Senate Passes Resolution (SJR 3) Supporting NPS Regulation
Allowing Park Users to Carry Concealed Weapons

JUNEAU – The Alaska State Senate today unanimously passed a resolution (SJR 3) commending the National Park Service and former President George Bush for adopting a regulation allowing park users who have state-issued concealed carry permits to carry a concealed firearm in national parks. The resolution also urges the present administration of Barack Obama to continue the rule and improve on it by allowing weapons to be carried openly.

After it took effect on January 9, the rule was challenged by environmental and gun control groups, resulting in a preliminary injunction stopping its implementation.

“Our expression of support for this rule through SJR 3 becomes ever more important and pertinent with the decision of the federal court to issue a preliminary injunction,” said Sen. Gene Therriault, R-North Pole, the prime sponsor of SJR 3. “We want the Obama administration to fight to defend the rule, which could mean the difference between life and death to a park user in extremely remote and wild areas of Alaska.”

Therriault noted that current federal park rules allow a handgun to be taken into a park, but it must be disassembled, unloaded, and kept where it is not readily accessible to the user. “The new rule is based on the logic that if a hiker is already allowed to carry a concealed weapon on most public land, there is no reason to deny them the same level of personal protection in federal parks. Carrying around an unassembled, unloaded gun in the Denali backcountry is not going to be of much use if you are suddenly charged by a bear,” Therriault said.

The groups that challenged the rule in federal court argued that the government had not gone through the process of generating an environmental analysis. The federal government defended the rule by pointing out that it did not authorize any environmental impacts, so there was no need for an environmental analysis.

SJR 3 will next go to the State House of Representatives for its consideration. After passage by the House, the resolution will be sent to President Obama, the leaders of Congress, and Alaska’s delegation in Congress. # # #

Dyson Resolution Calls on Congress to
Not Renew “Assault Weapons” Ban

JUNEAU – Sen. Fred Dyson, R-Eagle River, has introduced legislation, SJR 15, calling on Congress to not reinstate the 1994 federal ban on “assault weapons,” which expired in 2004. The earlier ban prohibited the sale of certain types of semi-automatic rifles and clips that held more than 10 rounds of ammunition.

“The 1994 ban on so-called ‘assault weapons’ really had no effect on reducing crime, but made it impossible for law-abiding gun enthusiasts and other average citizens to buy the guns they wanted,” Dyson said. “In fact, contrary to what gun control groups predicted when the ban expired in 2004, government statistics show that the murder rate by guns has dropped to a 43-year low.

“The type of firearms and clips banned by the 1994 law were the most popular for target shooting, home protection, competition training, and are helpful to some handicapped shooters,” Dyson said. “The current federal definition of an ‘assault weapon’ is one that is capable of fully automatic fire, or in other words, a machine gun. Extending that definition to semi-automatic rifles, based on cosmetic features, is nonsensical. It is unfair to the millions of Americans who enjoy the lawful use of those weapons.”

Dyson also noted that the Supreme Court of the United States, in its decision last year in District of Columbia v. Heller, ruled that the Second Amendment protects an individual right to keep and bear arms primarily for defensive purposes. “This would be a step backwards – a step that tramples on our Second Amendment rights,” Dyson said.

SJR 15 was referred to the Senate State Affairs and Judiciary committees.

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Senate Republican Caucus: Governor Right to Question Federal Stimulus Dollars that Would Result in Huge Long-Term Operating Budget Commitments

JUNEAU – In light of Governor Sarah Palin’s announcement today that she would accept only $514 million of $930 million offered to Alaska in federal stimulus dollars, members of the Senate Republican Caucus endorsed her approach to keep the state operating budget under control.

“The Governor has said she would accept only those dollars offered for capital projects and is just saying ‘no’ to most of the funding for expansion of government programs,” said Sen. Gene Therriault, R-North Pole. “I think this is a responsible course to take. She may be criticized for refusing more than $400 million in available funding, but by doing so, we will avoid an unsustainable expansion of programs on into the future. I appreciate that she is going to work with the Legislature to review those projects and dollars she questioned, to see if there is a balance we can reach between the strings that are attached and what is in the best interest of Alaskans.”

“This offer from the Congress and the Obama administration is a little bit like having way too much to drink,” said Sen. Con Bunde, R-Anchorage. “A good time may be had by all, but the hangover the next day, and the consequences of what you did while you were drunk, may be with you for a long, long time.”

“The Governor made it clear that the direction she is taking with the federal stimulus dollars only pertains to the State of Alaska, and does not impact any funding for which municipalities, nonprofits, tribal organizations, and other community entities may otherwise be eligible,” said Sen. Tom Wagoner, R-Kenai. “I think part of the job of the Legislature, along with the administration, is to help those local entities identify available grants that are funded through the stimulus package, and apply for those dollars if they do not create an on-going commitment that the local organization cannot sustain.”

“The U.S. economy is going through an especially rough patch, so we have to be very careful how we apply this stimulus,” said Sen. Fred Dyson, R-Eagle River. “In addition, we hope the public will understand the strings that are attached to some of these carrots. For example, one program would get us $28 million, but requires us to adopt a statewide international building code. While a one-size-fits-all code may work in smaller states, the climate and geography in Alaska is so varied that local governments need flexibility in their areas. Through our legislative process, we will determine if we want to take on this requirement.”

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Energy Committee Moves Bill to Make Alternative Energy Sources Part of Facility Planning Process

SB 71 Would Require State Planners to Include Future Alternative Energy Potential

JUNEAU – The Senate Special Committee on Energy today took an important step toward ensuring state facilities planners consider alternative energy technology when designing new public facilities or remodeling existing buildings.

The bill, SB 71, was introduced by Sen. Gene Therriault, R-North Pole to support the efforts of the Legislature and the administration to develop and use alternative energy sources wherever possible. Therriault said he appreciated the interest shown in moving the bill forward by Sen. Lesil McGuire, the chairwoman of the Energy committee.

“Public facilities are certainly large consumers of energy in every community in the state, so it is important that we lead the way to accommodate the use of alternative energy,” Therriault said. “This bill does not mandate that new state facilities must use alternatives, but it would require that they be designed to allow for the possible use of alternative fuels without significant retrofitting.”

“In addition, a large state facility or school as the base user of alternative energy in a community would bring the price down to a more reasonable level for homes, businesses, and other smaller quantity users. It would also likely generate jobs for local residents.”

SB 71 has a next referral to the Resources committee.

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Therriault Bill to Fix Bridges, Service Roads & Trails Moves from Senate Transportation Committee

Committee also okays bill to exempt some municipal board meetings
from Open Meetings Act

JUNEAU – The Senate Transportation Committee today voted to move two bills sponsored by Sen. Gene Therriault, R-North Pole, on to their next committees of referral.

The first, SB 53 would take one step toward fixing some of the state’s bridges, local service roads and trails most in need of major maintenance. The bill appropriates $25 million for design, planning and construction of repairs to existing bridges and bridge infrastructure. It also appropriates $10 million to the Local Service Roads and Trails program for work on smaller road projects.

“I was gratified to have SB 53 move out of the Transportation committee because it shows the Senate is serious about funding these bridge and road repairs, and I appreciate Chairman Albert Kookesh for his leadership in moving the bill,” Therriault said. “A lot of our attention is given to big picture projects, so ongoing maintenance of many of our smaller bridges just doesn’t get funded. At the same time, local service roads do not qualify for federal matching dollars and must depend on general fund dollars. This bill is helping to frame the debate and focus our attention on these crucial – but deteriorating – transportation links.”

SB 53 has a next referral to the Senate Finance committee.

The second bill, SB 48, provides an exemption to the Open Meetings Act for all municipal boards, commissions, and committees meeting solely to administer and manage existing policy. A public meeting must still be noticed and held if the agenda includes policy matters such as contract negotiations or setting service area tax rates.

“Senate Bill 48 makes a distinction in the Open Meetings Act between the meetings of boards or committees that are strictly administrative, as opposed to those which discuss and set public policy,” Therriault said. “If we have a road washout or a heavy dump of snow, road commission members need to be able to deal with the problem, that is, to administer a previously decided policy, without being in violation of the Open Meetings Act.”

SB 48 also clarifies an abnormality in state law regarding the definition of a “meeting.” Currently, meeting requirements for advisory bodies are more stringent than those for policy setting bodies. SB 48 places the same open meetings requirements on advisory bodies as are on government agencies authorized to establish public policy.

SB 48 has a further referral to the Senate Judiciary Committee.

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