law.  He expressed  hope for  a nation-wide  adoption of  laws to                                                               
protect  the ability  of  citizens to  defend  themselves in  any                                                               
circumstance in  which their  lives may  be threatened.  While no                                                               
law can ensure the safety  of citizens in every circumstance, the                                                               
provisions of  SB 176 are a  prudent addition to Alaska  law. The                                                               
bill is consistent with the  finding that average citizens can be                                                               
trusted  to  use  their   firearms  responsibly  in  self-defense                                                               
scenarios.  Of the  206 university  campuses that  allow students                                                               
and  faculty  to  carry  concealed weapons,  there  has  been  no                                                               
discernible increase in violent incidents.                                                                                      
                                                                                                                                
2:30:49 PM                                                                                                                    
JOHN ASPENES,  representing himself,  Fairbanks, Alaska,  said he                                                               
is  a retired  professor of  engineering at  UAF who  opposes the                                                               
unrestricted carry  of firearms on University  of Alaska campuses                                                               
for the following  reasons: UAF has an armed  police force, there                                                               
is  little crime  on campus,  many  high school  age and  younger                                                               
students  are on  campus year  around, the  university acts  in a                                                               
parental role of  many college-age students who  are immature and                                                               
live  in  a  stressful  environment,  there  will  be  unintended                                                               
consequences such  as accidents or  crimes committed in  the heat                                                               
of passion, there  is no compelling reason  to allow unrestricted                                                               
or  concealed carry  firearms on  the UA  campuses. He  urged the                                                               
continued restriction of firearms from all UA campuses.                                                                         
                                                                                                                                
2:32:42 PM                                                                                                                    
YOUNGER   OLIVER,  representing   herself  as   a  UAA   student,                                                               
Anchorage, Alaska,  testified in opposition  of SB 176.  She said                                                               
the  current  policies  have  been   effective  since  they  were                                                               
implemented.  The Board  of Regents  is the  governing body  that                                                               
knows the most about what is  happening on UA campuses and should                                                               
therefore  have the  authority to  develop and  implement policy.                                                               
Campuses  are  a  stressful environment  and  students  sometimes                                                               
threaten  professors and  other  students.  Allowing students  to                                                               
bring weapons to campus is a  bad idea and could cause bad things                                                               
to  happen. A  better idea  is to  focus on  preventing crime  on                                                               
campus. Now she can report a  student who is carrying a weapon on                                                               
campus, but if  SB 176 passes neither she nor  the police will be                                                               
unable to do anything until a  crime has been committed. UAA also                                                               
has childcare  facilities on campus  and these children  would be                                                               
vulnerable. She urged the committee to  review SB 176 and hold it                                                               
in committee.                                                                                                                   
                                                                                                                                
CHAIR  COGHILL  assured  Ms.  Oliver  that  state  law  regarding                                                               
childcare facilities would stand.                                                                                               
                                                                                                                                
2:35:07 PM                                                                                                                    
VICTORIA DANIELS, representing herself  as a UAS student, Juneau,                                                               
Alaska, testified in  opposition of SB 176. She said  that in the                                                               
role of student  government senator she has been  reaching out to                                                               
students, staff, and faculty about SB  176, and a majority of the                                                               
groups have  spoken out against  the bill. The  general consensus                                                               
is that  the bill would  create a safety issue.  The university's                                                               
primary  priority  is education  and  allowing  guns on  campuses                                                               
shifts the focus  to public safety. Another concern  is that K-12                                                               
students are hosted  on campus. The coalition  of student leaders                                                               
and the student government have  both taken a stand in opposition                                                               
to SB  176 and  she would  like the  committee to  consider those                                                               
views when voting.                                                                                                              
                                                                                                                                
2:36:38 PM                                                                                                                    
LANCE   ROBERTS,   representing   himself,   Fairbanks,   Alaska,                                                               
testified in support  of SB 176. He asserted that  the only thing                                                               
the university policies have been  effective in doing is to teach                                                               
students that  the constitution is  a meaningless  document, that                                                               
it's okay  for people to  take away their  constitutional rights,                                                               
that only  bad guys can  do anything,  and that they  should wait                                                               
for somebody to  defend them instead of  defending themselves. He                                                               
cautioned against teaching fear  and encouraged teaching students                                                               
to defend themselves and stand  up for their neighbor. The police                                                               
aren't  omnipotent; the  best defense  is for  good people  to be                                                               
armed. He refuted  the argument that K-12  students on university                                                               
campuses are vulnerable.  He pointed out that  K-12 students walk                                                               
through the rest of the community  that extends the right to bear                                                               
arms  to  its  citizens,  and it  hasn't  presented  any  special                                                               
problem. He encouraged  the committee to advance SB  176 and give                                                               
university students the opportunity to  learn what it means to be                                                               
given responsibility and exercise it appropriately.                                                                             
                                                                                                                                
2:39:43 PM                                                                                                                    
CALLIE CONERTON, UAS student  government senator, Juneau, Alaska,                                                               
said  she  was  speaking  on   behalf  of  the  students  of  the                                                               
University of Alaska  to discuss SB 176 and  the students' views.                                                               
She advised that when the  coalition of student leaders discussed                                                               
the bill  with students, over  70 percent voiced  opposition. The                                                               
coalition does not  believe the bill is  beneficial or necessary.                                                               
The university  is a  place of  education and  not the  place for                                                               
guns. Students also  find it scary that a person  can carry a gun                                                               
without  permits  or training.  Both  UAA  and UAF  have  daycare                                                               
facilities but  families don't feel safe  bringing their children                                                               
to a  campus that  allows concealed carry  weapons. She  said the                                                               
university is  committed to  the safety  of its  students, staff,                                                               
and visitors  and she stands  behind the university,  the student                                                               
government  at  UAS, and  the  coalition  of student  leaders  in                                                               
opposition to SB 176.                                                                                                           
                                                                                                                                
2:41:40 PM                                                                                                                    
LORA VESS, Ph.D., representing herself,  said she is an assistant                                                               
professor at UAS who is strongly  opposed to SB 176. She does not                                                               
oppose  the  owning or  using  guns  but  does not  believe  that                                                               
institutions of higher education  are the appropriated setting to                                                               
wage a battle  over rights to possess firearms.  Students who are                                                               
struggling to  find their adult  identity and develop a  sense of                                                               
self  don't  need the  complication  of  a potentially  explosive                                                               
variable in  this transition  period. She advised  that she  is a                                                               
graduate of  Virginia Tech and had  friends on campus the  day of                                                               
the  shooting. That  act of  gun  violence was  horrific, but  it                                                               
didn't  reverse  her  position   regarding  firearms  on  college                                                               
campuses.  It made  her aware  of the  complexity of  the factors                                                               
that shape criminal action.                                                                                                     
                                                                                                                                
SB 176 is  not reflective of the systematic  understanding of the                                                               
roots  of   violence  on  university  campuses.   Rather,  it  is                                                               
ideologically driven  with a narrow conceptualization  of freedom                                                               
and liberty that  has nothing to do with the  operation and needs                                                               
of  Alaska's universities  or the  safety of  students and  other                                                               
people  on campus  every  day,  she said.  Amending  the bill  to                                                               
concealed  carry does  not alleviate  any concerns,  even with  a                                                               
four-hour safety course.  That is less time  than students expect                                                               
to  study for  an exam  and  their life  or the  lives of  others                                                               
doesn't depend on  passing that exam. She urged  the committee to                                                               
support  the  University Of  Alaska  Board  Of Regents  in  their                                                               
opposition to SB 176.                                                                                                           
                                                                                                                                
JAENELL  MANCHESTER,  representing  herself  as  a  UAF  student,                                                               
Fairbanks, Alaska,  stated that the current  policies implemented                                                               
by  the  Board  of  Regents  are more  than  adequate  to  safely                                                               
regulate  firearms on  campus. She  highlighted  that Alaska  has                                                               
some of the highest suicide by  firearm rates in the nation. This                                                               
is  not  an unrecognized  concern  on  UA  campuses, but  SB  176                                                               
potentially removes  the university's ability to  proactively act                                                               
against  depressed  and  volatile   individuals,  she  said.  The                                                               
International  Review  of  Law   and  Economics  found  a  strong                                                               
positive affect  of gun prevalence  on suicide. She said  that SB
176 will increase access to firearms  on campus and this will not                                                               
be  a  benefit to  students,  particularly  those with  a  mental                                                               
illness.                                                                                                                        
                                                                                                                                
2:46:32 PM                                                                                                                    
CHUCK  GREEN, Second  Amendment  Task  Force, Anchorage,  Alaska,                                                               
stated  support  for  SB  176  and agreement  with  most  of  the                                                               
testimony on  3/5/14. He explained  that the task  force, working                                                               
in  conjunction   with  Students  for  Concealed   Carry,  became                                                               
involved in this issue in  2009. The first organized activity was                                                               
a  campus  demonstration in  spring  2010  in  order to  gain  an                                                               
audience  with the  Board of  Regents  or start  a legal  action.                                                               
After  an  administrative hearing,  a  decision  was made  to  go                                                               
through  university channels  to remedy  the situation.  However,                                                               
efforts to reason with the Board have been unsuccessful.                                                                        
                                                                                                                                
Addressing  previous comments  questioning the  responsibility of                                                               
youth, he  said he has  taught kids as  young as eight  years old                                                               
how to shoot and was struck  with the seriousness with which they                                                               
approached the subject. He also  pointed out that middle and high                                                               
school  kids living  in  the  Bush often  carry  guns to  school.                                                               
Concerns about accidents  are valid, but motor  vehicles are more                                                               
dangerous than firearms and 16-year-olds are allowed to drive.                                                                  
                                                                                                                                
MR.  GREEN  discussed  news reports  of  violent  or  potentially                                                               
violent incidents that were stopped  by armed citizens. According                                                               
to one estimate,  as many as 2 million crimes  a year are stopped                                                               
by  armed citizens.  Some of  the  incidents were  in Alaska.  He                                                               
suggested the committee  consider in the deliberations  of SB 176                                                               
that  federal law  already prevents  mental patients  from owning                                                               
weapons.  He further  suggested  that the  committee support  the                                                               
bill  because individuals  shouldn't  have to  ask permission  to                                                               
exercise their rights.                                                                                                          
                                                                                                                                
2:50:48 PM                                                                                                                    
COURTNEY  ENRIGHT,  Student  Regent,  said she  was  speaking  on                                                               
behalf of the 34,000 students  in the University of Alaska System                                                               
that  she  statutorily  represents.  She  advised  that  she  has                                                               
received an  outcry of student responses  to SB 176 and  about 70                                                               
percent don't  support the bill  as written. The  largest concern                                                               
is the  protection of the  learning environment because  the bill                                                               
as  currently written  wouldn't  allow a  professor  to remove  a                                                               
student  from  the learning  environment  if  they were  using  a                                                               
weapon in an inappropriate or  distracting manner. Other concerns                                                               
include  high suicide  rates, consumption  of  alcohol and  other                                                               
mind altering substances, and the  high stress environment of the                                                               
university that  sometimes causes people to  act differently. The                                                               
rest  of the  concerns can  be  summed up  in the  "wisdom of  20                                                               
somethings."  They make  mistakes and  they're learning,  but the                                                               
university is  a fairly safe  environment in which to  make those                                                               
mistakes. She questioned the wisdom  of allowing increased access                                                               
to a  tool that could allow  making mistakes in a  way that would                                                               
haunt an  individual for  the rest of  their life  or potentially                                                               
shorten their life.                                                                                                             
                                                                                                                                
2:53:07 PM                                                                                                                    
DAVID  NOON,  representing  himself,  said  he  is  an  associate                                                               
professor  and chair  of the  Social Sciences  Department at  the                                                               
University of Alaska  Southeast. As an educator, he  can think of                                                               
very few  things more detrimental  to the university  mission and                                                               
his mission  as a teacher than  SB 176. It promises  to raise the                                                               
likelihood that  gun violence will  occur throughout  the campus.                                                               
He agreed with  the previous speaker that there are  a great many                                                               
compelling  reasons  to limit  the  availability  of firearms  on                                                               
campuses. Young people  between the ages of 18 and  24 are vastly                                                               
more  likely  than other-age  cohorts  to  drink excessively,  to                                                               
suffer from  mental illness,  and to  commit violent  gun crimes.                                                               
There  are horrific  exceptions, but  college campuses  are among                                                               
the safest places for 18-24  year olds to gather. Statistics from                                                               
the  U.S. Justice  Department bear  this out.  The likelihood  of                                                               
being a victim of  a violent crime is about 20  percent less on a                                                               
college campus  than elsewhere.  Campus living  is also  safer; 7                                                               
out of  8 university students  who are victims of  violent crimes                                                               
are  victimized  off  campus.  Ninety  percent  of  the  violence                                                               
committed  against college  students takes  place off  campus. He                                                               
said the  logic of the  bill is  to make the  universities safer,                                                               
but  it's an  ideological search  for  a solution  that lacks  an                                                               
empirical problem  that can  be identified.  He said  he wouldn't                                                               
want  to trust  any  of his  past or  present  students with  his                                                               
safety in  a stressful, violent  situation. He doesn't  trust his                                                               
employers on  every question,  but he does  trust them  to design                                                               
policies  that  allow  him  to   teach  in  the  safest  possible                                                               
environment. He said he doesn't  trust an assembly of legislators                                                               
to design  or eradicate those  policies and would urge  defeat of                                                               
the bill.                                                                                                                       
                                                                                                                                
SENATOR   DYSON  asked   if  he   trusts   legislators  and   the                                                               
administration to  dictate which  of the Bill  of Rights  will be                                                               
abridged.                                                                                                                       
                                                                                                                                
MR. NOON answered, "Certainly." He  added that he also trusts the                                                               
Board  of Regents  who are  familiar  with the  working lives  of                                                               
students, faculty and  staff to design policies  that keep people                                                               
safe.                                                                                                                           
                                                                                                                                
TASHA HANSEN,  representing herself, Juneau, Alaska,  said she is                                                               
a  student at  UAS. She  discussed the  Board of  Regents' policy                                                               
that allows weapons  on campus so long as they  are locked in the                                                               
trunk  of  a  car.  The  problem  for her  is  that  she's  in  a                                                               
wheelchair,  she wants  to carry  a firearm  for self-protection,                                                               
and she  doesn't have a car.  She stressed that it's  a matter of                                                               
personal safety to be able to carry a weapon for self-defense.                                                                  
                                                                                                                                
3:00:33 PM                                                                                                                    
SCOTT GELLERMAN, representing  himself, Anchorage, Alaska, stated                                                               
that he's  read SB 176 and  the sponsor statement and  is in full                                                               
agreement with  both. The  constitutional question  is sufficient                                                               
grounds  to  pass  the  bill.   The  concerns  regarding  unsafe,                                                               
unlawful,  and irresponsible  carry  are unfounded  and based  on                                                               
fear and anxiety  rather than factual data. He  surmised that the                                                               
majority of  individuals who would  choose to carry on  campus if                                                               
this  bill  passes  are  already   participating  in  lawful  and                                                               
responsible   carry  while   they're  off   campus.  He   doesn't                                                               
anticipate  any detectible  change  in  day-to-day activities  on                                                               
campus  should  this bill  pass.  SB  176  is about  rights,  not                                                               
misguided fear, he concluded.                                                                                                   
                                                                                                                                
3:02:16 PM                                                                                                                    
CHAIR COGHILL held SB 176 in committee for further                                                                              
consideration. Public testimony was open.                                                                                       

Document Name Date/Time Subjects
Written Testimony / Supporting Documents.zip SJUD 3/10/2014 1:30:00 PM
SB 176
SB200-LAW-CIV-03-07-14.pdf HRLS 4/13/2014 2:00:00 PM
SJUD 3/10/2014 1:30:00 PM
SB 200
Sectional Analysis.pdf HRLS 4/13/2014 2:00:00 PM
SJUD 3/10/2014 1:30:00 PM
SB 200
Sponsor Statement.pdf SJUD 3/10/2014 1:30:00 PM
SB 200
Supporting Document.pdf HRLS 4/13/2014 2:00:00 PM
SJUD 3/10/2014 1:30:00 PM
SB 200
UA Legal Analysis.pdf SJUD 3/10/2014 1:30:00 PM
SB 176