04/01/2013 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB81 | |
| HB33 | |
| SB65 | |
| HB69 | |
| HB83 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 69 | TELECONFERENCED | |
| + | HB 33 | TELECONFERENCED | |
| + | SB 65 | TELECONFERENCED | |
| += | HB 81 | TELECONFERENCED | |
| += | HB 83 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 1, 2013
1:35 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Lesil McGuire, Vice Chair
Senator Fred Dyson
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Donald Olson
COMMITTEE CALENDAR
HOUSE BILL NO. 81
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
- MOVED HB 81 OUT OF COMMITTEE
HOUSE BILL NO. 33
"An Act adding definitions of 'gravity knife' and 'switchblade'
to the criminal law; and relating to reserving the authority to
regulate knives to the state with limited exceptions for
municipalities to regulate knives."
- MOVED SCS HB 33(JUD) OUT OF COMMITTEE
SENATE BILL NO. 65
"An Act relating to property exemptions for retirement plans,
individual retirement amending Rule 64, Alaska Rules of Civil
Procedure, and Rule 301(a), Alaska Rules of accounts, and Roth
IRAs; relating to transfers of individual retirement plans;
relating to Evidence." the rights of judgment creditors of
members of limited liability companies and partners of limited
liability partnerships; relating to the Uniform Probate Code,
including pleadings, orders, liability, and notices under the
Uniform Probate Code and the Alaska Principal and Income Act,
the appointment of trust property, the Alaska Uniform Prudent
Investor Act, co-trustees, trust protectors, and trust advisors;
relating to the Alaska Principal and Income Act; relating to the
Alaska Uniform Transfers to Minors Act; relating to the
disposition of human remains; relating to the tax on insurers
for life insurance policies; relating to insurable interests for
certain insurance policies; relating to restrictions on
transfers of trust interests; relating to discretionary
interests in irrevocable trusts; relating to the community
property of married persons; and
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 69(JUD)
"An Act exempting certain firearms, firearm accessories, and
ammunition in this state from federal regulation; declaring
certain federal statutes, regulations, rules, and orders
unconstitutional under the Constitution of the United States and
unenforceable in this state; providing criminal penalties for
federal officials who enforce or attempt to enforce a federal
statute, regulation, rule, or order regulating certain firearms
and firearm accessories in this state; and providing for an
effective date."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 83(JUD)
"An Act relating to certain federal statutes, regulations,
presidential executive orders and actions, and secretarial
orders and actions; relating to the duties of the attorney
general; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 81
SHORT TITLE: 2013 REVISOR'S BILL
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL
01/22/13 (H) READ THE FIRST TIME - REFERRALS
01/22/13 (H) JUD
03/01/13 (H) JUD AT 1:00 PM CAPITOL 120
03/01/13 (H) Heard & Held
03/01/13 (H) MINUTE(JUD)
03/04/13 (H) JUD AT 1:00 PM CAPITOL 120
03/04/13 (H) Heard & Held
03/04/13 (H) MINUTE(JUD)
03/11/13 (H) JUD AT 1:00 PM CAPITOL 120
03/11/13 (H) Moved Out of Committee
03/11/13 (H) MINUTE(JUD)
03/13/13 (H) JUD RPT 5DP
03/13/13 (H) DP: GRUENBERG, LYNN, LEDOUX, FOSTER,
KELLER
03/15/13 (H) TRANSMITTED TO (S)
03/15/13 (H) VERSION: HB 81
03/18/13 (S) READ THE FIRST TIME - REFERRALS
03/18/13 (S) JUD
03/29/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/01/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 83
SHORT TITLE: FEDERAL LAWS & EXECUTIVE ORDERS
SPONSOR(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
02/08/13 (H) Heard & Held
02/08/13 (H) MINUTE(JUD)
02/18/13 (H) JUD AT 1:00 PM CAPITOL 120
02/18/13 (H) Scheduled But Not Heard
02/25/13 (H) JUD AT 1:00 PM CAPITOL 120
02/25/13 (H) Scheduled But Not Heard
02/27/13 (H) JUD AT 1:00 PM CAPITOL 120
02/27/13 (H) Heard & Held
02/27/13 (H) MINUTE(JUD)
03/04/13 (H) JUD AT 1:00 PM CAPITOL 120
03/04/13 (H) Moved CSHB 83(JUD) Out of Committee
03/04/13 (H) MINUTE(JUD)
03/05/13 (H) JUD RPT CS(JUD) NT 5DP
03/05/13 (H) DP: MILLETT, GRUENBERG, PRUITT, FOSTER,
KELLER
03/13/13 (H) TRANSMITTED TO (S)
03/13/13 (H) VERSION: CSHB 83(JUD)
03/15/13 (S) READ THE FIRST TIME - REFERRALS
03/15/13 (S) JUD
03/29/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/01/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 33
SHORT TITLE: KNIVES, GRAVITY KNIVES, & SWITCHBLADES
SPONSOR(s): REPRESENTATIVE(s) NEUMAN
01/16/13 (H) PREFILE RELEASED 1/7/13
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) JUD
02/27/13 (H) JUD AT 1:00 PM CAPITOL 120
02/27/13 (H) Moved Out of Committee
02/27/13 (H) MINUTE(JUD)
03/01/13 (H) JUD RPT 6DP
03/01/13 (H) DP: MILLETT, GRUENBERG, PRUITT, LYNN,
LEDOUX, KELLER
03/27/13 (H) TRANSMITTED TO (S)
03/27/13 (H) VERSION: HB 33
03/28/13 (S) READ THE FIRST TIME - REFERRALS
03/28/13 (S) JUD
04/01/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 65
SHORT TITLE: APPROP: OPERATING BUDGET/LOANS/FUNDS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) FIN
01/22/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/22/13 (H) Scheduled But Not Heard
01/23/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/23/13 (H) Heard & Held
01/23/13 (H) MINUTE(FIN)
01/24/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/24/13 (H) Heard & Held
01/24/13 (H) MINUTE(FIN)
01/25/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/25/13 (H) Heard & Held
01/25/13 (H) MINUTE(FIN)
01/28/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/28/13 (H) Heard & Held
01/28/13 (H) MINUTE(FIN)
01/29/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/29/13 (H) Heard & Held
01/29/13 (H) MINUTE(FIN)
01/30/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/30/13 (H) Heard & Held
01/30/13 (H) MINUTE(FIN)
01/31/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/31/13 (H) Heard & Held
01/31/13 (H) MINUTE(FIN)
02/14/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/14/13 (H) Heard & Held
02/14/13 (H) MINUTE(FIN)
03/04/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/04/13 (H) Heard & Held
03/04/13 (H) MINUTE(FIN)
03/05/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/05/13 (H) Heard & Held
03/05/13 (H) MINUTE(FIN)
03/06/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/06/13 (H) Heard & Held
03/06/13 (H) MINUTE(FIN)
03/11/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/11/13 (H) APPROP: MENTAL HEALTH BUDGET
03/12/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/12/13 (H) Heard & Held
03/12/13 (H) MINUTE(FIN)
03/13/13 (H) FIN RPT CS(FIN) NT 9DP 2AM
03/13/13 (H) DP: HOLMES, THOMPSON, MUNOZ, NEUMAN,
EDGMON, T.WILSON, COSTELLO, AUSTERMAN,
03/13/13 (H) STOLTZE
03/13/13 (H) AM: GARA, KAWASAKI
03/13/13 (H) FIN AT 9:00 AM HOUSE FINANCE 519
03/13/13 (H) Moved CSHB 65(FIN) Out of Committee
03/13/13 (H) MINUTE(FIN)
03/13/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/13/13 (H) APPROP: MENTAL HEALTH BUDGET
03/14/13 (H) TRANSMITTED TO (S)
03/14/13 (H) VERSION: CSHB 65(FIN)
03/15/13 (S) READ THE FIRST TIME - REFERRALS
03/15/13 (S) FIN
03/21/13 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/21/13 (S) Heard & Held
03/21/13 (S) MINUTE(FIN)
03/22/13 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/22/13 (S) Heard & Held
03/22/13 (S) MINUTE(FIN)
03/22/13 (S) FIN AT 1:30 PM SENATE FINANCE 532
03/22/13 (S) Heard & Held
03/22/13 (S) MINUTE(FIN)
03/23/13 (S) FIN AT 10:00 AM SENATE FINANCE 532
03/23/13 (S) Heard & Held
03/23/13 (S) MINUTE(FIN)
03/25/13 (S) FIN AT 1:30 PM SENATE FINANCE 532
03/25/13 (S) APPROP: MENTAL HEALTH BUDGET
03/26/13 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/26/13 (S) Moved SCS CSHB 65(FIN) Out of
Committee
03/26/13 (S) MINUTE(FIN)
03/27/13 (S) FIN RPT SCS 7DP SAME TITLE
03/27/13 (S) DP: KELLY, MEYER, FAIRCLOUGH, BISHOP,
DUNLEAVY, HOFFMAN, OLSON
03/29/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/01/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
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
02/08/13 (H) Heard & Held
02/08/13 (H) MINUTE(JUD)
02/18/13 (H) JUD AT 1:00 PM CAPITOL 120
02/18/13 (H) Moved CSHB 69(JUD) Out of Committee
02/18/13 (H) MINUTE(JUD)
02/20/13 (H) JUD RPT CS(JUD) NT 6DP 1NR
02/20/13 (H) DP: MILLETT, PRUITT, LYNN, FOSTER,
LEDOUX, KELLER
02/20/13 (H) NR: GRUENBERG
02/27/13 (H) TRANSMITTED TO (S)
02/27/13 (H) VERSION: CSHB 69(JUD)
02/28/13 (S) READ THE FIRST TIME - REFERRALS
02/28/13 (S) JUD
03/15/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/15/13 (S) Heard & Held
03/15/13 (S) MINUTE(JUD)
03/18/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/18/13 (S) Heard & Held
03/18/13 (S) MINUTE(JUD)
03/20/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/20/13 (S) CONST. AM: EDUCATION FUNDING
03/25/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/25/13 (S) Heard & Held
03/25/13 (S) MINUTE(JUD)
03/29/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/29/13 (S) Heard & Held
03/29/13 (S) MINUTE(JUD)
04/01/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
CHUCK KOPP, Staff
Senator Fred Dyson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced the proposed Senate CS for HB 33.
RAY THIVAULT, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 33.
CHAD HUTCHINSON, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 65 on behalf of the sponsor.
DAVID SHAFTEL, Attorney
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 65.
DOUGLAS BLATTNACHR, President and CEO
Alaska Trust Corporation
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 65.
BETH CHAPMAN, Attorney
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 65.
SEYMOUR MILLS, representing himself
Sterling, Alaska
POSITION STATEMENT: Stated absolute opposition to the watered
down version of HB 69.
LLOYD HILLING, representing himself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 69.
FRANK TURNEY, representing himself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 69.
LYNETTE CLARK, representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified that she wants HB 69 to pass, but
that the Senate CS lacks important references.
DAVID LEE, representing himself
Nikiski, Alaska
POSITION STATEMENT: Described the changes to the penalties in
the Senate CS for HB 69 as abhorrent.
MIKE COONS, representing himself
Lazy Mountain, Alaska
POSITION STATEMENT: Urged the committee to reinsert the felony
provision in HB 69.
WAYNE OZOSKY, representing himself
Eagle River, Alaska
POSITION STATEMENT: Testified in support of HB 69.
JIM POUND, Staff
Representative Wes Keller
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 83 on behalf of the sponsor.
DAVID JONES, Assistant Attorney General
Civil Division
Opinions, Appeals, and Ethics Section
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Testified that DOL does not foresee any
problems with HB 83.
MIKE COONS, representing himself
Lazy Mountain, Alaska
POSITION STATEMENT: Testified in support of HB 83.
ACTION NARRATIVE
1:35:53 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:35 p.m. Present at the call to
order were Senators Dyson, Wielechowski, McGuire, and Chair
Coghill.
HB 81-2013 REVISOR'S BILL
1:37:58 PM
CHAIR COGHILL announced the consideration of HB 81. He asked the
committee for questions or comments.
1:38:08 PM
SENATOR DYSON said it piqued his interest to learn that
Legislative Legal Services relies heavily on the Department of
Law to locate inconsistencies, redundancies, and obsolescence in
the statutes, because they don't have the resources to do it
themselves. He relayed that he would continue to look into the
matter.
SENATOR DYSON moved to report HB 81 from committee with
individual recommendations and attached fiscal note(s).
CHAIR COGHILL found no objection and announced that HB 81 moved
from Senate Judiciary Standing Committee.
HB 33-KNIVES, GRAVITY KNIVES, & SWITCHBLADES
1:39:41 PM
CHAIR COGHILL announced the consideration of HB 33, and asked
for a motion to adopt the proposed Senate committee substitute
(CS).
SENATOR DYSON moved to adopt Senate CS for HB 33, labeled 28-
LS0194\C as the working document.
1:40:36 PM
CHAIR COGHILL objected for purposes of an explanation.
1:40:59 PM
REPRESENTATIVE MARK NEUMAN, sponsor of HB 33, stated support for
the Senate CS for HB 33, version C.
CHAIR COGHILL asked Mr. Kopp to explain the changes that version
C made.
1:41:37 PM
CHUCK KOPP, Staff to Senator Fred Dyson, stated that version C
was a cooperative effort with the bill sponsor. He explained
that Senator Dyson believes that criminal law should only apply
to conduct that is blame worthy or that threatens public safety.
Version C [incorporates SB 11] and makes it legal for a person
18 years or older to possess a gravity knife or switchblade.
He provided the following sectional analysis:
Section 1 decriminalizes the manufacture or sale of switchblades
or gravity knives and provides that a person may not transfer or
sell those knives to a person under age 18 without written
parental consent.
Section 2 provides that a person under age 16 may possess a
gravity knife or switchblade if he/she has parental consent.
Section 3 adopts definitions for the terms gravity knife and
switchblade.
[Section 4 adds "and knives" to AS 29.10.200.]
Sections 5 and 6 give authority to the state to regulate knives
so that a municipality can regulate conduct relating to knives
to the extent that the ordinance is the same or less restrictive
than state law. This is similar to the ability of the state to
regulate firearms.
Section 7 repeals AS 11.61.220(a)(5).
MR. KOPP relayed that his research shows that less than two
percent of assaults on public safety officers are done with
knives, and in the past two years public safety officers have
sustained no injuries or assaults from knives. Research also
indicates that knives are less dangerous to the general
population than other weapons, including hands and feet. He
argued that in a state where a non-felon can legally carry a
concealed handgun, it is incongruous that the person couldn't
carry a gravity knife or switchblade, as they would any other
knife. He directed attention to a display of legal knives.
1:46:32 PM
REPRESENTATIVE NEUMAN said he discussed this with law
enforcement and the commissioner of public safety and they were
not concerned with version C.
CHAIR COGHILL asked the sponsor or Mr. Kopp to speak to the fact
that this law, if enacted, would impose a different standard
than is found in National Parks in the state.
MR. KOPP explained that Jeffrey Olson, the National Parks
spokesperson, said that the current federal parks' policy
regarding weapons enforcement is to comply with state law. He
said that knife regulations in the parks were less important
than guns, but he would follow up.
1:48:47 PM
SENATOR WIELECHOWSKI said he supports the bill, but would like
to hear from an attorney about the differences between federal
and state law regarding knives. He suggested that it would be a
good idea to educate Alaskans about what they can and can't do
legally on federal land in this state.
MR. KOPP explained that Mr. Olson encouraged the state to work
with local park service offices to clearly post the rules and
regulations. It's a duty of the state to communicate that public
information, he said.
CHAIR COGHILL encouraged the sponsors, before the bill reaches
the floor, to speak with either the Region 10 director or a park
supervisor in Alaska about how the bill may impact them.
MR. KOPP acknowledged the suggestion.
SENATOR WIELECHOWSKI said he'd be more comfortable receiving
written comments from the parks.
1:51:13 PM
SENATOR DYSON commented that thousands of Alaskans carry
assisted opening knives and they would be stunned to know that
they're illegal.
SENATOR DYSON moved to report [Senate CS for CSHB 33 from
committee with individual recommendations and attached fiscal
note(s).]
CHAIR COGHILL removed his objection and version C was before the
committee. He said he would take up the motion when public
testimony was finished.
RAY THIVAULT, representing himself, Anchorage, Alaska, stated
that he owns a large knife store in Anchorage and would like to
chime in that HB 33 would have a positive impact on trade
industries and professionals. He said he had nothing negative to
say about the bill.
1:53:50 PM
CHAIR COGHILL announced that without objection [SCS CSHB
33(JUD)] moved from the Senate Judiciary Standing Committee.
1:54:11 PM
At ease
SB 65-RETIREMENT PLANS; ROTH IRAS; PROBATE
1:56:55 PM
CHAIR COGHILL announced the consideration of SB 65. He described
the bill as a continuing update of trust doctrine law and
relayed that he was carrying the bill this year.
1:57:43 PM
CHAD HUTCHINSON, Staff to Senator Coghill, stated that SB 65 has
wide support from banks. It updates Alaska trust laws, which
haven't been updated since 1997. He explained that when the
statutes were enacted they put Alaska at the forefront and
created commerce and jobs in a variety of fields including
insurance, legal, trust and banking. However, since 1997 other
states have enacted similar legislation and surpasses Alaska
law.
He opined that SB 65 will diversify the state's economic
portfolio and make it highly competitive in the financial
planning sector. It will generate revenue for the state by
encouraging residents and nonresidents to plan their financial
future and security in Alaska. The bill benefits everyone, he
said.
2:01:15 PM
CHAIR COGHILL noted that Marty Hester, David Shaftel, and
Douglas Blattmachr were available to testify and answer
questions.
2:01:44 PM
DAVID SHAFTEL, Attorney, Anchorage, Alaska, stated that his law
office focuses on estate planning and estate trust
administration. He related that he has worked with a group of
attorneys and trust officers since 1997 to recommend
improvements to Alaska trust and estate laws. He explained that
SB 65 amends the Uniform Principle and Income Act to conform to
final IRS regulation; it amends the Alaska Uniform Transfer to
Minors Act to continue management of the minor's assets beyond
the age of maturity if he/she desires; it enacts a majority of
rule in the retirement account area that provides protection for
beneficiaries' interests; and it allows for the transfer of
IRAs.
In the area of life insurance, SB 65 clarifies that trustees of
life insurance trusts can have insurable interests, and it
relieves trustees of life insurance trusts of liability with
respect to insurance policies that the clients have purchased.
The bill also clarifies the remedies in the limited liability
company and limited partnership area. There is also a provision
new to Alaska law that addresses the disposition of human
remains. As part of estate planning, a person can designate who
will make those decisions using the form that is included under
that amendment. In 1998 Alaska enacted a community property
regime that minimizes capital gains taxes when property is sold
by the surviving spouse. SB 65 contains provisions under the
community property regime that clarify title matters and rules
for recovering improper gifts. The bill also enacts decanting
provisions for modifying trusts.
He described SB 65 as an excellent bill.
CHAIR COGHILL noted that four members of the committee heard a
substantially similar bill last year.
2:08:17 PM
DOUGLAS BLATTNACHR, President and CEO, Alaska Trust Corporation
(ATC), Anchorage, Alaska, stated that ATC strongly supports
passage of SB 65, but would like Sections 34 and 35 removed.
They should be in a separate bill.
CHAIR COGHILL stated his intention to introduce a committee
substitute (CS) that does not include those sections, and
provide an explanation.
2:09:44 PM
BETH CHAPMAN, Attorney, Juneau, Alaska, said she practices
primarily in the area of trusts and estates and she believes
that SB 65 is in the best interest of Alaskans. It will help
alleviate the need to go to court, particularly to respond to
changes in circumstances with families.
SENATOR WIELECHOWSKI noted that tab 8 of the bill packet has a
legal opinion that says the bill could violate the single
subject rule. He suggested the committee arrange to hear from an
attorney to discuss that opinion, because the bill may have
constitutional problems.
MR. HUTCHINSON said he would provide a copy of the legal opinion
that responds to that memorandum.
SENATOR WIELECHOWSKI said he would like someone to go over the
bill with him section by section before he votes on it. He
agreed that it would be acceptable if that took place in his
office.
CHAIR COGHILL said he would make sure someone visited his
office, but his intention was to introduce the bill today and
delve into it on Wednesday.
2:12:35 PM
CHAIR COGHILL held SB 65 in committee.
HB 69-EXEMPT FIREARMS FROM FEDERAL REGULATION
2:13:00 PM
CHAIR COGHILL announced the consideration of HB 69. He noted
that version I was before the committee and that the areas of
tension were subsection (a)(1) and (2) in Section 2 and
subsection (g) in Section 6.
He opened public testimony.
2:15:03 PM
SEYMOUR MILLS, representing himself, Sterling, Alaska, stated
absolute opposition to the watered down version of HB 69. If the
Alaska State Troopers won't enforce it that is a good reason to
have sheriffs. They would be elected by the people and would
take an oath to uphold the law. He mentioned United States v.
Lopez, a case involving the Gun-Free School Zones Act of 1990
and the Commerce Clause, and questioned the reference in the
bill since the U.S. Supreme Court said that the Commerce Clause
did not apply. He reiterated his opposition to the current
version of the bill, and asked the state to stand between
himself and the federal government.
2:18:09 PM
LLOYD HILLING, representing himself, Fairbanks, Alaska,
testified in support of HB 69. His view was that the federal
government can take care of things in Washington, D. C. and
Alaska was competent to decide how to deal with its issues,
including firearms. He said the Second Amendment prohibits all
entities from infringing on the peoples' right to own firearms;
the Tenth Amendment makes it clear that the federal government
should do only that which is directly implied in the
constitution, and things such as the regulation of firearms is
not found in there. Stating steadfast support for HB 69, he said
it will send a message that Alaska is doing what it should do.
2:19:39 PM
FRANK TURNEY, representing himself, Fairbanks, Alaska, expressed
hope that HB 69 would protect Alaskan citizens from federal
overlords, and stated support for directing the attorney general
with the term "shall" as opposed to "may." He said it was a
mistake that the Constitutional Convention didn't require the
attorney general to be an elected position, because Alaska needs
a strict constitutionalist to protect citizen rights. He
requested the bill cover infringement of rights other than just
the Second Amendment, and expressed satisfaction that it
addressed the right to due process.
He said he wasn't aware that under AS 11.76.110, interfering
with the constitutional rights of Alaskan citizens is a
misdemeanor. It should be a felony. He said he sees nothing in
the bill regarding enforcement or penalties or accountability to
federal overlords. He asked that the term "state nullification"
be added and suggested that the bill needed more work.
CHAIR COGHILL said he understood the consternation.
2:23:11 PM
LYNETTE CLARK, representing herself, Fairbanks, Alaska, said she
wanted HB 69 to pass, but the current CS lacked important
references. She appreciates that the Real ID Act is mentioned,
but the provisions from [Section 1, paragraphs (3), (4), and
(5)] of SB 75 regarding the National Defense Authorization Act
(NDAA) and the Authorization for Use of Military Force are
missing. She said these are perilous times for this union of
states and if Alaska doesn't respond with federal felony
charges, the monster that is the federal government will come
down around its throat. She urged the committee to include those
provisions in the bill.
CHAIR COGHILL said the point was well taken.
2:26:50 PM
DAVID LEE, representing himself, Nikiski, Alaska, described the
changes to the penalties in HB 69 as abhorrent. He said the fact
that President Obama became chair of the United Nations Security
Council, in direct violation of the constitution, and then had
three U.S. citizens assassinated was a very good reason for
nullification. He maintained that Alaska needs sheriffs to back
the bill up, because the people are their boss.
2:28:20 PM
MIKE COONS, representing himself, Lazy Mountain, Alaska, urged
the committee to reinsert the felony provision in HB 69, and if
it's challenged it could go to the U.S. Supreme Court. He
claimed it would be a strong case if 12-14 other states have
passed similar legislation. If the felony provision isn't
reinserted, he suggested inserting a reference to AS 11.76.110,
interference with constitutional rights. That is a misdemeanor
now, but it could be increased to a felony next session, he
said.
2:30:52 PM
WAYNE OZOSKY, representing himself, Eagle River, Alaska, thanked
the committee for protecting Alaska citizens from the tyrannical
federal government. He said the President's executive orders
pushing Congress to violate citizens' Second Amendment rights
are in conflict with the constitution. He requested the
committee include a reference to AS 11.76.110 [as it appears in
SB 75] if the felony language isn't reinserted. He said nobody
wants anarchy, but if federal agencies routinely disregard the
constitution there will be a second "shot heard 'round the
world." The statement that judges aren't always right also
applies to people working in the Department of Law. Just because
a lawyer says the felony provisions of HB 69 are
unconstitutional, doesn't make it true. He reiterated support
for the felony provisions and emphasized that it was
constitutional for the state to protect its citizens.
CHAIR COGHILL explained his reasoning for removing the felony
language. He agrees that Alaskans should stand up for their
right and the freedom guaranteed under the constitution, but
taking a hard position may ultimately weaken the state's
position. The intent is to provide the best defense for
Alaskans.
He said he'd like to get a sense of the committee with regard to
the felony question.
2:35:59 PM
SENATOR DYSON encouraged the chair and his staff to qualify the
meaning of the phrase on page 2, line 4, "banning any firearm."
CHAIR COGHILL said he would discuss that with his staff.
Additional things for the committee to consider were the
suggestion to insert the word "illegally" at the beginning of
paragraphs (A) and (B) on page 3, lines 7 and 9; the language
from the National Defense Authorization Act that was in the
previous version R; and the language in subsection (g) on page 5
of version I as opposed to the wording in version P that passed
the House.
2:40:58 PM
SENATOR WIELECHOWSKI voiced support for moving the bill when the
chair was ready.
CHAIR COGHILL said he would review Senator Dyson's suggestion
and take action on the bill on Wednesday.
SENATOR DYSON asked for a short at ease.
2:42:04 PM
At ease.
2:43:43 PM
CHAIR COGHILL reconvened the meeting and relayed that the off
the record discussion was about the attorney general and his
powers. He noted that there would likely be two amendments
offered at the next hearing.
He closed public testimony and held HB 69 in committee.
HB 83-FEDERAL LAWS & EXECUTIVE ORDERS
2:45:10 PM
CHAIR COGHILL announced the consideration of HB 83. [CSHB
83(JUD) 28-LS0328\O was before the committee.]
2:45:30 PM
JIM POUND, Staff to Representative Wes Keller, sponsor of HB 83,
noted that this was the second hearing for HB 83. It pertains to
federal statutes, regulations, presidential executive orders or
secretarial orders that are passed by the federal government and
federal agencies and are currently reviewed by the attorney
general's office. The bill asks the attorney general to provide
the judiciary committees in each body a copy of the review so
they may decide whether to introduce legislation that would
nullify the measure or make it not applicable in the state of
Alaska. He noted that Assistant Attorney General David Jones was
available to answer the questions that Senator Wielechowski
raised when the bill was introduced.
SENATOR WIELECHOWSKI inquired about the attorney general's
position on the bill, if there would be any problems with
implementation, the extent to which DOL currently reviews
federal statutes, regulations, executive orders and actions and
secretarial orders, and if the bill would cause DOL to need
additional resources.
2:47:59 PM
DAVID JONES, Assistant Attorney General, Civil Division,
Opinions, Appeals, and Ethics Section, Department of Law (DOL),
Anchorage, Alaska, stated that DOL does not see problems with HB
83. He explained that a similar version was introduced in 2011
and discussions with the sponsor led to the language in the
current bill. It says "the attorney general will continue to
review" and DOL's understanding is that would not impose an
obligation on the attorney general to review all statutes,
regulations, executive orders and actions, and secretarial
orders to determine whether any were potentially preemptive.
Rather, the attorney general's office would continue its normal
course. With that understanding, DOL does not believe the bill
will impose excessive work on the department.
CHAIR COGHILL asked if the conflict addressed in Section 2 would
be primarily a constitutional conflict.
MR. JONES said it could be characterized otherwise, but the
Supremacy Clause of the U.S. Constitution assures that almost
every conflict between a federal and state provision will have a
constitutional element.
CHAIR COGHILL commented that it's been his experience that
accepting money from the federal government comes with the
relinquishment of some right or power.
SENATOR DYSON questioned how the Department of Law would
continue current practices if the bill were to pass, because his
understanding was that it would impose a mission on the
department to look for conflicts between state and federal
statutes, regulations, and other directives.
MR. JONES acknowledged that if the department were to undertake
a complete review of all federal statutes, regulations, and
orders to determine whether any were potentially preemptive, it
would require a significant number of additional staff.
SENATOR DYSON offered his belief that the legislature wants the
Department of Law to be alert to the particular conflicts that
affect liberties and actions in the state.
MR. JONES replied that the message is clearly received,
understood, and will be accepted.
2:53:37 PM
SENATOR DYSON said he and most of his colleagues want to be
alert to protecting liberties and they will consider this a
significant part of Department of Law's mission.
MR. JONES acknowledged the directive.
2:54:16 PM
MIKE COONS, representing himself, Lazy Mountain, Alaska, said he
hopes that HB 83 is passed from committee today. The bill is
legally solid, and it protects people from an "out of control"
President. He encouraged the committee to read Bob Byrd's
testimony and the documents pertaining to HB 69, because they
dovetail into this bill. The need for this bill has grown over
the last four years, but it's been needed for decades since the
federal government has been disregarding the Tenth Amendment and
burdening states with unfunded mandates. Now it is incumbent on
states to stand up for citizens' rights and for what is best for
the state. He maintained that the current administration was
using executive orders to enact law, although Article Two of the
U.S. Constitution does not provide that authority. He cited
examples. Passing HB 83 will help states take back the nation
and perhaps put backbone in Congress to stand with the
Constitution.
2:58:14 PM
CHAIR COGHILL opened committee discussion.
SENATOR WIELECHOWSKI noted he had an amendment that was
discussed previously.
SENATOR WIELECHOWSKI moved Amendment 1, labeled 28-LS0328\O.1.
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR WIELECHOWSKI
TO: CSHB 83(JUD)
Page 2, following line 13:
Insert a new bill section to read:
"* Sec. 3. AS 44.23.020(b) is amended to read:
(b) The attorney general shall
(1) defend the Constitution of the
State of Alaska and the Constitution of the
United States of America;
(2) bring, prosecute, and defend all
necessary and proper actions in the name of the state
for the collection of revenue;
(3) represent the state in all civil
actions in which the state is a party;
(4) prosecute all cases involving
violation of state law, and file informations and
prosecute all offenses against the revenue laws and
other state laws where there is no other provision for
their prosecution;
(5) administer state legal services,
including the furnishing of written legal opinions to
the governor, the legislature, and all state officers
and departments as the governor directs; and give
legal advice on a law, proposed law, or proposed
legislative measure upon request by the legislature or
a member of the legislature;
(6) draft legal instruments for the state;
(7) make available a report to the
legislature, through the governor, at each regular
legislative session
(A) of the work and expenditures of
the office; [AND]
(B) on needed legislation or
amendments to existing law; and
(C) summarizing litigation between the
state and a department or agency of the federal
government, including, for each case, a discussion of
the legal issues presented to the court, the cost of
the case, and the final disposition of the case, if
available;
(8) prepare, publish, and revise as it
becomes useful or necessary to do so an information
pamphlet on landlord and tenant rights and the means
of making complaints to appropriate public agencies
concerning landlord and tenant rights; the contents of
the pamphlet and any revision shall be approved by the
Department of Law before publication; and
(9) perform all other duties required by
law or which usually pertain to the office of attorney
general in a state."
Renumber the following bill sections accordingly.
2:59:04 PM
CHAIR COGHILL objected for an explanation.
SENATOR WIELECHOWSKI explained that the bill currently requires
the attorney general to provide summaries of what is happening
with federal statutes and regulations, but it appears to create
a gap because the attorney general is not required to actually
provide a summary of the litigation against the federal
government. The amendment fills that gap.
MR. POUND said the sponsor considers this an unfriendly
amendment. It would probably add a fiscal note to the bill,
which is unnecessary. Furthermore, he wasn't given a copy of the
amendment until now.
CHAIR COGHILL pointed out that Senator Wielechowski brought the
issue up during the last hearing. He said his perspective was
that a summary of litigation seemed reasonable.
SENATOR DYSON described the amendment as a substantial change.
SENATOR WIELECHOWSKI said the bill appears to be asking the
attorney general to review tens of thousands if not hundreds of
thousands of documents and prepare memos of every document that
is potentially in conflict with a statute or regulation, and the
Department of Law submitted a zero fiscal note for that work.
The amendment simply asks for a summary of the litigation that
the state is involved in. The bill creates a gap that the
amendment fills, and there shouldn't be a fiscal note.
3:02:39 PM
CHAIR COGHILL asked Mr. Jones if he had reviewed the amendment.
MR. JONES said no.
CHAIR COGHILL said it's only fair to provide an opportunity for
everyone to look at the amendment and quantify the cost. He
reiterated that he was more sympathetic to the amendment than
not.
SENATOR WIELECHOWSKI said there was no attempt to keep the
amendment from the sponsor or anyone else; his office just
received it.
CHAIR COGHILL said if the bill goes to the finance committee, he
wants it to be on purpose with some recommendation.
SENATOR DYSON observed that the issue isn't money; it's what the
legislature wants the attorney general to do. He opined that the
amendment changes the bill profoundly.
3:05:23 PM
SENATOR WIELECHOWSKI clarified that the amendment doesn't take
anything away, it adds a section that says the attorney general
provides an additional summary of the litigation.
CHAIR COGHILL said he was open to the discussion because both
look at conflicts between the state and federal government.
MR. POUND remarked that it's a difference between past and
future. Litigation is what is taking place now and in the past,
whereas regulations, secretarial orders, and executive orders
are happening now and in the future.
CHAIR COGHILL announced that he would hold HB 83 and take action
on Amendment 1 on Wednesday.
3:07:33 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 3:07 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Senate CS for HB 69 Version I.pdf |
SJUD 4/1/2013 1:30:00 PM |
HB 69 |
| Written testimony_HB69_Vasquez.docx |
SJUD 4/1/2013 1:30:00 PM |
HB 69 |