Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/21/2014 01:30 PM Senate JUDICIARY


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Audio Topic
12:55:47 PM Confirmation Hearings
01:34:19 PM Start
01:35:29 PM Confirmation Hearings
01:58:12 PM HB292
02:06:24 PM SB170
02:19:51 PM SB176
02:52:39 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference --
Bills Previously Heard/Scheduled
= HB 292 2014 REVISOR'S BILL
Moved CSHB 292(JUD) Out of Committee
= SB 170 AFFIRMATIVE DEFENSE TO PROSTITUTION
Moved SB 170 Out of Committee
= SB 176 REG. OF FIREARMS/KNIVES BY UNIVERSITY
Moved CSSB 176(JUD) Out of Committee
          SB 176-REG. OF FIREARMS/KNIVES BY UNIVERSITY                                                                      
                                                                                                                                
2:19:51 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of  SB 176. "An  Act relating to the  regulation of                                                               
firearms  and knives  by the  University of  Alaska." He  invited                                                               
public testimony.                                                                                                               
                                                                                                                                
2:20:21 PM                                                                                                                    
JARMYN KRAMLICH  President, UAS Student Body  Government, Juneau,                                                               
Alaska,  testified in  opposition  to SB  176.  He reported  that                                                               
students  at  the  Juneau  campus  feel that  SB  176  will  have                                                               
unintended  consequences  that  will   interfere  with  the  main                                                               
purpose of the University of  Alaska. Students voiced concern for                                                               
their safety  and that  the Board  of Regents  would not  be able                                                               
enact policies in the best interest of students.                                                                                
                                                                                                                                
2:22:53 PM                                                                                                                    
JESSICA DOMINY,  Vice-President, UAS Student  Government, Juneau,                                                               
Alaska,  testified  in opposition  to  SB  176. She  shared  that                                                               
fellow  students from  rural areas  are  very comfortable  around                                                               
firearms, but don't understand why  they should be on the college                                                               
campus.  She questioned  what accommodations  would  be made  for                                                               
high  school  and  elementary  students  who  are  frequently  on                                                               
campus. She urged the committee not to pass the legislation.                                                                    
                                                                                                                                
SENATOR DYSON  said our form  of government provides  that rights                                                               
should  only  be  restricted  if there  is  a  compelling  public                                                               
reason. He  questioned whether  there is  a compelling  reason in                                                               
this  instance and  then if  it  extends to  first amendment  and                                                               
fourth amendment  rights. He further questioned  whether feelings                                                               
should govern the restriction of  rights, particularly freedom of                                                               
speech.                                                                                                                         
                                                                                                                                
MR. KRAMLICH replied  that the issue is that  students don't feel                                                               
concealed weapons have any place in the classroom.                                                                              
                                                                                                                                
2:29:04 PM                                                                                                                    
RUSSELL KELL, representing  himself, Anchorage, Alaska, testified                                                               
in support  of SB 176.  He said people  are safest when  they can                                                               
defend themselves.  He questioned why millions  of dollars should                                                               
be spent on an institution that ignores rights.                                                                                 
                                                                                                                                
2:31:00 PM                                                                                                                    
MIKE  COONS,  representing  himself,   Palmer,  Alaska,  said  he                                                               
opposes  the committee  substitute because  it is  an attempt  to                                                               
placate  the  Board of  Regents  that  is abrogating  rights.  He                                                               
recommended passing the original bill.                                                                                          
                                                                                                                                
2:33:55 PM                                                                                                                    
ROBERT CLIFT, representing  himself, Anchorage, Alaska, testified                                                               
in support  of SB 176. He  pointed out that students  are already                                                               
around people on  campus who are armed. If  the university knows,                                                               
they just  ask the  person to leave.  He said  the administration                                                               
enforces  its policy  when it  sees fit  and ignores  it when  it                                                               
doesn't.                                                                                                                        
                                                                                                                                
2:36:29 PM                                                                                                                    
MICHAEL  CHAMBERS, Chair,  Alaska  Libertarian Party,  Anchorage,                                                               
Alaska, testified  in support of  SB 176. He maintained  that the                                                               
right to bear arms is a fundamental right.                                                                                      
                                                                                                                                
2:37:29 PM                                                                                                                    
BARBARA  J.  STRUBLE,  representing herself,  Anchorage,  Alaska,                                                               
asked the  committee to  pass SB  176 in  its original  form. She                                                               
concurred with the four previous speakers.                                                                                      
                                                                                                                                
2:38:28 PM                                                                                                                    
MARK  FISH, representing  himself,  Big Lake,  Alaska, asked  the                                                               
committee to pass  the original version of SB 176.  He said it is                                                               
a public  university on public  land and individual  rights ought                                                               
to  be  respected. If  the  university  doesn't provide  for  the                                                               
students, they ought to be able to provide for themselves.                                                                      
                                                                                                                                
CHAIR COGHILL  closed public testimony. He  removed his objection                                                               
and Version Y was adopted.                                                                                                      
                                                                                                                                
He  explained  that  there  has  to be  a  compelling  reason  to                                                               
restrict a right.  Requiring a permit may be  restrictive, but it                                                               
may  be the  least  restrictive  option. He  asked  his staff  to                                                               
comment.                                                                                                                        
                                                                                                                                
2:42:31 PM                                                                                                                    
HANS RODVIK, Intern,  Senator John Coghill, responded  to some of                                                               
the concerns  that have been  raised in  testimony on SB  176. He                                                               
said a large concern is there  are K-12 students on campus. These                                                               
students  are  already surrounded  by  adults  who conceal  carry                                                               
statewide.  Following the  university's logic,  the state  should                                                               
prohibit concealed carry everywhere the students happen to be.                                                                  
                                                                                                                                
Another concern  is that the  university would be  defenseless to                                                               
defend  the campus.  This  is incorrect  because  all laws  would                                                               
still stand.  The bill simply says  that people would be  able to                                                               
defend themselves.                                                                                                              
                                                                                                                                
He  maintained that  the bill  codifies current  practice because                                                               
students  and others  are  already  exercising their  fundamental                                                               
rights.                                                                                                                         
                                                                                                                                
He  said the  idea that  the policy  distracts from  the learning                                                               
environment  argument is  faulty  because the  public is  already                                                               
around people who conceal carry.                                                                                                
                                                                                                                                
He  turned  to the  argument  about  the  presence of  drugs  and                                                               
alcohol on  campus and said  his research shows evidence  of that                                                               
not being  a problem. It  is a crime  to conceal carry  under the                                                               
age of 21.                                                                                                                      
                                                                                                                                
MR. RODVIK  concluded that  this bill  contains a  proper balance                                                               
between  the public  safety interest  of the  university and  two                                                               
fundamental  rights. The  data shows  that lawful  adults who  go                                                               
through  the  rigorous  process  to  obtain  concealed  hand  gun                                                               
permits  will remain  law  abiding, will  be  properly suited  to                                                               
defend  themselves  and  others,  and  won't  distract  from  the                                                               
learning environment on university campuses.                                                                                    
                                                                                                                                
2:48:25 PM                                                                                                                    
CHAD  HUTCHISON,   Staff,  Senator  John  Coghill   Alaska  State                                                               
Legislature,  Juneau,  Alaska,  described  the  CS  for  SB  176,                                                               
Version  Y,  as the  least  restrictive  alternative and  a  fair                                                               
balance of the elements.                                                                                                        
                                                                                                                                
CHAIR  COGHILL  noted  that  this   is  the  first  committee  of                                                               
referral.                                                                                                                       
                                                                                                                                
2:49:35 PM                                                                                                                    
SENATOR DYSON  moved to  [report the  CS for  SB 176,  Version Y,                                                               
from committee  with individual recommendations and  the attached                                                               
fiscal note(s).]                                                                                                                
                                                                                                                                
CHAIR COGHILL  objected. He  noted the  legal principle  is fully                                                               
debated. He said  the bill has a  fiscal note and will  go to the                                                               
Senate Finance Committee.                                                                                                       
                                                                                                                                
SENATOR DYSON wished  that the definition of lock  box was better                                                               
and that long guns were permitted on campus.                                                                                    
                                                                                                                                
2:50:59 PM                                                                                                                    
SENATOR WIELECHOWSKI said he would  vote to move the bill forward                                                               
because there are strong constitutional  issues to support it. He                                                               
recalled  the   examples  in  Utah   and  in  Colorado   with  no                                                               
incidences.                                                                                                                     
                                                                                                                                
CHAIR COGHILL removed his objection.                                                                                            
                                                                                                                                
CHAIR COGHILL announced that without objection, CSSB 176(JUD)                                                                   
was reported from the Senate Judiciary Standing Committee.                                                                      

Document Name Date/Time Subjects
Written Testimony #5.zip SJUD 3/21/2014 1:30:00 PM
SB 176