Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/09/2014 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 60 BOUNTY ON SEA OTTERS TELECONFERENCED
<Above Bill Hearing Canceled>
+ HB 140 REGULATIONS: NOTICE, REVIEW, COMMENT TELECONFERENCED
<Above Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= HB 284 COMPACT FOR A BALANCED BUDGET TELECONFERENCED
Moved HB 284 Out of Committee
+= HB 369 DRUG OVERDOSE: IMMUNITY FROM PROSECUTION TELECONFERENCED
Moved SCS CSHB 369(JUD) Out of Committee
+= HB 366 INVOLUNTARY COMMITMENT; FIREARMS TELECONFERENCED
Heard & Held
+= SB 184 JURY SERVICE EXEMPTION TELECONFERENCED
Heard & Held
            HB 366-INVOLUNTARY COMMITMENT; FIREARMS                                                                         
                                                                                                                                
1:52:31 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration  of  HB  366.  "An Act  relating  to  reporting  an                                                               
involuntary  mental health  commitment  to  the National  Instant                                                               
Criminal  Background Check  System;  relating to  the sealing  of                                                               
records  of mental  health proceedings;  and  relating to  relief                                                               
from a disability resulting from  an involuntary commitment or an                                                               
adjudication of mental illness or  mental incompetence." This was                                                               
the first hearing. [CSHB 366(JUD) was before the committee.]                                                                    
                                                                                                                                
1:52:58 PM                                                                                                                    
REPRESENTATIVE  LANCE PRUITT,  Alaska State  Legislature, Juneau,                                                               
Alaska, sponsor  of HB 366,  introduced the  legislation speaking                                                               
to the following sponsor statement:                                                                                             
                                                                                                                                
     Alaska upholds  a steadfast tradition  of the  right to                                                                    
     responsible firearm ownership.  A fundamental component                                                                    
     of this  responsibility is  the assurance  that firearm                                                                    
     retailers  will  have  access to  timely  and  relevant                                                                    
     information   in   the    National   Instant   Criminal                                                                    
     Background Check System (NICS) database.                                                                                   
                                                                                                                                
     HB 366 pertains to  the transmittal of information from                                                                    
     the  Alaska Court  System to  the NICS  administrators.                                                                    
     The  database  was  established   in  1994  to  provide                                                                    
     information  to   Federal  Firearms   Licensees  (FFLs)                                                                    
     regarding persons who are  prohibited from possessing a                                                                    
     firearm under Section 922(g) or (n) of Title 18 USC.                                                                       
                                                                                                                                
     Currently,  the State  of Alaska  does not  require the                                                                    
     courts  to  transmit  these records.  This  places  the                                                                    
     Federal  Firearms  Licensees  at   a  greater  risk  of                                                                    
     selling a firearm to an  individual who may pose a risk                                                                    
     to themselves or to the  public. Alaskan FFLs submitted                                                                    
     93,405 transaction  inquiries to  the NICS  database in                                                                    
     2013, ranking  the state second  highest in  the number                                                                    
     of  inquiries per  capita. However,  the NICS  database                                                                    
     only contains  a single  entry regarding  an individual                                                                    
     who is prevented from firearm  possession due to mental                                                                    
     health reasons, as adjudicated by the courts.                                                                              
                                                                                                                                
     House Bill  366 works  with the  courts to  establish a                                                                    
     system  to transfer  the limited  necessary information                                                                    
     with the NICS administrators  regarding persons who are                                                                    
     adjudicated  in Alaska  courts as  unfit  to possess  a                                                                    
     firearm  due to  mental health  reasons. The  bill also                                                                    
     addresses    the    process    for    appealing    such                                                                    
     adjudications.                                                                                                             
                                                                                                                                
     The State  of Alaska  leads the way  in our  defense of                                                                    
     firearms rights,  and the key to  preserving that right                                                                    
     is  the assurance  that FFLs  will  not be  at risk  of                                                                    
     selling  a  firearm to  an  individual  who is  legally                                                                    
     barred  by the  courts.  HB 366  assures that  Alaska's                                                                    
     courts will transmit information  to the NICS database,                                                                    
     thereby protecting  our FFLs,  our gun rights,  and the                                                                    
     people of Alaska.                                                                                                          
                                                                                                                                
CHAIR COGHILL  identified the individuals  who were  available to                                                               
testify and answer questions.                                                                                                   
                                                                                                                                
1:59:16 PM                                                                                                                    
SENATOR  DYSON asked  if people  who are  involuntarily committed                                                               
have their names posted on CourtView.                                                                                           
                                                                                                                                
REPRESENTATIVE PRUITT deferred to the court system.                                                                             
                                                                                                                                
2:00:32 PM                                                                                                                    
NANCY  MEADE,  General  Counsel, Administrative  Section,  Alaska                                                               
Court   System,   advised   that  involuntary   commitments   are                                                               
confidential case  types so nothing  about the case  is available                                                               
on CourtView and the paper files are not accessible either.                                                                     
                                                                                                                                
SENATOR  DYSON asked  the reasoning  for not  having those  cases                                                               
available to the public.                                                                                                        
                                                                                                                                
MS. MEADE replied they're identified  as confidential in statute.                                                               
She didn't know  the legislature's reasoning for  doing that, but                                                               
presumably it was because of the privacy interests involved.                                                                    
                                                                                                                                
SENATOR DYSON asked if it's akin to health information.                                                                         
                                                                                                                                
MS. MEADE said she assumes so.                                                                                                  
                                                                                                                                
SENATOR  DYSON  asked  her  to   follow  up  with  the  statutory                                                               
reference.                                                                                                                      
                                                                                                                                
2:02:01 PM                                                                                                                    
JAKE  MCGUIGAN,   Director  of  Government   Relations,  National                                                               
Shooting Sports  Foundation (NSSF),  Connecticut, said  that NSSF                                                               
is  the trade  association for  the firearms  industry. Over  the                                                               
past year  NSSF has focused  attention on the  "FixNICS" campaign                                                               
to make sure  that people who should not have  access to firearms                                                               
don't have  access. Federal law says  that a person who  has been                                                               
involuntarily committed  is a prohibited  person with  respect to                                                               
owning a firearm. In the past  year NSSF has focused attention on                                                               
the  15 states  that do  not  send their  records on  involuntary                                                               
commitment with  the National  Instant Criminal  Background Check                                                               
System  (NICS) database.  He noted  that the  governors of  South                                                               
Dakota  and Nebraska  recently  signed  FixNICS legislation  into                                                               
law.  Hawaii  and  Massachusetts  both  have  legislation  moving                                                               
forward.                                                                                                                        
                                                                                                                                
MR.  MCGUIGAN said  the industry  is  not looking  to expand  the                                                               
categories   of  prohibited   persons,   and   it  supports   the                                                               
restoration of rights  provision included in HB  366. He stressed                                                               
that this  is not a gun  control or gun rights  initiative. It is                                                               
simply an  effort to make sure  that persons who should  not have                                                               
access to  firearms do  not have  access. The  person responsible                                                               
for the  Virginia Tech  shooting is a  good example.  His records                                                               
were not  in the  system but  they should  have been  there. That                                                               
incident is what started the  NICS Improvement Act and there have                                                               
been other shootings since then.                                                                                                
                                                                                                                                
2:06:14 PM                                                                                                                    
CHAIR COGHILL  asked if other  states have  had a similar  law in                                                               
place long enough to have had a court proceeding.                                                                               
                                                                                                                                
MR. MCGUIGAN replied each state  approaches the court proceedings                                                               
and  restoration   of  rights   differently.  He   discussed  the                                                               
procedure in Rhode Island as an illustration.                                                                                   
                                                                                                                                
CHAIR  COGHILL said  that HB  366 provides  that the  appeals for                                                               
restoration will be  made directly to the court  and the question                                                               
will be one of extraordinary burden.                                                                                            
                                                                                                                                
MR.  MCGUIGAN related  that  the Rhode  Island  bill envisions  a                                                               
panel of  mental health  and other experts  to make  the decision                                                               
outside the  court setting. NSSF  is working to change  that bill                                                               
because the panel is too extensive.                                                                                             
                                                                                                                                
CHAIR  COGHILL  asked Ms.  Meade  if  the  court would  have  any                                                               
difficulty  immediately  transmitting  the  personal  identifying                                                               
information set  forth in Section  5 to the Department  of Public                                                               
Safety.                                                                                                                         
                                                                                                                                
MS. MEADE  said immediate  implementation is  not a  problem; the                                                               
courts could  get the information, if  it's known, to DPS  on the                                                               
same day as  an involuntary commitment was ordered.  If the order                                                               
was late in the day, it would perhaps be the next day.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI asked if the  courts contact the NICS system                                                               
in other circumstances.                                                                                                         
                                                                                                                                
MS. MEADE clarified  that the court doesn't  send the information                                                               
to  NICS,   but  it   does  send   information  daily   to  other                                                               
departments.  For  example,  the  court sends  an  email  to  the                                                               
Division of Motor  Vehicles with any action that's  been taken on                                                               
people's driver's licenses. She  believes the courts already sent                                                               
information to DPS, but would follow up to make certain.                                                                        
                                                                                                                                
CHAIR  COGHILL asked  who would  report the  information to  NICS                                                               
once it's transmitted to DPS.                                                                                                   
                                                                                                                                
2:11:20 PM                                                                                                                    
KATHRYN  MONFREDA,  Chief,  Criminal Records  and  Identification                                                               
Bureau,  Division of  Statewide  Services,  Department of  Public                                                               
Safety  (DPS),  explained  that   dispositions  on  all  criminal                                                               
actions  are reported  to the  criminal Records  section of  DPS,                                                               
updated to the Alaska Public  Safety Information Network (APSIN),                                                               
and forwarded  to the  FBI. The  mental health  commitments would                                                               
follow   a  similar   process  but   the  information   would  be                                                               
electronically  transmitted  to  the  NICS  database  instead  of                                                               
APSIN.                                                                                                                          
                                                                                                                                
CHAIR  COGHILL asked  the process  for removing  a name  from the                                                               
NICS database.                                                                                                                  
                                                                                                                                
MS. MONFREDA  said DPS envisions developing  an electronic system                                                               
to transmit the  information to NICS. When DPS  receives a relief                                                               
from disabilities, the  same process would be used  to remove the                                                               
information from  the NICS index.  Removing the name  wouldn't be                                                               
any more difficult than adding a name.                                                                                          
                                                                                                                                
2:13:29 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked how  many  people  in the  state  of                                                               
Alaska  are involuntarily  committed or  adjudicated with  mental                                                               
illness.                                                                                                                        
                                                                                                                                
MS. MEADE reported that about  200 30-day or longer mental health                                                               
commitments are  filed each  year and about  50 percent  of those                                                               
are  granted. The  bill doesn't  apply  to the  much more  common                                                               
three-day commitments.                                                                                                          
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if   she  had  data  for  three-day                                                               
commitments.                                                                                                                    
                                                                                                                                
MS. MEADE said the total  mental health commitments filed in 2013                                                               
was 2,579 and the total in 2012 was 2,249.                                                                                      
                                                                                                                                
CHAIR   COGHILL   commented   on  the   reasons   for   three-day                                                               
commitments.                                                                                                                    
                                                                                                                                
MS.   MEADE   said   the  court   calls   three-day   commitments                                                               
hospitalizations or evaluation periods. At  the end of the period                                                               
a small  subset receives a  further petition by doctors  in order                                                               
for  the  court   to  adjudge  them  worthy   of  an  involuntary                                                               
commitment.                                                                                                                     
                                                                                                                                
SENATOR COGHILL asked Jill Montgomery  to discuss the process and                                                               
ease with which a name is removed from the NICS database.                                                                       
                                                                                                                                
2:16:27 PM                                                                                                                    
JILL MONTGOMERY, Supervisory NICS  Liaison at FBI, West Virginia,                                                               
said  that record  sharing with  the  FBI is  voluntary from  the                                                               
state perspective.  The FBI views the  state as the owner  of the                                                               
record so  the state  has complete control  over it.  She assured                                                               
the  committee that  the FBI  would have  no questions  about the                                                               
removal of a record.                                                                                                            
                                                                                                                                
CHAIR COGHILL said he wanted that assurance on the record.                                                                      
                                                                                                                                
SENATOR  DYSON asked  about the  people who  have chosen  to have                                                               
themselves  committed  to  API,  but  haven't  gone  through  the                                                               
involuntary commitment process.                                                                                                 
                                                                                                                                
REPRESENTATIVE  PRUITT said  he understands  the concern,  but he                                                               
didn't know  if there was  a way  to address the  individuals who                                                               
choose to be committed.                                                                                                         
                                                                                                                                
2:21:26 PM                                                                                                                    
CHAIR COGHILL questioned why the  Section 3 deletes the reference                                                               
to expunging records.                                                                                                           
                                                                                                                                
REPRESENTATIVE PRUITT deferred to Ms. Meade.                                                                                    
                                                                                                                                
MS. MEADE  said the existing  law speaks to expunging  or sealing                                                               
court records  that are already  identified as  confidential. The                                                               
change in Section 3 allows people  who have been committed to ask                                                               
the  court to  make their  records  even more  secure by  sealing                                                               
them. This  makes the  record unavailable  to anyone  who doesn't                                                               
have a court  order. The sponsor graciously agreed  to delete the                                                               
reference to expunging  a record because the  court never utterly                                                               
destroys a record.                                                                                                              
                                                                                                                                
2:24:23 PM                                                                                                                    
DARYL  NELSON, President,  Mind Freedom  Alaska and  Alaskans for                                                               
Disability Rights,  Chugiak, Alaska,  testified in  opposition to                                                               
HB 366. The unintended consequence is  that it may make it easier                                                               
to involuntarily commit a person, he said.                                                                                      
                                                                                                                                
SENATOR  DYSON  said he  appreciates  the  concern but  it's  not                                                               
warranted in this case.                                                                                                         
                                                                                                                                
MR. NELSON maintained his position.                                                                                             
                                                                                                                                
2:28:09 PM                                                                                                                    
REPRESENTATIVE PRUITT read AS 47.30.730  and reassured Mr. Nelson                                                               
and  others  that the  petition  for  a 30-day  commitment  isn't                                                               
random or arbitrary. Due process is in place.                                                                                   
                                                                                                                                
CHAIR COGHILL said  he wanted it clear that the  process to get a                                                               
name removed from the NICS database is as easy as adding a name.                                                                
                                                                                                                                
REPRESENTATIVE  PRUITT said  he worked  closely with  the NRA  on                                                               
that  key piece  to  assure  Alaskans that  their  name could  be                                                               
removed from the NICS database.  Furthermore, the language in the                                                               
bill is  in sync with federal  language to ensure that  the names                                                               
can be removed.                                                                                                                 
                                                                                                                                
CHAIR  COGHILL asked  if  that  was the  reference  to 18  U.S.C.                                                               
922(g)(4).                                                                                                                      
                                                                                                                                
REPRESENTATIVE PRUITT said he believes so.                                                                                      
                                                                                                                                
2:32:07 PM                                                                                                                    
CHAIR COGHILL stated that he would hold HB 366 for further                                                                      
consideration.                                                                                                                  

Document Name Date/Time Subjects
Sponsor Statement.pdf SJUD 4/9/2014 1:30:00 PM
HB 140
HB140CS(FIN)am Explanation of Changes.pdf SJUD 4/9/2014 1:30:00 PM
HB 140
HB140CS(FIN)am Sectional Analysis.pdf SJUD 4/9/2014 1:30:00 PM
HB 140
HB140CS(FIN)am Version G.A.pdf SJUD 4/9/2014 1:30:00 PM
HB 140
Letters of Support.zip SJUD 4/9/2014 1:30:00 PM
HB 140