HB 400-CONFISCATION OF FIREARMS  9:35:54 AM CHAIR RALPH SEEKINS announced CSHB 400(FIN) to be up for consideration. REPRESENTATIVE JOHN COGHILL informed the committee that he addressed the concerns of the committee in the previous bill hearing of how to handle people in governmental positions who violated an oath of office. He deferred to Mr. Guaneli to explain an amendment that he was prepared to offer. DEAN GUANELI, Chief Assistant Attorney General, Department of Law (DOL), advised the committee that he checked on the various public officials that could be subject to the provision and crafted a mechanism for achieving the removal of office. The primary people who would be subject to the provision are police officers who would use their authority to confiscate firearms. Potentially the governor or the mayor could come under the provision but it would be unlikely. 9:39:15 AM MR. GUANELI proposed the amendment and said it basically said that a person convicted under the crime of confiscating firearms under disaster circumstances would be subject to revocation of the person's police officer certificate. Subsections (2) and (3) address elected public officials. This doesn't eliminate the possibility of a lawsuit but it does say that a person convicted would be subject to impeachment. Subsection (3) outlines the removal of elected officials. The proposed amendment would use existing statutory mechanisms to provide for the removal of a person from office. 9:42:28 AM SENATOR GRETCHEN GUESS asked Mr. Guaneli whether there were public safety officials that wouldn't fall under the provision. MR. GUANELI replied that Village Public Safety Officers (VPSOs) fall under the authority of the Alaska State Troopers and it is a very loose administrative approval process so that presents a problem. CHAIR SEEKINS noted they wouldn't have a certification to lose, although they would lose their position. 9:44:56 AM SENATOR GUESS asked whether a VPSO would get an exemption if they were directed by a trooper to confiscate firearms. MR. GUANELI said the intent is that they would not fall under the exemption but by law they have peace officer authority. SENATOR GENE THERRIAULT moved Amendment 1. 24-LS1543\X.1 Luckhaupt A M E N D M E N T 1 OFFERED IN THE SENATE TO: CSHB 400(FIN) Page 1, line 7, through page 2, line 1: Delete all material and insert: "Sec. 26.23.205. Confiscation of firearms. (a) A person convicted of official misconduct under AS 11.56.850, or interference with constitutional rights under AS 11.76.110, as a result of confiscating, attempting to confiscate, or ordering the confiscations of a firearm, under color of law, during a disaster emergency, (1) forfeits any appointed government position and, if under the jurisdiction of the Alaska Police Standards Council, is subject to revocation of the person's police certification; (2) is subject to impeachment under art. II, sec. 20, Constitution of the State of Alaska; or (3) is subject to having the person's elected municipal office declared vacant under AS 29.20.170 or 29.20.280. (b) This section does not apply if the person is acting as a private citizen who has been directed to confiscate a firearm by another whom the person reasonably believes to be a peace officer or active member of the armed forces or militia. (c) A conviction described in (a) of this section is an offense involving a violation of the oath of office for purposes of AS 29.20.170 or 29.20.280." Hearing no objections, the committee adopted the Amendment 1. SENATOR THERRIAULT asked for clarification whether there was a clear definition of confiscation. He posed a hypothetical situation of a person stealing his neighbor's firearm in a disaster situation in order to protect himself. MR. GUANELI responded that was discussed in other committees and everyone recognized that the taking of a weapon in order to protect the public would not be something the DOL would prosecute. 9:48:15 AM SENATOR GUESS said a police officer that suspects that a person intends to harm another would have the duty and the right to confiscate that weapon. MR. GUANELI added that HB 400 is not intended to prevent police officers from stopping criminal activity. SENATOR CHARLIE HUGGINS moved SCS CSHB 400(JUD) from committee with individual recommendations and attached fiscal notes. Hearing no objection, the motion carried.