HB 366-INVOLUNTARY COMMITMENT  2:46:00 PM VICE CHAIR LYNN announced that the final order of business would be HOUSE BILL NO. 366, "An Act relating to reporting an involuntary mental health commitment to the National Instant Criminal Background Check System; and relating to relief from disabilities of a record of involuntary commitment and an adjudication of mental illness or mental incompetence." 2:46:15 PM REPRESENTATIVE LEDOUX moved the CS for HB 366, labeled Version 28-LS1172\Y, Strasbaugh, 3/21/14, as the working document. 2:46:38 PM REPRESENTATIVE MILLETT objected. 2:46:58 PM REPRESENTATIVE PRUITT explained that the amendment the committee adopted on Wednesday is incorporated into the new CS, as is the deletion of "Health and Social Services." Additionally, after consultation with a federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) attorney, it was decided that "record of" should be changed to "resulting from" in CSHB 366. He referred to a [3/21/14] memorandum written by Kathleen Strasbaugh and stated that it is her terminology, and that she also changed the language concerning the court's rule from "may" to "shall." Apparently, the attorney for the BATFE indicated that if it was not changed, an individual in Alaska would not be eligible for "relief from [legal] disability" and would not be able to get their name back off the record, he opined. It is a technical change to align the language with that of the federal law, "so we can make sure that that person still has the ability to have their name removed from the list." The fiscal notes were changed, so now there are only zero fiscal notes, he added. 2:49:30 PM  REPRESENTATIVE GRUENBERG said he would like a copy of the letter from BATFE. MORGAN HOPSON, Staff, Representative Lance Pruitt, Alaska State Legislature, responded that she printed a copy of an email within which the representative from the Department of Public Safety (DPS) notified Ms. Hopson of the suggestions from BATFE. REPRESENTATIVE GRUENBERG asked for a copy of the documentation referred to by Kathleen Strasbaugh, Legislative Counsel, in her 3/21/14 memo to Representative Pruitt. 2:50:45 PM REPRESENTATIVE GRUENBERG requested a copy of the email from BATFE and asked if an individual from BATFE was available online. VICE CHAIR LYNN said no one from BATFE was online. 2:51:48 PM REPRESENTATIVE GRUENBERG noted that he would especially like to review the document regarding "the judge must grant relief" rather than "the judge may grant relief." He stated that there are times when federal officials state something as law and when the legislature reviews it, it finds that it is [just] an interpretation of a federal law. 2:53:14 PM KATHLEEN STRASBAUGH, Attorney, Legislative Legal Counsel, Legislative Legal and Research Services, Legislative Affairs Agency, said she reviewed the email before conducting the drafting. Ms. Strasbaugh spoke with the attorney in question who requested the language to read [on page 4, lines 8-10] "resulting from" rather than "a record of". She noted that the bill had been built around defining a concept called "a record of" disability related to an [involuntary commitment or adjudication of mental illness or mental incompetence], and the changes were made. [Changes were made regarding the language concerning the court's role in ruling on the motion for relief] from "may" to "shall." As Ms. Strasbaugh and Representative Gruenberg had discussed, the problem in this situation is that the objective is to relieve Alaskans from a disability created under federal law. She opined that the federal interpretation is rather critical in this situation even if they are not sure they agree with it. 2:54:55 PM VICE CHAIR LYNN asked Ms. Strasbaugh if she believes that the bill protects individuals that need to be protected. MS. STRASBAUGH responded that she copied it exactly, so she certainly hopes so. 2:55:20 PM REPRESENTATIVE MILLETT questioned if this is the enabling piece that will allow people with a 30-day involuntary commitment to have their names removed from the [record]. "This is the enabling piece that will say, 'now that I've served and proved that I'm not mentally unfit to carry a handgun'--this is what will enable them to get their name off of the list, correct?" MS. STRASBAUGH responded that is the objective. 2:56:21 PM MS. HOPSON paraphrased the following subject email: Page 3, lines 20-26: Sec. 47.30.851(a) Any person who is prohibited from possessing a firearm or ammunition under 18 U.S.C. 922(g)(4) as a result of an adjudication or commitment that occurred in this state may, at any time, move to be relieved from the disabilities resulting from the adjudication or commitment. Page 4, line 9: "may" must be changed to "shall". 2:57:39 PM VICE CHAIR LYNN closed public testimony. 2:57:54 PM REPRESENTATIVE GRUENBERG stated that he is interested in the last portion of the email, and he assumed the attorney did cite the federal statute earlier in the passage. 2:58:34 PM MS. HOPSON responded, "That is correct." 2:58:49 PM REPRESENTATIVE MILLETT moved to report CS for HB 366, labeled 28-LS1172\Y, Strasbaugh, 3/21/14, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection CSHB 366(JUD) passed out of committee. 2:59:31 PM