Legislature(1993 - 1994)
01/22/1994 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE January 22, 1994 8:00 a.m. MEMBERS PRESENT Representative Al Vezey, Chairman Representative Pete Kott, Vice Chairman Representative Gary Davis Representative Harley Olberg MEMBERS ABSENT Representative Bettye Davis Representative Jerry Sanders Representative Fran Ulmer COMMITTEE CALENDAR *HB 328: "An Act relating to motor vehicle registration and registration fees; to fees for drivers' licenses and permits; and providing for an effective date." HEARD AND HELD TO TIME UNCERTAIN *HB 351: "An Act relating to the issuance of permits for the carrying of a concealed weapon." HEARD AND RESCHEDULED FOR FEBRUARY 5, 1994 (* First Public Hearing) WITNESS REGISTER REPRESENTATIVE TERRY MARTIN Alaska State Legislature State Capitol Building, Rm. 411 Juneau, AK 99811 Phone: 465-3783 Position Statement: Testified in favor of HB 328. RON KING 410 Willoughby Ave. Juneau, AK 99801 Phone: 465-5100 Position Statement: Testified in favor of HB 328. JOE SCHOENER 891 Ridgetop Rd. North Pole, AK 99705 Phone: 488-6926 Position Statement: Testified in favor of HB 328 and HB 351 from North Pole teleconference. LADD MCBRIDE P.O. Box 83567 Fairbanks, AK 99708 Phone: 479-8096 Position Statement: Testified in favor of HB 328 and HB 351 from Fairbanks teleconference. JAY DULANY, Director Division of Motor Vehicles Department of Public Safety 5700 E. Tudor Rd. Anchorage, AK 99507 Phone: 269-5559 Position Statement: Testified in favor of HB 328 from Anchorage teleconference. GENE DUSEK, Budget Director Municipality of Anchorage P.O. Box 196650 Anchorage, AK 99519 Phone: 343-4490 Position Statement: Testified in opposition to HB 328 from Anchorage teleconference. FRANK DILLON Alaska Trucking Association 3443 Minnesota Dr. Anchorage, AK 99503 Phone: 276-1149 Position Statement: Testified in favor of HB 328 from Anchorage teleconference. MARK GORDON HC01 6131 AB Palmer, AK 99645 Phone: 745-5520 Position Statement: Testified in favor of HB 328 and HB 351 from Mat-Su teleconference. REP. JEANNETTE JAMES Alaska State Legislature State Capitol Building, Rm. 501 Juneau, AK 99811 Phone: 465-3743 Position Statement: Testified in favor of HB 351. C.E. SWACKHAMMER, Deputy Commissioner Department of Public Safety 450 Whittier Juneau, AK 99801 Phone: 465-4322 Position Statement: Testified in opposition to HB 351. ROGER ROTHSCHILD P.O. Box 1783 Bethel, AK 99559 Phone: 543-5478 Position Statement: Testified in favor of HB 351 from Bethel teleconference. KIM FRANCISCO P.O. Box 1868 Bethel, AK 99559 Phone: 543-2064 Position Statement: Testified in favor of HB 351 from Bethel teleconference. CHARLES GRIFFIN 3230 West 69th Ave. #A Anchorage, AK 99502 Phone: 248-2022 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. MARCELLA JAVIER 1703 Twining Dr. Anchorage, AK 99504 Phone: 333-5736 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. REXINE OLSON P.O. Box 1448 Kodiak, AK 99615 Phone: 486-7714 Position Statement: Testified in favor of HB 351 from Kodiak teleconference. ROBERT ANDERSON P.O. Box 2625 Kodiak, AK 99615 Phone: 486-8391 Position Statement: Testified in favor of HB 351 from Kodiak teleconference. KENNETH FARROW P.O. Box 1009 Delta Junction, AK 99737 Phone: 895-4452 Position Statement: Testified in favor of HB 351 from Delta Junction teleconference. CHARLES "MIKE" CARLSON P.O. Box 953 Delta Junction, AK 99737 Phone: 895-4819 Position Statement: Testified in favor of HB 351 from Delta Junction teleconference. MARK BELLINGER P.O. Box 733 Cooper Landing, AK 99572 Phone: 595-1509 Position Statement: Testified in favor of HB 351 from Mat-Su teleconference. LYMAN NICHOLS P.O. Box 783 Cooper Landing, AK 99572 Phone: 595-1224 Position Statement: Testified in favor of HB 351 from Mat-Su teleconference. RICHARD BARLOW HC02 Box 7550 A-2 Palmer, AK 99645 Phone: 745-2784 Position Statement: Testified in favor of HB 351 from Mat-Su teleconference. JOHN BOULETTE P.O. Box 56896 North Pole, AK 99705 Phone: 488-8386 Position Statement: Testified in favor of HB 351 from North Pole teleconference. ROYCE CHAPMAN P.O. Box 55414 North Pole, AK 99705 Phone: 488-8450 Position Statement: Testified in favor of HB 351 from North Pole teleconference. BOB BRUMLOW 3811 East 84th Ave. Anchorage, AK 99507 Phone: 349-8237 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. KEN LEWIS P.O. Box 140994 Anchorage, AK 99514 Phone: 268-9007 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. CHRIS SULLIVAN 4155 McLean Place Anchorage, AK 99504 Phone: 337-3075 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. JERRY MYERS P.O. Box 22561 Juneau, AK 99801 Phone: 586-2280 Position Statement: Testified in favor of HB 351. BRUCE CAMPBELL 326 4th St. #211 Juneau, AK 99801 Phone: 586-2500 Position Statement: Testified in favor of HB 351. KATHY THAROLDSEN 1500 Russian Jack Dr. #31 Anchorage, AK 99508 Phone: 333-3031 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. TAMMY REIGHARD 6811 E. 3rd Ave. Anchorage, AK 99504 Phone: 333-6245 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. EUGENE P. MURPHY 3515 Vassar Dr. Anchorage, AK 99508 Phone: 274-2880 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. MARLEA BELLINGER P.O. Box 783 Cooper Landing, AK 99572 Phone: 595-1509 Position Statement: Testified in favor of HB 351 from Kenai teleconference. BONNIE WILLIAMS 1335 Sunny Slope Rd. Fairbanks, AK 99709 Phone: 455-6652 Position Statement: Testified in favor of HB 351 from Fairbanks teleconference. DAVID WILLIAMS 1335 Sunny Slope Rd. Fairbanks, AK 99709 Phone: 455-6652 Position Statement: Testified in favor of HB 351 from Fairbanks teleconference. CHARLES MALLOTT P.O. Box 6482 Ketchikan, AK 99901 Phone: 225-3922 Position Statement: Testified in opposition to HB 351 from Ketchikan teleconference. ELZIE ISLEY 2533 3rd Ave. Ketchikan, AK 99901 Phone: 225-4881 Position Statement: Testified in favor of HB 351 from Ketchikan teleconference. PAUL MOORE 300 Peppertree Loop Anchorage, AK 99504 Phone: 338-7237 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. BOB PALMQUIST 11911 Portage Anchorage, AK 99515 Phone: 349-8885 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. GARY KUHN HC01 Box 6473 Palmer, AK 99645 Phone: 745-4110 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. BILL BOSTIC, JR. 1226 Hartzog Loop North Pole, AK 99705 Phone: 488-2112 Position Statement: Testified in favor of HB 351 from North Pole teleconference. ELMER LINDSTROM, Special Assistant Commissioner's Office Department of Health and Social Services P.O. Box 110601 Juneau, AK 99811-0601 Phone: 789-2662 Position Statement: Commented on HB 351. BOYD BARRUS P.O. Box 112853 Anchorage, AK 99511 Phone: 345-4158 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. JOHN GAYOBS P.O. Box 241181 Anchorage, AK 99524 Phone: 349-7094 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. DENNIS HERMANNES 8007 Countrywoods Dr. Anchorage, AK 99502 Phone: 349-6689 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. MADELINE HUFF 2710 Dearmoun Rd. Anchorage, AK 99516 Phone: 345-6746 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. BASIL ATKINSON, JR. 2710 Dearmoun Rd. Anchorage, AK 99516 Phone: 345-8261 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. LAWRENCE W. HUFF 2710 Dearmoun Rd. Anchorage, AK 99516 Phone: 345-6746 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. BRYAN POTRATZ P.O. Box 5308 Fort Richardson, AK 99505 Phone: 276-5027 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. NEIL CAMERON 3514 West 40th Anchorage, AK 99517 Phone: 248-7382 Position Statement: Testified in favor of HB 351 from Anchorage teleconference. DONALD A. McDONALD P.O. Box 82530 Fairbanks, AK 99708 Phone: 479-7249 Position Statement: Testified in favor of HB 351 from Fairbanks teleconference. SAM MEDSKER P.O. Box 60342 Fairbanks, AK 99706 Phone: 479-6520 Position Statement: Testified in favor of HB 351 from Fairbanks teleconference. RODGER DAY 709 Wanda Dr. North Pole, AK 99705 Phone: 488-3712 Position Statement: Testified in favor of HB 351 from North Pole teleconference. JOY COOK 1853 Kendall Ave. North Pole, AK 99705 Phone: 488-0488 Position Statement: Testified in opposition to HB 351 from North Pole teleconference. GREG MACHACEK P.O. Box 56245 North Pole, AK 99705 Phone: 488-4534 Position Statement: Testified in favor of HB 351 from Fairbanks teleconference. JOHN GLOTFELTY 2355 Sunflower Loop North Pole, AK 99705 Phone: 488-8654 Position Statement: Testified in favor of HB 351 from North Pole teleconference. DUANE UDLAND, Deputy Chief Anchorage Police Department Municipality of Anchorage Anchorage, AK 99501 Position Statement: Testified in opposition to HB 351 from Anchorage off-net site. PREVIOUS ACTION BILL: HB 328 SHORT TITLE: BIENNIAL VEHICLE REGISTRATION SPONSOR(S): REP(S). MARTIN,BARNES,Phillips,B.Davis JRN-DATE JRN-PG ACTION 01/03/94 2013 (H) PREFILE RELEASED 01/10/94 2013 (H) READ THE FIRST TIME/REFERRAL(S) 01/10/94 2013 (H) STATE AFFAIRS, FINANCE 01/13/94 2054 (H) COSPONSOR(S): B. DAVIS 01/22/94 (H) STA AT 08:00 AM CAPITOL 102 BILL: HB 351 SHORT TITLE: PERMIT TO CARRY CONCEALED WEAPONS SPONSOR(S): REPRESENTATIVE(S) JAMES,Bunde,Olberg,Sanders JRN-DATE JRN-PG ACTION 01/07/94 2019 (H) PREFILE RELEASED 01/10/94 2019 (H) READ THE FIRST TIME/REFERRAL(S) 01/10/94 2020 (H) STATE AFFAIRS, JUDICIARY, FINANCE 01/12/94 2043 (H) COSPONSOR(S): SANDERS 01/22/94 (H) STA AT 08:00 AM CAPITOL 102 ACTION NARRATIVE TAPE 94-3, SIDE A Number 000 CHAIR VEZEY called the meeting to order at 8:00 a.m. Members present were Representatives G. Davis and Olberg. The meeting was being teleconferenced to Anchorage, Fairbanks, North Pole, Ketchikan, Bethel, Mat-Su, and Kenai/Soldotna. At 8:01 a.m., Representative Kott arrived and quorum was present. HB 328 - DRIVERS LICENSE FEES; BIENNIAL VEHICLE REGISTRATION Number 044 REPRESENTATIVE TERRY MARTIN, sponsor of HB 328, explained the purpose of HB 328 as being to take care of `piggy back' problems with the vehicle registration. He said some of the problems are collecting city taxes, inspection & maintenance (I.M.) testing, etc. REPRESENTATIVE MARTIN submitted suggestions to the committee for changing HB 328. (Attachment on file.) REPRESENTATIVE MARTIN also requested two or three hearings on HB 328, in which case subcommittees could fully understand the implications of `piggy-backing programs' to the registration of a vehicle. Number 117 CHAIR VEZEY acknowledged REPRESENTATIVE MARTIN'S suggestions and introduced RON KING. Number 155 RON KING, PROJECT MANAGER, MOBILE SOURCES PROGRAM, DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC), testified that his department was in favor of working with the sponsor to create a palatable bill to both the public and his department. MR. KING said his program responsibilities include the vehicle inspection of maintenance program areas. With new regulations adopted January 21, 1994, by Commissioner Sandor, MR. KING stated his department was now in a position to implement changes, but not without a cost impact to the agency. MR. KING highlighted the use of a fee to reduce the general fund match which goes to the DEC by up to $400,000. Mr. KING elaborated on the suggestions REPRESENTATIVE MARTIN submitted. He said the vehicle inspection programs are under the most scrutiny and the continuing effectiveness of these programs must be maintained. He stated the department would also like the ability to prescribe fees. REPRESENTATIVE PETE KOTT questioned the attainment standards for emission failing cities, such as Anchorage and Eagle River and the amount of time which may elapse before they would reach suitable levels. MR. KING responded the standard, as implied by the Clear Air Act, must be maintained for two years before a change in the program may occur. Number 289 REPRESENTATIVE KOTT asked how the department would notify individuals that their annual inspections would be due. Number 294 MR. KING explained an initial letter, followed by second and third notices would be sent out to an accumulative of 15,000 people, with registration revocation notices following if unsuccessful. This process includes graduating fees for those not responding to their notices. REPRESENTATIVE KOTT inquired about an allowance to appeal the issue of paying a fine for individuals who are out-of- state for three to five months at a time. Number 332 MR. KING noted provisions already in place such as utilizing a portion of statutes under AS 28 to alter the registration month to concur with individuals in-state time, and secondly, the requisition of an "outside use or seasonal waiver". Number 344 CHAIR VEZEY asked why are (we) locked into annual inspection tests? What makes them better than biennial? Number 352 MR. KING responded with two reasons: Car performance decreases within approximately nine months, and the effectiveness of the program established in 1985 with the U.S. Environmental Protection Agency was based on an annual inspection. Cars must at least maintain their current performance and structure which requires an annual inspection. A centralized maintenance program, rather than the decentralized program currently in place, could provide a system for biennial inspection with the use of more sophisticated equipment. MR. KING emphasized (we) should maintain where (we) are, achieve the "standard", and in two years move for alterations in the program when the maintenance plan must be submitted. Number 410 REPRESENTATIVE MARTIN asked MR. KING if he would allow biennial registration to move forward now, allowing the I.M. programs an easier entrance into the program as it improves. MR. KING found HB 328 a "step in the right direction" and agreed with REPRESENTATIVE MARTIN. The DEC and the Division of Motor Vehicles (DMV) would then be required to work closely together. CHAIR VEZEY checked the teleconference sites for witnesses. Number 428 JOE SCHOENER, of North Pole, asked MR. KING to explain the Mobile Sources Fee. Number 434 MR. KING explained the Mobile Sources Fee applies to those who fail to have their vehicle inspected and it is in place to create the incentive to do so. Number 447 MR. SCHOENER expressed his support of HB 328 and suggested guidelines which would allow the biennial registration date to be carried over with the change in ownership of a vehicle. He also stated the biennial fees should not have to be repaid. Number 457 CHAIR VEZEY clarified MR. SCHOENER was in support of HB 328. Number 462 MR. SCHOENER stated in conclusion that the inspection program which the DEC will need to create should provide the least amount of time and cost imposition on the public. Number 476 REPRESENTATIVE MARTIN clarified there is a time and money savings from the DMV, whereby one only has to register once a year unless the car is sold. HB 328 decreases the fee from $70 dollars every two years to $53 dollars every one and one-half years. One dollar will also be saved by not having to present the I.M. sticker to the DMV personnel. REPRESENTATIVE MARTIN also noted the loss of $2-4 million as reported on the fiscal note would not actually all be lost. The state would not be collecting the money to pass through the city, rather the city would collect its own money. Number 495 CHAIR VEZEY switched to Fairbanks teleconference site. LADD MCBRIDE, testified from Fairbanks in support of HB 328. MR. MCBRIDE urged for the reduction of I.M. inspection costs for the vehicle owner, noting Alaska charges close to double the amount for inspections than the other 49 states. Number 529 REPRESENTATIVE MARTIN expressed costs will be reduced for those who take the time to get their car inspected. REPRESENTATIVE MARTIN conveyed a scenario in which gas stations were inflicted by an additional $10 dollar fee for emission testing receipts. These fees, REPRESENTATIVE MARTIN believed were unnecessary, when only for paper pushing costs. Local governments may reduce their costs without these costly receipts. Number 560 CHAIR VEZEY moved to the Anchorage teleconference site. JAY DULANY, DIRECTOR, DIVISION OF MOTOR VEHICLES, testified from Anchorage, in favor of biennial registration. MR. DULANY stressed the loss of revenue is not so much a concern of the DMV, rather than the state itself. The new process, he believes, would not be a "panacea" for efficiency because the current registration process is simple as it is. Biennial registration would provide about a 10 percent savings in the DMV workload, however. Number 600 CHAIR VEZEY asked how many vehicles within the state do not, as of now, have to pay registration fees, but are registered. MR. DULANY did not have an exact number, but he noted the amount of lost revenue totals almost $1 million. Number 612 REPRESENTATIVE KOTT thanked MR. DULANY for his testimony and asked him if there has ever been a previous reduction in registration fees. Number 619 MR. DULANY did not know of any previous reductions, but he remembered the $5 dollar increase which occurred approximately ten years ago. Number 621 REPRESENTATIVE MARTIN thanked MR. DULANY for testifying and expressed he would like to see the public want to cooperate with the government by reducing their fees. The percentage of decrease would be left up to the committee. Branching out the registration sites may also relieve the back up which occurs in DMV locations. CHAIR VEZEY called for a brief recess. TAPE 94-3, Side B Number 000 CHAIR VEZEY recalled the meeting at 8:42 a.m. and introduced Gene Dusek at the Anchorage teleconference site. Number 011 GENE DUSEK, BUDGET DIRECTOR, MUNICIPALITY OF ANCHORAGE, testified from Anchorage, and expressed two concerns with HB 328. First, the impact on the Anchorage air quality inspections program. Secondly, the revenue impact via the annual motor vehicle registration tax. MR. DUSEK desired an amendment to HB 328 which would amend AS 28.10.431(b) to double the current annual motor vehicle registration tax. Enforcement problems may arise with biennial registration. MR. DUSEK suggested the creation of a dedicated fund which would provide a "bureaucratic system of renewification enforcement". Number 111 REPRESENTATIVE MARTIN reemphasized the loss in revenues is not to the state, but a relocation of collection efforts to the city. Number 135 MR. DUSEK stated the last date to opt out of the 1996 program would be January 1, 1995. Number 150 CHAIR VEZEY requested written testimony from anyone who would like to comment. Number 163 FRANK DILLON, representing the Alaska Trucking Association, testified from Anchorage in favor of HB 328. Number 189 REPRESENTATIVE KOTT asked MR. DILLON for the positive effects HB 328 would have on the truckers. Number 194 MR. DILLON believed general efficiencies would improve and also the reduction in costs. Number 206 CHAIR VEZEY switched to the Mat-Su teleconference site for the testimony of MARK GORDON. Number 218 MARK GORDON, testified in favor of HB 328 from Mat-Su. MR. GORDON questioned MR. KING if the DEC's new program would require inspections on just his commuting vehicle or all three of his vehicles. MR. KING expressed the program would only be implemented on the commuting vehicle from home to work. Number 244 CHAIR VEZEY called for a short recess at 8:55 a.m. stating a subcommittee would be assigned to HB 328. Number 270 CHAIR VEZEY resumed the meeting at 8:59 a.m. noting HB 328 would be rescheduled. CHAIR VEZEY appointed a subcommittee to look into the affairs of the Alaska Railroad System due to complaints about unfair competition with the private sector. The members of this subcommittee include REPRESENTATIVES FOSTER, KOTT, SANDERS, JAMES, and VEZEY. CHAIR VEZEY opened discussion on HB 351. HB 351 - PERMIT TO CARRY CONCEALED WEAPONS REPRESENTATIVE JEANNETTE JAMES, prime sponsor of HB 351, testified in favor of HB 351. REPRESENTATIVE JAMES read her sponsor statement for the introduction and purpose of HB 351. (Sponsor statement on file.) HB 351 has found a large amount of support. REPRESENTATIVE JAMES stated HB 351 is a form of gun control with civil rights protection. Believing honest people should be heard, REPRESENTATIVE JAMES felt honest people should be allowed to carry concealed weapons. Public Safety is opposed to this because of their one-sided view of only the criminal side of guns. REPRESENTATIVE JAMES joined the committee table. Number 391 CHAIR VEZEY asked C.E. SWACKHAMMER to begin his testimony. Number 402 C.E. SWACKHAMMER, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY (DPS), testified in opposition to HB 351. The DPS had several concerns with HB 351: (1) the intent of the legislation would not be accomplished through the permitting process; (2) Alaska has a higher rate of emotional problems resulting in an increased number of assaults; (3) the screening process for permits would not be able to fully scrutinize individuals; (4) HB 351 does not address the lawful lethal use of firearms; and (5) the administrative costs are hard to judge for the fiscal note. (The fiscal note could not be supplied for this hearing.) Number 476 CHAIR VEZEY asked if MR. SWACKHAMMER was talking primarily about pistols? Number 481 MR. SWACKHAMMER responded no, however, the majority of "the people" (looking for a permit) would be looking for a pistol. Number 499 CHAIR VEZEY expressed his concern over concealed rifles and shotguns. Number 500 MR. SWACKHAMMER clarified concealed rifles and shotguns are illegal. The DPS had a major concern with page two, Sect. 2 (4), which states, "a member of the organized or unorganized militia." This portion would be counterproductive in not requiring a member of the organized or unorganized militia to obtain a permit for a concealed weapon. CHAIR VEZEY referred to AS 26.05.010 for a definition of the militia screening criteria. MR. SWACKHAMMER questioned the change from a 90-day return of receipt to 45 days. The expediency of the fingerprint testing may not be suitable for 45 days. Number 544 CHAIR VEZEY mentioned the committee is open to changes on HB 351 and expressed his appreciation to MR. SWACKHAMMER for his opinion. Number 554 REPRESENTATIVE KOTT asked MR. SWACKHAMMER if the assaults currently taking place without firearms would evolve into firearm assaults with the passage of HB 351. Number 562 MR. SWACKHAMMER replied yes. Number 563 REPRESENTATIVE KOTT continued with the notion of permits possibly acting as deterrents for future assaults, due to the assailant knowing the victim could have a firearm. REPRESENTATIVE KOTT also questioned if the rate of rapes would have declined if the victimized women were allowed to carry firearms. Number 570 MR. SWACKHAMMER responded assaults are very emotionally charged and from his experience the addition of firearms only makes the incident more violent. MR. SWACKHAMMER did not have a response to the rape question. Number 590 REPRESENTATIVE KOTT referred to the recent Northway Mall shooting incident. The man being shot at may have had a chance to retaliate or protect himself with a firearm. Number 602 REPRESENTATIVE WILLIS joined the table to question MR. SWACKHAMMER if any states that currently have concealed weapons laws in place have or are trying to repeal them. Number 609 MR. SWACKHAMMER responded he has inquired about the issue, but only knew of a survey which stated one out of four would like to repeal the law. Florida, as an example, just past a concealed weapons law; however, the crime rate has continued to rise. Number 620 CHAIR VEZEY moved to the Bethel teleconference site. ROGER ROTHSCHILD testified from Bethel in favor of HB 351. (Written testimony on file.) (TAPE 94-4, Side A had been taped over with the end of the meeting. The following 45 minutes are from notes only. For organizational purposes, the tape will resume with the proper order of testimony on TAPE 94-4 Side A after this portion.) Number 038 KIM FRANCISCO testified from Bethel in support of HB 351. Number 054 CHAIR VEZEY moved to Anchorage teleconference site. Number 069 CHARLES B. GRIFFIN testified from Anchorage in support of HB 351. Number 123 MARCELLA JAVIER testified from Anchorage in support of HB 351. Number 163 CHAIR VEZEY moved to Kodiak teleconference site. Number 180 REXINE OLSON testified from Kodiak in support of HB 351. Number 221 ROBERT ANDERSON testified from Kodiak in support of HB 351. MR. ANDERSON requested the addition of a disclosure clause and penalties for not doing so. Use of force training and individual weapon qualifications should also be required. CHAIR VEZEY moved to Delta Junction teleconference site. Number 270 KENNETH E. FARROW testified from Delta Junction in favor of HB 351. MR. FARROW believed the open display of firearms is a disruption and is upsetting to the public. CHARLES "MIKE" CARLSON testified from Delta Junction in favor of HB 351. Number 320 CHAIR VEZEY moved to the Mat-Su teleconference site. Number 327 MARK BELLINGER testified from Mat-Su in support of HB 351. LYMAN NICHOLS testified from Mat-Su in support of HB 351. Number 388 CHAIR VEZEY transferred to Fairbanks teleconference site. Number 398 RICHARD BARLOW testified from Fairbanks in favor of HB 351. MR. BARLOW inquired about the lack of appeal process for unnecessary fines. LADD MCBRIDE testified from Fairbanks in favor of HB 351. Number 469 CHAIR VEZEY moved to North Pole teleconference site. Number 477 JOHN BOULETTE testified form North Pole in favor of HB 351. Number 497 CHAIR VEZEY announced anyone wishing to submit written testimony may do so by fax while the meeting continues. ROYCE CHAPMAN testified from North Pole in favor of HB 351. Number 523 CHAIR VEZEY called for a short recess at 10:05 a.m. The meeting reconvened at 10:10 a.m. and the Anchorage teleconference site was on line. Number 561 BILL BRUMLOW testified from Anchorage in support of HB 351. Number 599 KEN LEWIS testified from Anchorage in support of HB 351. Number 656 CHRIS SULLIVAN testified from Anchorage in support of HB 351. CHAIR VEZEY moved to Juneau for testimony. TAPE 94-4, Side A (Tape is corrected and Side A begins with the following testimony.) Number 006 JERRY MYERS testified from Juneau in support of HB 351. MR. MYERS was concerned with the 12 month residency requirement to acquire a permit. Being in competitive shooting matches, MR. MYERS has permits for carrying firearms in several states. An immediate exchange process or a substitution mechanism with permits was requested to cover the 12 month short fall. MR. MYERS also questioned the use of the word "outdoor" when referring to the usage of firearms. Wording such as "any other lawful use" is more acceptable. Number 073 BRUCE CAMPBELL, a firearms training instructor, testified in favor of HB 351. MR. CAMPBELL felt HB 351 was a quality safety bill, which would adequately train those in need of a firearm. Number 140 CHAIR VEZEY moved to the Anchorage teleconference site. Number 159 KATHY THAROLDSON testified from Anchorage in favor of HB 351. MS. THAROLDSON questioned REPRESENTATIVE JAMES about the $125 dollar initial fee. She noted as a single active parent, nightly activities are limited with the lack of protection available. Number 172 REPRESENTATIVE JAMES responded there is a $59 dollar fee to pay for fingerprinting and her intention with this fee was to cover the administrative costs of the bill. REPRESENTATIVE JAMES noted when the Department of Public Safety returns a notice of actual costs, the fee will then be adjusted to cover them. Number 206 TAMMY REIGHARD testified from Anchorage in favor of HB 351. MS. REIGHARD felt HB 351 would benefit the elderly, as well as women. Number 220 EUGENE MURPHY testified from Anchorage in favor of HB 351 and stated he disagrees with MR. SWACKHAMMER, because he felt the Department of Public Safety was merely showing administrative opinions and not 'street cop' opinions. Number 279 CHAIR VEZEY moved to the Kenai teleconference site. Number 285 MARLEA BELLINGER testified from Kenai in support of HB 351. As a near victim of rape, MS. BELLINGER felt a firearm was a valuable source for defense. Number 315 CHAIR VEZEY moved to the Fairbanks teleconference site. Number 319 BONNIE WILLIAMS testified from Fairbanks in favor of HB 351. MRS. WILLIAMS quoted statistics from the National Rifle Association, "from 1979-1985 if victims of robbery and assault had been carrying a concealed firearm, there would have been 196,148 fewer victims injured in robbery and 935,530 fewer injured in assault." The group most in need of concealed fire arms is women. In most situations, police are not readily available to protect individuals from criminals. MRS. WILLIAMS also believes if individuals are not required to requalify for every different type of car they drive with a drivers license, they should not have to requalify for every different type of firearm they possess. Number 367 DAVID WILLIAMS testified in favor of HB 351 from Fairbanks. MR. WILLIAMS believed the 2nd Amendment to the U.S. Constitution allows the public the carry firearms; however, state laws have inhibited this right. There is a bias towards the politically elite, which allows them to carry concealed weapons more often than others in need. The national murder rate has risen 14 percent from 1986-1991, but in Florida since the passage of the firearms carrying law in 1987, the murder rate has decreased 20 percent. Florida's murder rate was 36 percent higher than the national rate in 1986, and is now four percent lower than the national average. Florida's robbery rate only rose nine percent, while nationally it rose 21 percent. MR. WILLIAMS also emphasized Oregon, Montana, Mississippi, and Pennsylvania as examples of states with effective carrier laws. Number 424 CHAIR VEZEY moved to the Ketchikan teleconference site. CHARLES MALLOTT, a law enforcement officer of several years, testified from Ketchikan in opposition to HB 351. MR. MALLOTT stated there are very young gang members without prior criminal or mental illness history which will be allowed access to concealed weapons. Gangs and those individuals involved with drugs will be even more of a menace with the ready availability of weapons. Accidents around the household with children may also increase. ELZIE ISLEY testified from Ketchikan in support of HB 351. Cab drivers are in need in protection. Number 519 CHAIR VEZEY moved to Anchorage teleconference site. Number 526 PAUL MOORE testified from Anchorage in favor of HB 351. MR. MOORE felt the need for a firearm to protect his family. Number 563 BOB PALMQUIST, SERGEANT, DEPARTMENT OF CORRECTIONS, testified from Anchorage in favor of HB 351. MR. PALMQUIST felt he needed a firearm to protect his family from those criminals he meets through his work and for the increased violence occurring throughout his once peaceful neighborhood. (REPRESENTATIVE KOTT and REPRESENTATIVE OLBERG left the meeting at 10:30 a.m.) Number 583 REPRESENTATIVE VEZEY extended the meeting to 12:00 p.m. Number 591 GARY KUHN testified from Anchorage in favor of HB 351, believing an extensive training program is necessary. Number 636 CHAIR VEZEY moved to North Pole teleconference site. Number 649 BILL BOSTIC, JR. testified from North Pole in support of HB 351. MR. BOSTIC believed the $125 dollar initial fee should be defrayed for those who have already been researched and scanned through the military or other government organization. A written release of information may only be needed for those individuals. Number 676 JOE SCHOENER testified from North Pole in favor of HB 351. Number 684 CHAIR VEZEY returned to Juneau for the testimony of ELMER LINDSTROM. Number 689 ELMER LINDSTROM, SPECIAL ASSISTANT to COMMISSIONER LOWE, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, testified on HB 351. MR. LINDSTROM noted clinical records of mental illness are protected and if individuals state they have never been admitted there will be no way to check if it is true. TAPE 94-4, Side B Number 000 ELMER LINDSTROM continued, if an individual does admit to a previous illness and signs to release the records, a problem arises whereby if the individual has not received care for five years, the doctor cannot accurately sign a release of good mental health. Substance abuse records are also protected by federal law. Medical or psychological professional should be clearly defined. MR. LINDSTROM noted most treatment facilities for substance abuse are not run by licensed medical or psychological professionals; therefore, the source of the sworn statement may be individuals with little or no formal training or knowledge of addiction treatment. Without constant interaction during a three year period, a professional would have a difficult time assessing stable health of those having been treated for addictions. MR. LINDSTROM noted the bill does not cover inhalant abuse, which in rural areas is frequently associated with violent and volatile behavior. The Department of Health and Social Services would be willing to work with the committee to apply a proper screening process to the HB 351. Number 069 CHAIR VEZEY moved to Anchorage teleconference site. Number 085 BOYD BARRUS testified from Anchorage in favor of HB 351. As a witness to a kidnapping, MR. BARRUS believed he would have been able to prevent it if he had been able to carry a concealed weapon. JOHN GAYOBS testified from Anchorage in favor of HB 351. (CHAIR VEZEY leaves room temporarily at 11:20 and REPRESENTATIVE JAMES takes gavel.) Number 190 DENNIS HERMANNES testified from Anchorage in favor of HB 351. MR. HERMANNES supported the 2nd Amendment of the U.S. Constitution, and noted a petition he circulated in REPRESENTATIVE HANLEY's district showed higher than 90 percent were in favor of HB 351. (CHAIR VEZEY reentered the room at 11:23 a.m. and resumed control of the meeting from REPRESENTATIVE JAMES.) Number 254 CHAIR VEZEY announced HB 351 would be reheard on February 5, 1994. Number 260 MADELINE HUFF testified from Anchorage in favor of HB 351. MRS. HUFF disagreed with the 90 day wait period and believed the $125 fee is unnecessary, because it is a right already guaranteed by the Constitution. BASIL ATKINSON, JR. testified from Anchorage in favor of HB 351. Number 318 LAWRENCE W. HUFF testified from Anchorage in favor of HB 351. MR. HUFF stated he was in favor of training. Number 340 BRYAN POTRATZ testified from Anchorage in favor of HB 351. MR. POTRATZ referred to the situation in which a man was randomly attacked by a coyote in Anchorage. In this situation a gun would have helped. Carrying a concealed weapon currently is only a misdemeanor, which does not pose a serious threat to criminals. MR. POTRATZ would like to see carrying a concealed weapon to be a felony. Those without monetary ability should be able to waive the initial fee required to obtain a permit. Number 404 NEIL CAMERON testified from Anchorage in favor of HB 351. MR. CAMERON felt it is the public's responsibility to carry firearms to protect its' liberty. CHAIR VEZEY moved to Fairbanks teleconference site. Number 435 DONALD A. MCDONALD testified in Fairbanks in favor of HB 351. SAM MEDSKER testified in Fairbanks in favor of HB 351. MR. MEDSKER believed HB 351 would put criminals on the alert. Number 457 CHAIR VEZEY moved to North Pole teleconference site. Number 464 RODGER DAY testified from North Pole in favor of HB 351. MR. DAY had an experience where two men tried to rob and assault him on the side of the road. It was only by pretending he had a gun that saved him from harm. Number 504 JOY COOK testified from North Pole in opposition to HB 351. MS. COOK felt HB 351 was putting the role of enforcement into the hands of common individuals. Criminals may take advantage of HB 351. MS. COOK disagreed with fingerprinting, photographing, record searches, and residency requirements. MS. COOK will only support HB 351 if these adjustments are made. Number 521 CHAIR VEZEY returned to Fairbanks teleconference site. Number 523 GREG MACHACEK testified from Fairbanks in favor of HB 351. Number 545 CHAIR VEZEY moved to North Pole teleconference site. Number 548 JOHN GLOTFELTY testified from North Pole in favor of HB 351. Number 560 CHAIR VEZEY moved to Mat-Su teleconference site. Number 570 MARK GORDON testified from Mat-Su in favor of HB 351. MR. GORDON emphasized the lack of appeal process in permit acquisition. Note those in high risk positions (i.e., women, gas attendants, taxi drivers) are not discriminated against as much for carrying concealed weapons, as broader, large men are. Number 606 CHAIR VEZEY moved to Anchorage offnet connection to hear DUANE UDLAND. Number 620 DUANE UDLAND, DEPUTY CHIEF, ANCHORAGE POLICE DEPARTMENT, testified with concerns on HB 351. MR. UDLAND reminded everyone HB 351 is for lawful and lethal use, not violence. MR. UDLAND asked the committee to carefully look over the deficiencies the bill now has. Number 674 CHAIR VEZEY repeated HB 351 would be rescheduled for February 5, 1994, and adjourned the meeting at 11:54 a.m.
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