Legislature(1993 - 1994)

1994-04-14 House Journal

Full Journal pdf

1994-04-14                     House Journal                      Page 3430
HB 417                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 417                                                            
"An Act relating to the possession of deadly weapons within the               
grounds of or on the parking lot of preschools, elementary, junior             
high, and secondary schools; and relating to school lockers and                
other containers provided in a public or private school by the                 
school or the school district."                                                
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES) NEW TITLE  4DP  4NR                             2518         
	-2 ZERO FISCAL NOTES (LAW, DPS) 2/24/94                          2518         
	JUD RPT  CS(JUD) NEW TITLE 4DP 2NR                               3193         
	-2 PREVIOUS ZERO FNS (DPS, LAW) 2/24/94                          3194         
                                                                               

1994-04-14                     House Journal                      Page 3431
HB 417                                                                       
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 417(JUD)                                                
"An Act relating to the possession of weapons within the grounds              
of or on the parking lot of preschools, elementary, junior high, and           
secondary schools or while participating in a school-sponsored                 
event; and relating to school lockers and other containers provided            
in a public or private school by the school or the school district."           
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
Page 1, line 7 through page 2, line 21:                                        
	Delete all material.                                                          
	Insert new bill sections to read:                                             
  "* Section 1.  AS11.61.200(a) is amended to read:                          
	(a)  A person commits the crime of misconduct involving                      
weapons in the third degree if the person                                      
		(1)  knowingly possesses a firearm capable of being                         
concealed on one's person after having been convicted of a felony              
by a court of this state, a court of the United States, or a court of          
another state or territory;                                                    
		(2)  knowingly sells or transfers a firearm capable of                      
being concealed on one's person to a person who has been                       
convicted of a felony by a court of this state, a court of the United          
States, or a court of another state or territory;                              
		(3)  manufactures, possesses, transports, sells, or transfers               
a prohibited weapon;                                                           
		(4)  knowingly sells or transfers a firearm to another                      
whose physical or mental condition is substantially impaired as a              
result of the introduction of an intoxicating liquor or controlled             
substance into that other person's body;                                       
		(5)  removes, covers, alters, or destroys the manufacturer's                
serial number on a firearm with intent to render the firearm                   
untraceable;                                                                   
		(6)  possesses a firearm on which the manufacturer's serial                 
number has been removed, covered, altered, or destroyed, knowing               
that the serial number has been removed, covered, altered, or                  
destroyed with the intent of rendering the firearm untraceable;                

1994-04-14                     House Journal                      Page 3432
HB 417                                                                       
		(7)  violates AS11.46.320 and, during the violation,                        
possesses on the person a firearm when the person's physical or                
mental condition is impaired as a result of the introduction of an             
intoxicating liquor or controlled substance into the person's body;            
		(8)  violates AS11.46.320 or 11.46.330 by entering or                       
remaining unlawfully on premises or in a propelled vehicle in                  
violation of a provision of an order issued under AS25.35.010(b)               
or 25.35.020 and, during the violation, possesses on the person a              
defensive weapon or a deadly weapon, other than an ordinary                    
pocketknife;                                                                   
		(9)  communicates in person with another in violation of                    
AS11.56.740 and, during the communication, possesses on the                    
person a defensive weapon or a deadly weapon, other than an                    
ordinary pocketknife;                                                          
                                                                               
		(10)  resides in a dwelling knowing that there is a firearm                 
capable of being concealed on one's person or a prohibited                     
weapon in the dwelling if the person has been convicted of a                   
felony by a court of this state, a court of the United States, or a            
court of another state or territory, unless the person has written             
authorization to live in a dwelling in which there is a concealable            
weapon described in this paragraph from a court of competent                   
jurisdiction or from the head of the law enforcement agency of the             
community in which the dwelling is located; [OR]                               
                                                                               
		(11)  discharges a firearm from a propelled vehicle while                   
the vehicle is being operated; or                                            
                                                                               
		(12)  knowingly possesses a firearm or other deadly                         
weapon or a defensive weapon, without the permission of the                    
chief administrative officer of the preschool, school, or school               
district or the designee of the chief administrative officer,                  
within the grounds of or on a parking lot immediately adjacent               
to a public or private preschool, elementary, junior high, or                  
secondary school, or while participating in a school sponsored                 
event, except that a person 21 years of age or older may                       
possess an                                                                     
		(A)  unloaded firearm or other deadly weapon in                            
the trunk of a motor vehicle or encased in a closed                            
container in a motor vehicle;                                                  
		(B)  ordinary pocket knife or a defensive weapon.                        

1994-04-14                     House Journal                      Page 3433
HB 417                                                                       
   * Sec. 2.  AS 11.61.200(e) is amended to read:                            
	(e)  The provisions of (a)(3), [AND] (11), and (12) of this          
section do not apply to a peace officer acting within the scope and            
authority of the officer's employment.                                         
   * Sec. 3.  AS11.61.200 is amended by adding a new subsection to           
read:                                                                          
	(h)  In (a)(12) of this section, "firearm" includes an air gun or            
pellet gun that discharges a shot, pellet, or other projectile by              
means of compressed air or other gas."                                         
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 3, following line 16:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 5.  AS 11.61.220(c) is amended to read:                           
	(c)  The provisions of (a)(1) [,] and (2) [, AND (4)] of this            
section do not apply to a peace officer acting within the scope and            
authority of the officer's employment."                                        
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
                                                                               
Representative Carney objected.                                                
                                                                               
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 417(JUD)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  7   NAYS:  32   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Brown, Davidson, Davies, Finkelstein, Hoffman, Nordlund,                
Sitton                                                                         
                                                                               

1994-04-14                     House Journal                      Page 3434
HB 417                                                                       
Nays:  Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Green,          
Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean,             
Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell,             
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis         
                                                                               
Excused:  Ulmer                                                                
                                                                               
Navarre changed from "Yea" to "Nay".                                           
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
Amendment No. 2 was not offered.                                               
                                                                               
Amendment No. 3 was offered  by Representative Davies:                          
                                                                               
Page 3, following line 16:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 4.  AS14.03.080 is amended by adding a new subsection to          
read:                                                                          
	(f)  This section does not require a school district to admit a              
child or person currently under suspension or expulsion under                  
AS14.03.160 in that or another school district."                               
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 3, following line 30:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 6.  AS14.03 is amended by adding a new section to read:           
	Sec. 14.03.160. SUSPENSION OR EXPULSION OF                                   
STUDENTS FOR POSSESSING WEAPONS. Notwithstanding                               
any other provision of law, a school district shall adopt                      
procedures, including the right to a hearing, requiring the                    
suspension for at least 30 days, or expulsion for the school year or           
permanently, of a student who violates AS11.61.210(a)(7).  A                   
prior conviction, or adjudication of delinquency or child in need              
of supervision, for violation of AS11.61.210(a)(7) is not necessary            
for a school board to suspend or expel a student under this                    
section."                                                                      
                                                                               
Renumber the following bill section accordingly.                               
                                                                               

1994-04-14                     House Journal                      Page 3435
HB 417                                                                       
Representative Davies moved and asked unanimous consent that                   
Amendment No. 3 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 417(JUD)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  9   NAYS:  29   EXCUSED:  1   ABSENT:  1                              
                                                                               
Yeas:  Davidson, Davies, Finkelstein, Grussendorf, Larson, Navarre,            
Nordlund, Phillips, Sitton                                                     
                                                                               
Nays:  Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis,                  
Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Mackie,                   
MacLean, Martin, Menard, Moses, Mulder, Nicholia, Olberg, Parnell,             
Porter, Sanders, Therriault, Toohey, Vezey, Willis                             
                                                                               
Excused:  Ulmer                                                                
                                                                               
Absent:  Williams                                                              
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Representative Brown placed a call of the House.                               
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Nicholia:                        
                                                                               
Page 2, lines 16 and 17:                                                       
                                                                               
Delete all material.                                                          
                                                                               
Insert "(A)  unloaded weapon in or on a motor vehicle;"                   
                                                                               

1994-04-14                     House Journal                      Page 3436
HB 417                                                                       
Representative Nicholia moved and asked unanimous consent that                 
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Bunde objected.                                                 
                                                                               
The call was satisfied.                                                        
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 417(JUD)                                                                  
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster,          
Grussendorf, Hoffman, James, Kott, Mackie, MacLean, Navarre,                   
Nicholia, Phillips, Sitton, Vezey, Williams                                    
                                                                               
Nays:  Barnes, Brice, Bunde, G.Davis, Green, Hanley, Hudson, Larson,           
Martin, Menard, Moses, Mulder, Nordlund, Olberg, Parnell, Porter,              
Sanders, Therriault, Toohey, Willis                                            
                                                                               
Excused:  Ulmer                                                                
                                                                               
Barnes changed from "Yea" to "Nay".                                            
                                                                               
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 417(JUD) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
                                                                               
CSHB 417(JUD) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 417(JUD) pass the House?"  The                
roll was taken with the following result:                                      

1994-04-14                     House Journal                      Page 3437
HB 417                                                                       
                                                                               
CSHB 417(JUD)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis,                  
Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott,          
Larson, Martin, Menard, Moses, Mulder, Navarre, Nordlund, Olberg,              
Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Williams,      
Willis                                                                         
                                                                               
Nays:  Carney, Davidson, Hoffman, Mackie, MacLean, Nicholia,                   
Vezey                                                                          
                                                                               
Excused:  Ulmer                                                                
                                                                               
And so, CSHB 417(JUD) passed the House.                                        
                                                                               
Representative Nicholia gave notice of reconsideration of her vote on          
CSHB 417(JUD).