Legislature(2009 - 2010)HOUSE FINANCE 519

02/16/2010 01:30 PM House FINANCE

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01:36:40 PM Start
01:37:47 PM Alaska Mental Health Trust Authority Board of Trustees Confirmation Hearing:
01:51:20 PM HB312
03:09:05 PM HB319
03:51:16 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: Alaska Mental TELECONFERENCED
Health Trust Authority Board of Trustees
Heard & Held
Moved CSHB 319(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 319                                                                                                            
     "An Act relating to firearms."                                                                                             
REPRESENTATIVE MIKE HAWKER, SPONSOR,  began his testimony. He                                                                   
said that the  bill contained some clarification  to existing                                                                   
concealed  carry laws.  Several years  ago the state  adopted                                                                   
the Vermont  carry system,  which stated  that an  individual                                                                   
was not  required to have a  state issued permit on  order to                                                                   
carry  a  concealed firearm.  However,  the  concealed  carry                                                                   
permit statutes  were retained  so that  people who  chose to                                                                   
procure a concealed  carry permit could do so.  The advantage                                                                   
was that the  concealed carry permits were valid  from state-                                                                   
to state.                                                                                                                       
3:09:05 PM                                                                                                                    
Co-Chair  Hawker  cited  Section 1,  Sub-section  (e),  which                                                                   
The  department   shall  mail  the  permittee   a  notice  of                                                                   
expiration  by  first class  mail  at  least 90  days  before                                                                   
expiration of the permit.                                                                                                       
Co-Chair  Hawker added  that  the permits  were  valid for  5                                                                   
years when issued. The next change  could be found in Section                                                                   
2, Sub-section (4):                                                                                                             
represent or display an expired  permit as if the permit were                                                               
valid,  unless the holder  has submitted  a complete,  timely                                                                   
renewal from under  AS 18.65.725 and the renewal  process has                                                                   
been delayed  due to circumstances  not under the  control of                                                                   
the applicant;  this paragraph does  not require a  holder to                                                               
return or  surrender a  permit upon  its expiration,  nor may                                                               
the  department require  a holder  to return  or surrender  a                                                               
permit upon its expiration.                                                                                                 
Co-Chair Hawker  continued to the third change,  which speaks                                                                   
to the issue of invalidating a  permit because the person has                                                                   
left the  states jurisdiction. He  felt that once  the permit                                                                   
had  been  authorized it  should  remain  valid even  if  the                                                                   
permittee leaves the state.                                                                                                     
3:13:39 PM                                                                                                                    
Representative  Austerman pointed out  to the committee  that                                                                   
the language  in Section  1 Sub-section  (f) stated  that the                                                                   
permittee does  not become ineligible  to hold a  permit when                                                                   
"ceasing"  to be  a resident  of  the state.  He wondered  if                                                                   
there were  other states that  accepted Alaskan  gun permits,                                                                   
and would an individual  be able to use it in  another state.                                                                   
Co-Chair Hawker  replied that  the reciprocity was  and would                                                                   
remain  recognized by  other states regardless  of where  one                                                                   
resides, provided that permit was valid.                                                                                        
3:16:44 PM                                                                                                                    
Co-Chair Hawker  stated that Section  3 proposed a  duty upon                                                                   
local law  enforcement  agencies across  the state. The  duty                                                                   
was  to execute  a  request, an  application  that a  citizen                                                                   
brings forward, to  receive and take possession  of a firearm                                                                   
that  was registered  under National  Firearms  Act of  1934.                                                                   
This was  how an individual  was able  to legally  possess; a                                                                   
short barreled  shot gun, a  short barreled rifle,  and fully                                                                   
automatic firearms.  The firearms  were legal in  most states                                                                   
and  prevalent in  Alaska. Due  the dangerous  nature of  the                                                                   
firearms, the  federal government  had a restrictive  process                                                                   
regarding  who may  possess  them. In  order  to possess  the                                                                   
particular  firearms  an  individual   must  go  through  the                                                                   
process for applying  to the Bureau of Alcohol,  Tobacco, and                                                                   
Firearms and  Explosives on  Form 4,  "The Application  for a                                                                   
Tax  Paid Transfer  and Registration  of  a Firearm"(copy  on                                                                   
file). The  form required  identification of the  individual,                                                                   
description  of  the firearm  and  who was  transferring  the                                                                   
item, as  well as  local law  enforcement certification.  The                                                                   
form  must  be  accompanied  by 2  sets  of  the  applicant's                                                                   
fingerprints and 2 photographs,  which are used to expedite a                                                                   
complete   background  check   by  the   Federal  Bureau   of                                                                   
3:19:48 PM                                                                                                                    
Co-Chair Hawker  shared that one  of the requirements  of the                                                                   
application process exists in  federal regulation. One of the                                                                   
requirements that  had been added to the  application process                                                                   
was that  the individual who wishes  to take possession  of a                                                                   
firearm  must first  go to  the local  chief law  enforcement                                                                   
officer,  who will  sign  the certification  as  part of  the                                                                   
application   process.   The  certification   was   "negative                                                                   
assurance"  from the  chief  law enforcement  officer,  which                                                                   
translates into;  "I have no information that  the transferee                                                                   
will use the firearm or device  described on this application                                                                   
for  other than  lawful purposes.  Or  that possession  would                                                                   
place the transferee in violation of state or local law."                                                                       
3:22:28 PM                                                                                                                    
Co-Chair Hawker  opined that historically, the  state's local                                                                   
law enforcement  had been  fickle concerning the  willingness                                                                   
to  sign  the  forms.  It  had   been  seen  that  chief  law                                                                   
enforcement  officers would  not sign  the forms for  unknown                                                                   
reasons. The bill would allow  the public the full respect of                                                                   
the 2nd  amendment as  far as  the legislature could  provide                                                                   
the assurances.                                                                                                                 
3:25:22 PM                                                                                                                    
Co-Chair  Stoltze affirmed  that  in 1994,  a  constitutional                                                                   
amendment  vote  by the  public  had  shown support  for  the                                                                   
position that  the bill  maintained; that  the right  to bear                                                                   
arms was an individual right,  and should not be preempted by                                                                   
political jurisdiction.                                                                                                         
Representative Foster voiced support for the legislation.                                                                       
}SUE STANCLIFF,  DEPARTMENT OF  PUBLIC SAFETY{, commented  on                                                                   
the 90  day notice in  the bill. She  stated that  House Bill                                                                   
201 made the expiration  date on the permits the  same as the                                                                   
birthday  of the  permittee, with  the hope  that this  would                                                                   
help  the  permittee   remember  to  renew.   Currently,  the                                                                   
department's  support services were  going through  an absent                                                                   
redesign,  which would be  online in  two years. The  changes                                                                   
could be  incorporated during that  time. She added  that the                                                                   
department supported  making gun permit retention  easier for                                                                   
residents.   She  warned  of   unintended  consequences   and                                                                   
judgment  from   other  states;  Kansas  and   Colorado  were                                                                   
specifically cited.                                                                                                             
3:31:24 PM                                                                                                                    
Co-Chair Stoltze  asked if the concern was  for the permittee                                                                   
or the state.  Ms. Stancliff replied  that it was the state's                                                                   
concern.  When  other  states  review  our  laws  they  could                                                                   
withdraw their reciprocity agreement with Alaska.                                                                               
Co-Chair Hawker  agreed that the issue should  been discussed                                                                   
and  would be  revisited as  necessary as  the process  moved                                                                   
forward.  He  added that  Utah  and  Florida do  not  require                                                                   
residency to receive a permit.                                                                                                  
3:33:33 PM                                                                                                                    
Representative  Kelly supported  the legislation. He  thought                                                                   
that the residency  question should be examined  for the sake                                                                   
of  maintaining  the  reciprocity   relationship  with  other                                                                   
~DAVID SCHADE, DIRECTOR OF STATEWIDE  SERVICES, DEPARTMENT OF                                                                   
PUBLIC  SAFETY{,   testified  that   he  was  available   for                                                                   
Co-Chair Hawker  hoped that, with the committee's  previously                                                                   
demonstrated  commitment to  2nd Amendment  rights, that  the                                                                   
consideration of the bill could be expedited.                                                                                   
Co-Chair Stoltze closed public testimony.                                                                                       
Representative  Kelly  recalled  having  a concern  over  the                                                                   
expired concealed  carry permit recertification  process. Co-                                                                   
Chair  Hawker  replied  that that  had  been  considered.  He                                                                   
explained  that  The  Department of  Public  Safety,  through                                                                   
regulatory  authority,  allowed a  90  day grace  period  for                                                                   
permit recertification. The combination  of the 90 day notice                                                                   
before  and after  the expiration  date  gives the  permittee                                                                   
approximately  6 months to  renew. He felt  that this  was an                                                                   
adequate timeframe for the permittee to work within.                                                                            
3:37:26 PM                                                                                                                    
Representative  Doogan asked how  many of  the 90 day  before                                                                   
expiration  notices were  sent  out annually.  Ms.  Stancliff                                                                   
replied that there were 7,000 permits holders in the state.                                                                     
3:38:48 PM                                                                                                                    
Ms. Stancliff  furthered that, according to the  fiscal note,                                                                   
the  department anticipated  sending  out  1500 notices.  She                                                                   
added that specific numbers could be given by Mr. Schade.                                                                       
Mr.  Schade stated  that  there  were currently  7600  active                                                                   
permits, 14,000 was the high.                                                                                                   
Representative Doogan asked how  many 90 day notices would be                                                                   
issues in  an average  month. Mr. Schade  said that  it would                                                                   
depend on  when the  permit had been  issued. Some  years are                                                                   
high volume and some are not.  Representative Doogan asked if                                                                   
the  department  was  confident  that it  could  fulfill  the                                                                   
function with  a zero  fiscal note.  Mr. Schade replied  that                                                                   
that was the expectation.                                                                                                       
3:41:39 PM                                                                                                                    
Co-Chair Hawker  addressed the  fiscal note. He  relayed that                                                                   
when the  bill came  into committee it  was accompanied  by a                                                                   
fiscal  note  for  an  aggregate   of  $38,800.  The  support                                                                   
services of the  department had projected that  it would take                                                                   
370  of  programming,  at  $100 per  hour,  to  automate  the                                                                   
function.  The ongoing  rewrite of the  system would  include                                                                   
the necessary  programming when  completed. If the  effective                                                                   
date of the clause  were to be extended 2 years,  there would                                                                   
be no additional expense.                                                                                                       
3:45:17 PM                                                                                                                    
Vice-Chair Thomas MOVED to ADOPT Conceptual Amendment 1:                                                                        
ADD an effective date of July 1, 2012 for section 1 (e).                                                                        
(Page 1, live 4-5)                                                                                                              
INTENT: To require the Department  of Public Safety to mail a                                                                   
90 day notice  of expiration to permit holders  starting July                                                                   
1, 2012.                                                                                                                        
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
Co-Chair  Hawker informed  the committee  that the  amendment                                                                   
would  allow  for  the  zero  fiscal  note  by  changing  the                                                                   
effective date.                                                                                                                 
Co-Chair Stoltze removed his OBJECTION. There being NO                                                                          
further OBJECTION, Conceptual Amendment 1 was ADOPTED.                                                                          
Vice-Chair Thomas MOVED to ADOPT Amendment 2, 26-LS1273\S.1,                                                                    
Luckhaupt, 2/15/10:                                                                                                             
Page 1, following line 2:                                                                                                       
     Insert new bill sections to read:                                                                                          
   "* Section 1. AS 18.65.700(a) is amended to read:                                                                        
          (a)  The department shall issue a permit to carry                                                                     
     a concealed handgun to a person who                                                                                        
               (1)   applies in  person at  an office  of the                                                                   
     Alaska State Troopers;                                                                                                     
               (2)  qualifies under AS 18.65.705;                                                                               
               (3)   submits on an [A COMPLETED]  application                                                               
     [ON  A] form approved  [PROVIDED]  by the department  [,                                                               
     THAT   PROVIDES]   the    information   required   under                                                                   
     AS 18.65.705 and 18.65.710;  [WITH EACH APPLICATION FORM                                                                   
     PROVIDED BY  THE DEPARTMENT,] the department  shall post                                                               
     on  the department's  website  [PROVIDE A  COPY OF]  the                                                               
     state  laws   and  regulations  relating   to  concealed                                                                   
     handguns,  which  must  include  a  concise  summary  of                                                                   
     where, when, and by whom  a handgun can be carried under                                                                   
     state  and federal  law and  shall, on  request, mail  a                                                               
     copy of the  regulations and summary to  an applicant or                                                               
               (4)  submits one  complete set of fingerprints                                                                   
     in  the format  approved by  the department  that is  of                                                                   
     sufficient  quality  so  that the  fingerprints  may  be                                                                   
     processed; the  fingerprints must be taken  by a person,                                                                   
     group,  or  agency  approved   by  the  department;  the                                                                   
     department shall maintain  a list of persons, groups, or                                                                   
     agencies  approved   to  take  fingerprints   and  shall                                                                   
     provide  the  list  to  the  public  upon  request;  the                                                                   
     fingerprints  shall  be  used  to  obtain  a  report  of                                                                   
     criminal  justice  information   under  AS 12.62  and  a                                                                   
     national   criminal    history   record    check   under                                                                   
     AS 12.62.400;                                                                                                              
               (5)      submits    evidence   of   successful                                                                   
     completion   of  a   handgun  course   as  provided   in                                                                   
     AS 18.65.715;                                                                                                              
               (6)     provides   one   frontal  view   color                                                                   
     photograph of  the person taken within the  preceding 30                                                                   
     days that includes the head  and shoulders of the person                                                                   
     and is of a size specified by the department;                                                                              
               (7)  shows a valid  Alaska driver's license or                                                                   
     identification card at the time of application;                                                                            
               (8)   does  not  suffer a  physical  infirmity                                                                   
     that prevents the safe handling of a handgun; and                                                                          
               (9)   pays  the  application  fee required  by                                                                   
     AS 18.65.720.                                                                                                              
   * Sec. 2. AS 18.65.725(a) is amended to read:                                                                              
          (a)  A permittee shall apply for renewal of a                                                                         
     permit  to  carry a  concealed  handgun  within 90  days                                                                   
     before  the expiration of  the permit,  on a [AND  SHALL                                                               
     PRESENT A COMPLETE] renewal  form approved [PROVIDED] by                                                               
     the department. The renewal form must include                                                                              
               (1)  any change in the information originally                                                                    
     submitted under AS 18.65.710;                                                                                              
               (2)  a statement that the person remains                                                                         
     qualified to receive and hold a permit to carry a                                                                          
     concealed handgun under AS 18.65.705;                                                                                      
               (3)  one frontal view photograph of the                                                                          
     person taken within the preceding 30 days that includes                                                                    
     the head and shoulders of the person and is of a size                                                                      
     specified by the department;                                                                                               
               (4)  the renewal fee required under                                                                              
     AS 18.65.720; and                                                                                                          
               (5)          the     warning     listed     in                                                                   
     AS 18.65.710(a)(6)."                                                                                                       
Page 1, line 3:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 3"                                                                                                          
Renumber the following bill sections accordingly.                                                                               
Co-Chair Stoltze OBJECTED for the purpose of discussion.                                                                        
Ms. Stancliff  explained  that the amendment  would give  the                                                                   
department  authorization  to   post  the  concealed  handgun                                                                   
applications   and  other  documents   online,  which   would                                                                   
streamline  the  process.  Co-Chair  Hawker  added  that  the                                                                   
amendment recognized the existence of emerging technology.                                                                      
3:47:40 PM                                                                                                                    
Co-Chair  Stoltze  removed  his  OBJECTION.  There  being  NO                                                                   
further OBJECTION, Amendment 2 was ADOPTED.                                                                                     
Co-Chair Stoltze  discussed fiscal note 2. Due  to the action                                                                   
of  Amendment  1,  a  zero  fiscal  note  was  reported  out,                                                                   
replacing the previous fiscal note 2.                                                                                           
3:48:39 PM                                                                                                                    
Ms.  Stancliff   pointed  out  to  the  committee   that  the                                                                   
department  would still  have licensing  and mail out  costs,                                                                   
under $2,000, which would be absorbed by the department.                                                                        
Representative Austerman  wondered if statutory  language was                                                                   
necessary  to allow the  department to  post applications  on                                                                   
the website.  Ms. Stancliff  replied that statutory  language                                                                   
should not be necessary when the approved forms were used.                                                                      
Vice-Chair Thomas MOVED to report CSHB 319 (JUD), 26-                                                                           
LS1273\S, as AMENDED, out of Committee with individual                                                                          
recommendations and the accompanying zero fiscal note.                                                                          
CSHB 319  (JUD), 26-LS1273\S,  was REPORTED out  of committee                                                                   
with a  "do pass" recommendation  and with a new  zero fiscal                                                                   
note  by the  Department of  Public Safety  and a  previously                                                                   
published fiscal impact note: FN1 (LAW).                                                                                        
3:51:16 PM                                                                                                                    
Co-Chair Hawker discussed housekeeping.                                                                                         
Co-Chair Stoltze discussed housekeeping.                                                                                        

Document Name Date/Time Subjects
HB 312 ERA balance.pdf HFIN 2/16/2010 1:30:00 PM
HB 312
HB312-OOG-DOE-2-3-10NEW Fiscal Note.pdf HFIN 2/16/2010 1:30:00 PM
HB 312
HB312APF Historical Fund Value.pdf HFIN 2/16/2010 1:30:00 PM
HB 312
HB319 Sponsor Statement (2).pdf HFIN 2/16/2010 1:30:00 PM
HB 319
HB319 Summary of Changes.pdf HFIN 2/16/2010 1:30:00 PM
HB 319
HB319 Sectional.pdf HFIN 2/16/2010 1:30:00 PM
HB 319
HB319 Background.pdf HFIN 2/16/2010 1:30:00 PM
HB 319
Laraine Derr 2010 Confirmation Hearing.pdf HFIN 2/16/2010 1:30:00 PM
Mary Jane Michael 2010 Confirmation Hearing.pdf HFIN 2/16/2010 1:30:00 PM
Carlton Smith 2010 Confirmation Hearing.pdf HFIN 2/16/2010 1:30:00 PM
HB319 Hawker Amendment.pdf HFIN 2/16/2010 1:30:00 PM
HB 319
HB312 Sponsor Statement (2).pdf HFIN 2/16/2010 1:30:00 PM
HB 312
HB 319 Hawker Amendment #2.pdf HFIN 2/16/2010 1:30:00 PM
HB 319