02/08/2013 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB24 | |
| HB69 | |
| HJR4 | |
| HB83 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 69 | TELECONFERENCED | |
| *+ | HB 83 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 24 | TELECONFERENCED | |
| += | HJR 4 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 8, 2013
1:05 p.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Bob Lynn, Vice Chair
Representative Neal Foster
Representative Gabrielle LeDoux
Representative Charisse Millett
Representative Lance Pruitt
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 24
"An Act relating to self-defense in any place where a person has
a right to be."
- MOVED CSHB 24(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 69
"An Act exempting certain firearms and firearm accessories in
this state from federal regulation; providing criminal penalties
for federal officials who enforce or attempt to enforce a
federal law, regulation, rule, or order regulating certain
firearms and firearm accessories in this state; and providing
for an effective date."
- HEARD & HELD
HOUSE JOINT RESOLUTION NO. 4
Urging the President of the United States to rescind 23
executive orders related to regulation of firearms; and urging
the United States Congress to refrain from passing legislation
that restricts the right of individuals to keep and bear arms.
- MOVED CSHJR 4(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 83
"An Act relating to certain federal statutes, regulations,
presidential executive orders, and secretarial orders; relating
to the duties of the attorney general; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 24
SHORT TITLE: SELF DEFENSE
SPONSOR(S): REPRESENTATIVE(S) NEUMAN, ISAACSON, LYNN, FEIGE
01/16/13 (H) PREFILE RELEASED 1/7/13
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) JUD, FIN
02/06/13 (H) JUD AT 1:00 PM CAPITOL 120
02/06/13 (H) Heard & Held
02/06/13 (H) MINUTE(JUD)
02/08/13 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 69
SHORT TITLE: EXEMPT FIREARMS FROM FEDERAL REGULATION
SPONSOR(S): REPRESENTATIVE(s) CHENAULT
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) JUD
01/18/13 (H) BILL REPRINTED 1/17/13
02/08/13 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HJR 4
SHORT TITLE: OPPOSE GUN CONTROL ORDERS & LEGISLATION
SPONSOR(S): REPRESENTATIVE(S) MILLETT
01/24/13 (H) READ THE FIRST TIME - REFERRALS
01/24/13 (H) JUD
02/06/13 (H) JUD AT 1:00 PM CAPITOL 120
02/06/13 (H) Heard & Held
02/06/13 (H) MINUTE(JUD)
02/08/13 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 83
SHORT TITLE: FEDERAL REGULATIONS & EXECUTIVE ORDERS
SPONSOR(S): REPRESENTATIVE(S) KELLER
01/22/13 (H) READ THE FIRST TIME - REFERRALS
01/22/13 (H) JUD
02/08/13 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
REPRESENTATIVE MARK NEUMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 24 as one of the bill's joint prime sponsors.
BOB BIRD
Nikiski, Alaska
POSITION STATEMENT: Testified in favor of HB 24.
DAVID LEE
Nikiski, Alaska
POSITION STATEMENT: Characterized HB 24 as fabulous.
REPRESENTATIVE MIKE CHENAULT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 69.
TOM WRIGHT, Staff
Representative Mike Chenault
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Assisted with the presentation of HB 69 on
behalf of the sponsor, Representative Chenault.
KATHLEEN STRASBAUGH, Attorney
Legislative Legal Counsel
Legislative Legal and Research Services
Legislative Affairs Agency (LAA)
Juneau, Alaska
POSITION STATEMENT: As the drafter of HB 69, responded to a
question.
BOB BIRD
Nikiski, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 69.
ELAINA SPRAKER, Clinic Director
Women on Target;
Clinic Director
Teens on Target
Friends of NRA
Soldotna, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 69.
WES NEWCOMB
Anchor Point, Alaska
POSITION STATEMENT: Provided a comment during discussion of
HB 69.
AARON BUSCHE-VOLD
Homer, Alaska
POSITION STATEMENT: Testified in support of HB 69, Version N.
DAVID LEE
Nikiski, Alaska
POSITION STATEMENT: Testified in support of HB 69.
SCOTT HAMANN
Kenai, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 69.
MIKE COONS
Palmer, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 69.
ROD ARNO, Executive Director
Alaska Outdoor Council (AOC)
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 69.
LARRY SLOAN
Homer, Alaska
POSITION STATEMENT: Testified in support of HB 69.
HAL SMITH, M.D.
Homer, Alaska
POSITION STATEMENT: Testified in opposition to HB 69.
ALFRED McKINLEY, SR.
Juneau, Alaska
POSITION STATEMENT: Provided comments during discussion of
HJR 4.
BOB BIRD
Nikiski, Alaska
POSITION STATEMENT: Testified in support of HJR 4.
MIKE COONS
Palmer, Alaska
POSITION STATEMENT: During discussion of HJR 4, suggested that
the resolution be changed.
RICHARD SVOBODNY, Deputy Attorney General
Central Office
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Responded to a question during discussion
of HJR 4.
JIM POUND, Staff
Representative Wes Keller
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 83 on behalf of the sponsor,
Representative Keller.
DAVID JONES, Senior Assistant Attorney General
Opinions, Appeals, & Ethics Section
Civil Division (Anchorage)
Department of Law (DOL)
Anchorage, Alaska
POSITION STATEMENT: Responded to a question during discussion
of HB 83.
ACTION NARRATIVE
1:05:46 PM
CHAIR WES KELLER called the House Judiciary Standing Committee
meeting to order at 1:05 p.m. Representatives Keller,
Gruenberg, Foster, LeDoux, Lynn, and Millett were present at the
call to order. Representative Pruitt arrived as the meeting was
in progress.
HB 24 - SELF DEFENSE
1:07:02 PM
CHAIR KELLER announced that the first order of business would be
HOUSE BILL NO. 24, "An Act relating to self-defense in any place
where a person has a right to be."
1:08:29 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1,
which read [original punctuation provided]:
Page 2, line 3, following "any":
Insert "other"
CHAIR KELLER objected.
REPRESENTATIVE GRUENBERG explained that Amendment 1 would
clarify that HB 24's proposed new AS 11.81.335(b)(5) addresses
locations other than those already outlined in existing
AS 11.81.335(b)(1) and (3), which are premises that the person
owns or leases, premises where the person resides at, premises
where the person is the guest or agent of the owner, lessor, or
resident, and a building where the person works in the ordinary
course of his/her employment. He added his belief that
Amendment 1 would improve HB 24.
CHAIR KELLER expressed concern that Amendment 1 might introduce
confusion [in cases where the affirmative defense of self-
defense is pursued].
1:14:30 PM
REPRESENTATIVE MARK NEUMAN, Alaska State Legislature, as one of
the joint prime sponsors of HB 24, characterized Amendment 1 as
a friendly amendment, one that would assist in clarifying that
[the affirmative defense of self-defense could be available to
anyone who uses] deadly force in any place he/she has a right to
be - that there is no duty to leave the area if the person is in
any place where he/she has a right to be.
CHAIR KELLER removed his objection to the motion to adopt
Amendment 1.
REPRESENTATIVE LEDOUX, in response to comments, suggested that
paragraphs (1)-(5) of proposed AS 11.81.335(b) be reordered such
that those paragraphs addressing locations be grouped together
separately from those paragraphs addressing persons.
REPRESENTATIVE NEUMAN, noting that he's had discussions with the
drafter, indicated disfavor with making such a change.
REPRESENTATIVE LEDOUX mentioned that the drafter has also
recommended that existing AS 11.81.335(b)(1) and (3) be retained
regardless that proposed new paragraph (5)'s language would
include the locations currently outlined in those paragraphs (1)
and (3).
CHAIR KELLER ascertained that there were no further objections,
and stated that Amendment 1 was adopted.
1:24:45 PM
BOB BIRD characterized HB 24 as a wonderful bill, one that he
hopes he never has to use, and said he is all in favor of HB 24,
adding his belief that it would be helpful in situations wherein
[the affirmative defense of self-defense is pursued].
1:26:30 PM
DAVID LEE, referring to the defense of one's self as an absolute
right, characterized HB 24 a fabulous bill, and commended the
[joint prime sponsors] for introducing it.
CHAIR KELLER, offering his understanding that no one else wished
to testify, closed public testimony on HB 24.
REPRESENTATIVE GRUENBERG, mentioning that a lot of his
constituents have contacted him expressing support for HB 24,
said he would be signing "do pass" on the committee report for
HB 24.
REPRESENTATIVE LEDOUX characterized HB 24 as a good bill, and
noted that she received many letters from constituents regarding
the bill.
1:30:11 PM
REPRESENTATIVE LYNN moved to report HB 24, as amended, out of
committee with individual recommendations [and the accompanying
fiscal notes]. There being no objection, CSHB 24(JUD) was
reported from the House Judiciary Standing Committee.
The committee took two at-eases between 1:30 p.m. and 1:32 p.m.
HB 69 - EXEMPT FIREARMS FROM FEDERAL REGULATION
1:32:25 PM
CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 69, "An Act exempting certain firearms and
firearm accessories in this state from federal regulation;
providing criminal penalties for federal officials who enforce
or attempt to enforce a federal law, regulation, rule, or order
regulating certain firearms and firearm accessories in this
state; and providing for an effective date." [Included in
members packets was a proposed committee substitute (CS) for
HB 69, Version 28-LS0290\N, Strasbaugh, 2/4/13.]
1:32:41 PM
REPRESENTATIVE MIKE CHENAULT, Alaska State Legislature, sponsor
- referring to the Alaska State Constitution, and to the Second
Amendment, the Ninth Amendment, and the Tenth Amendment to the
U.S. Constitution - explained that the intent of HB 69 is to
assert the state's rights and to protect Alaskans' rights to
keep and bear arms, and is being introduced [in anticipation of]
memorandums and legislative proposals that could be issued by
the President based on recommendations submitted by a workgroup
formed to address gun violence and which were announced on
January 16, 2013, and which are intended to help keep firearms
out of the wrong hands. He offered his understanding of what
some of those recommendations entailed, such as making schools
safer and increasing access to mental health services. However,
he warned, any forthcoming legislative proposals based on those
recommendations could affect citizens' Second Amendment rights
as well as states' [Tenth Amendment] rights.
1:35:28 PM
REPRESENTATIVE LYNN moved to adopt the proposed committee
substitute (CS) for HB 69, Version 28-LS0290\N, Strasbaugh,
2/4/13, as the working document.
The committee took a brief at-ease.
REPRESENTATIVE GRUENBERG objected.
1:36:48 PM
TOM WRIGHT, Staff, Representative Mike Chenault, Alaska State
Legislature, explained on behalf of the sponsor, Representative
Chenault, that HB 69 would alter the statute [addressing State
policy, declarations, and requirements concerning certain
firearms not in interstate commerce and not subject to federal
regulation - AS 44.99.500 -] enacted in 2010 via House Bill 186.
Section 1 of Version N would add legislative findings to
uncodified law; specifically, Section 1's paragraph (1) contains
some language from Texas legislation, and its paragraph (2)
duplicates some of the findings added to uncodified law via the
aforementioned 2010 legislation. Sections 2, 3, and 4 of
Version N would add the words, "possessed in this state or" to
AS 44.99.500(a), (b), and (d), respectively. Section 5 of
Version N would add new paragraphs (f) and (g) to AS 44.99.500
that read:
(f) A federal statute, regulation, rule, or order
adopted, enacted, or otherwise effective on or after
January 1, 2013, is unenforceable in this state by an
official, agent, or employee of this state, a
municipality, or the federal government if the federal
statute, regulation, rule, or order attempts to
(1) ban or restrict ownership of a semiautomatic
firearm or a magazine of a firearm; or
(2) require a firearm, magazine, or other firearm
accessory to be registered.
(g) An official, agent, or employee of the federal
government who enforces or attempts to enforce a
federal statute, regulation, rule, or order
unenforceable under (f) of this section that is
adopted on or after the effective date of (f) of this
section is guilty of a class C felony and may be
punished as provided in AS 12.55.
MR. WRIGHT noted that several people throughout the state
requested that a violation under the bill be changed to a class
C felony, and thus Section 5 now contains that change.
Section 6 of Version N, he went on to explain, would add to
uncodified law a provision stipulating that Section 5's proposed
new subsection (f) is retroactive to January 1, 2013, and
Section 7 of Version N provides for an immediate effective date.
He mentioned in conclusion that HB 69 is similar to Wyoming
legislation currently moving through the process.
1:39:50 PM
REPRESENTATIVE GRUENBERG, referring to Section 6, questioned why
Section 5's proposed new AS 44.99.500(f) would be retroactive.
MR. WRIGHT explained that the sponsor wanted to ensure that the
bill applied to any memorandums and legislative proposals that
result from the aforementioned workgroup's recommendations,
which, again, were announced on January 16, 2013.
REPRESENTATIVE GRUENBERG expressed concern that making that
provision retroactive could create what he termed an ex post
facto problem because it would result in criminalizing behavior
that was legal at the time it occurred.
MR. WRIGHT referred to a memorandum from Legislative Legal and
Research Services dated January 22, 2013, that said in part:
Section 6 of the bill makes retroactive to January 1,
2013, the legislature's declaration in proposed AS
44.99.500(f) (sec. 5 of the bill) that certain actions
are unconstitutional. ... However, retroactive laws
that have the effect of imposing criminal penalties on
conduct that precedes the enactment of the law are ex
post facto laws that are forbidden by both the federal
and state constitutions.
The committee took an at-ease from 1:44 p.m. to 1:46 p.m.
MR. WRIGHT relayed that in light of that information, the
sponsor might consider eliminating the retroactive aspect of the
bill in order to avoid that ex post facto problem. He ventured
that such a change wouldn't be hard to effect.
1:50:16 PM
KATHLEEN STRASBAUGH, Attorney, Legislative Legal Counsel,
Legislative Legal and Research Services, Legislative Affairs
Agency (LAA), concurred that HB 69 could easily be changed to
that effect.
REPRESENTATIVE MILLETT expressed favor with HB 69.
1:51:45 PM
BOB BIRD, mentioning that he was mobilizing support for HB 69 on
the Kenai Peninsula and that he'd provided the committee with
written testimony, offered his belief that there are limits to
the federal government's power and that the federal government
should have this fact pointed out to it. He then referred to
[memorandums from Legislative Legal and Research Services dated
January 16, 2013, and January 30, 2013, as well as to the
aforementioned January 22, 2013, memorandum]; expressed
disagreement with the drafter's conclusions outlined therein;
offered some historical information; and expressed his fear that
[any forthcoming legislative proposals based on the
aforementioned workgroup recommendations] could result in his
firearms, ammunition, and associated equipment being confiscated
by the federal government.
2:02:17 PM
ELAINA SPRAKER, Clinic Director, Women on Target; Clinic
Director, Teens on Target, Friends of NRA, after mentioning the
mission of the two programs she directs, offered her belief that
HB 69 would help protect Alaskan's Second Amendment rights and
[help the state defend against] federal overreach, shared some
historical information, and indicated concern regarding [any
forthcoming legislative proposals based on the aforementioned
workgroup recommendations].
2:08:08 PM
WES NEWCOMB expressed appreciation for anything that could be
done to ensure that citizens' gun rights aren't taken away.
2:09:11 PM
AARON BUSCHE-VOLD said he fully supports HB 69 and Version N's
proposal to make a violation under the bill a class C felony.
2:09:37 PM
DAVID LEE paraphrased the Second Amendment to the U.S.
Constitution, and said he supports HB 69 100 percent.
2:10:24 PM
SCOTT HAMANN, referring to Version N's proposed class C felony
penalty for federal officials, agents, and employees, opined
that it's important to include that level of penalty in HB 69,
regardless that some may view it as the biggest problem with the
bill, so that people will know that "we're serious about this."
2:11:29 PM
MIKE COONS, after offering some historical information, asked
whether under HB 69, state law enforcement officers would be
able to arrest federal officials, agents, and employees. In
conclusion, he said he applauds what the bill's sponsor is doing
and fully endorses it.
2:17:08 PM
ROD ARNO, Executive Director, Alaska Outdoor Council (AOC), said
that the AOC supports HB 69 very strongly and supports [Version
N's] increased penalty. Referring to [Article I, Section 19,
of] the Alaska State Constitution and to the Second Amendment to
the U.S. Constitution, he asked that the bill be passed from
committee.
2:18:34 PM
LARRY SLOAN said he supports HB 69. After referring to a 2010
U.S. Supreme Court Case, Otis McDonald, et al. v. City of
Chicago, Illinois, et al., and to potential conflicts with
provisions of the U.S. Constitution, he surmised that "this
issue" would require further litigation.
2:20:49 PM
HAL SMITH, M.D., mentioning that he's an emergency room
physician who's seen his share of gun violence, characterized
HB 69 as blatant and unnecessary nose-thumbing at the federal
government. Referring to firearm-related deaths and massacres
that have occurred since [the terrorist attacks of September 11,
2001], he suggested that rather than broadly challenging the
federal government on "this issue," the legislature should
instead focus on finding ways to support reasonable laws that
would keep firearms away from the wrong people. In conclusion,
he said he opposes HB 69.
CHAIR KELLER, after ascertaining that no one else wished to
testify, closed public testimony on HB 69. He mentioned that
the bill would be held over to allow the sponsor time to address
[the issue of retroactivity] via a forthcoming committee
substitute (CS).
REPRESENTATIVE MILLETT, mentioning that she's provided members
with articles regarding low gun-violence rates in Alaska,
offered her belief that a one-size-fits-all approach by the
federal government regarding gun legislation won't work in
Alaska, and characterized protecting people's right to keep and
bear arms as incredibly important to Alaska.
CHAIR KELLER relayed that HB 69 would be held over [with the
motion to adopt Version N as the working document left pending].
HJR 4 - OPPOSE GUN CONTROL ORDERS & LEGISLATION
2:25:46 PM
CHAIR KELLER announced that the next order of business would be
HOUSE JOINT RESOLUTION NO. 4, Urging the President of the United
States to rescind 23 executive orders related to regulation of
firearms; and urging the United States Congress to refrain from
passing legislation that restricts the right of individuals to
keep and bear arms. [Included in members' packets were two
proposed committee substitutes for HJR 4: Version 28-LS0362\U,
Strasbaugh, 2/6/13; and Version 28-LS0362\N, Strasbaugh,
2/8/13.]
2:26:15 PM
REPRESENTATIVE LYNN moved to adopt the proposed committee
substitute (CS) for HJR 4, Version 28-LS0362\N, Strasbaugh,
2/8/13, as the working document.
CHAIR KELLER objected.
REPRESENTATIVE MILLETT, as the sponsor of HJR 4, explained that
Version N now references executive orders, executive actions,
and executive recommendations; now no longer contains a WHEREAS
clause stating, "the United States Congress could more
effectively curb gun violence by focusing its efforts on
programs that help identify and treat mentally ill persons
instead of banning certain types of firearms and high capacity
ammunition magazines; and"; [and now contains a WHEREAS clause
stating, "Alaska has one of the highest rates of gun ownership
in the nation but one of the lowest rates of gun crimes in the
nation; and"].
REPRESENTATIVE MILLETT suggested that Version N also be changed
so that the "BE IT RESOLVED" clause of the resolution would
reference "the" executive orders, executive actions, and
executive recommendations related to regulation of firearms,
rather than specifically referencing "23" such executive
orders/actions/recommendations. Such a change would reflect the
legislature's recognition that perhaps not all 23 of the
executive orders, executive actions, and executive
recommendations referenced elsewhere in the resolution address
the regulation of firearms and thus may not necessarily be
things that the legislature would want to urge the President to
rescind.
2:31:32 PM
ALFRED McKINLEY, SR., remarking that he's not read of any
specific action being taken by the federal government, referred
to the Second Amendment to the U.S. Constitution and the
constitutional right to keep and bear arms, noted that HJR 4
contains a reference to semiautomatic assault weapons, mentioned
that his firearms are kept locked up in a safe so as to prevent
them from falling into the wrong hands, relayed that he uses
firearms for both protection and hunting, opined that everyone
should keep their firearms locked up, explained that he's served
in the military and received awards for being an expert
rifleman, and indicated favor with what the legislature is
doing.
2:38:41 PM
BOB BIRD - indicating a preference for firearm-related school
policies to be addressed at the local level, rather than at the
state or federal level - said he supports HJR 4.
2:43:14 PM
MIKE COONS suggested that HJR 4 be changed to include a clause
expressing disapproval of what he termed "the universal
background check" and [related] databases.
CHAIR KELLER closed public testimony on HJR 4, and then reopened
it.
2:47:55 PM
RICHARD SVOBODNY, Deputy Attorney General, Central Office,
Criminal Division, Department of Law (DOL), in response to a
question, said the DOL doesn't have a position on HJR 4, and
pointed out that the President had issued 23 statements, not 23
executive orders.
CHAIR KELLER again closed public testimony on HJR 4; removed his
objection to the motion to adopt Version N as the working
document; and, noting that there were no further objections,
announced that Version N was before the committee.
2:49:13 PM
REPRESENTATIVE MILLETT made a motion to adopt Amendment 1, to
delete the number, "23" from page 3, line 7, and replace it with
the word, "the". There being no objection, Amendment 1 was
adopted.
2:49:40 PM
REPRESENTATIVE LYNN moved to report the proposed committee
substitute (CS) for HJR 4, Version 28-LS0362\N, Strasbaugh,
2/8/13, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHJR 4(JUD) was reported from the House Judiciary
Standing Committee.
HB 83 - FEDERAL REGULATIONS & EXECUTIVE ORDERS
2:50:11 PM
CHAIR KELLER announced that the final order of business would be
HOUSE BILL NO. 83, "An Act relating to certain federal statutes,
regulations, presidential executive orders, and secretarial
orders; relating to the duties of the attorney general; and
providing for an effective date."
2:50:30 PM
JIM POUND, Staff, Representative Wes Keller, Alaska State
Legislature, on behalf of the sponsor, Representative Keller,
explained that HB 83 would clarify in Alaska statute that a
federal statute, [federal] regulation, presidential executive
order, or secretarial order that is unconstitutional or that was
not properly adopted in accordance with federal statutory
authority may not be considered to preempt Alaska law. He
offered his belief that many [federal statutes, federal
regulations, presidential executive orders, and secretarial
orders] have resulted in Alaska's economy being brought to all
but a screeching halt, and that many don't comply with either
the U.S. Constitution or the basic rules pertaining to their
adoption. Under HB 83, when a federal statute, [federal]
regulation, presidential executive order, or secretarial order
is considered to be unconstitutional or improperly adopted, the
attorney general shall notify the chairs of the House and Senate
committees having jurisdiction over judicial matters - the House
and Senate Standing Judiciary Committees. Being provided this
information would give [the legislature] the opportunity to
determine how to proceed. In conclusion, he relayed that [the
sponsor] would appreciate the committee's support of HB 83.
CHAIR KELLER, as the sponsor of HB 83, said that from his
perspective, there seem to be more and more [federal] laws that
are [constitutionally] questionable. The bill would enable the
legislature to become involved in instances where the attorney
general becomes aware of any such [laws].
REPRESENTATIVE GRUENBERG, noting that court decisions can impact
[federal] laws, ventured that perhaps they ought to add judicial
decisions to the list of items that the attorney general shall
review and report on.
2:57:39 PM
DAVID JONES, Senior Assistant Attorney General, Opinions,
Appeals, & Ethics Section, Civil Division (Anchorage),
Department of Law (DOL), in response to a question, said that
under HB 83 as currently written, [the attorney general] would
be required to notify the aforementioned legislative committees
of potential constitutional problems, when discovered, that may
have a preemptive effect [on state law]. Without the bill, such
notification might not occur in the normal course, and so to
that extent, [the attorney general's] workload would increase
under the bill.
REPRESENTATIVE GRUENBERG suggested that perhaps the bill should
be changed to instead require legislative Legal and Research
Services to conduct the reviews, rather than the attorney
general.
CHAIR KELLER acknowledged that although the Department of Law
(DOL) is tasked with protecting Alaskans, conducting reviews of
what's occurring at the federal level in light of that task
would be new. In conclusion, he relayed that HB 83 would be
held over.
3:01:24 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:01 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Bob Bird Bio.docx |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Bob Bird Written Testimony.doc |
HJUD 2/8/2013 1:00:00 PM SJUD 3/18/2013 1:30:00 PM |
HB 69 |
| Kentucky Resolution.docx |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Virginia Resolution.docx |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| HB 69 Sponsor Statement.pdf |
HJUD 2/8/2013 1:00:00 PM SJUD 3/18/2013 1:30:00 PM |
HB 69 |
| CSHB69.pdf |
HJUD 2/8/2013 1:00:00 PM SJUD 3/18/2013 1:30:00 PM |
HB 69 |
| HB69A.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Fiscal Note -DOC.pdf |
HJUD 2/8/2013 1:00:00 PM SJUD 3/18/2013 1:30:00 PM |
HB 69 |
| Fiscal Note-DPS.pdf |
HJUD 2/8/2013 1:00:00 PM SJUD 3/18/2013 1:30:00 PM |
HB 69 |
| Fiscal Note-LAW.pdf |
HJUD 2/8/2013 1:00:00 PM SJUD 3/18/2013 1:30:00 PM |
HB 69 |
| Leg Legal Opinion.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Lynn Willis Testimony on HB 69.pdf |
HJUD 2/8/2013 1:00:00 PM SJUD 3/18/2013 1:30:00 PM |
HB 69 |
| HB 186-2010.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 186 |
| Wyoming.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Wyoming Pushes Ban On Gun Bans.pdf |
HJUD 2/8/2013 1:00:00 PM SJUD 3/18/2013 1:30:00 PM |
HB 69 |
| Wyoming Legislation.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Texas Bill.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Texas Legislation.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Sheriffs--State Lawmakers.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Sheriffs Not Enforcing Gun Control Laws.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Sheriff Tim Mueller Letter.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Several Legislatures.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Oklahoma Legislation.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Missouri Legislation.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Mississippi Responds.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Mississippi Governor Letter.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Michigan Resolution HR 18 (2).pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Indiana Legislation.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Gun-Violence-Reduction-Executive-Actions.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| Tennessee Legislation.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| South Carolina Legislation.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 69 |
| HB 83 Sponsor.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 83 |
| HB 83 Sectional.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 83 |
| HB 83-A.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 83 |
| FN-LAW-CIV.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 83 |
| HB 83 Supreme case.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 83 |
| HB 83 stroke of pen.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 83 |
| HB 83 Null & Void.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 83 |
| HB 83 Miss Bill.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 83 |
| HB 83 Fed Bill-Rule ratio.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 83 |
| HB 83 Executive Orders.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 83 |
| HB 83 CFR Costs.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 83 |
| HB 83 -Article WorldNetDaily 02-11-11.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 83 |
| HB 83 Mack US story.pdf |
HJUD 2/8/2013 1:00:00 PM |
HB 83 |