Legislature(1993 - 1994)
1994-03-14 House Journal
Full Journal pdf1994-03-14 House Journal Page 2790 SB 54 The objection to the motion was not maintained, and so, HCS CSSB 54(FIN) am H was returned to second reading for the specific purpose of rescinding action in adopting Amendment No. 2. Representative Ulmer moved and asked unanimous consent that the House rescind its action in adopting Amendment No. 2 Objection was heard. The question being: "Shall the House rescind its action in adopting Amendment No. 2?" The roll was taken with the following result: HCS CSSB 54(FIN) am H--RECONSIDERATION Second Reading Rescind Action in adopting Amendment No. 2 YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hoffman, Hudson, Larson, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis 1994-03-14 House Journal Page 2791 SB 54 Nays: Barnes, Bunde, Hanley, James, Kott, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey And so, the motion passed. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) am H--RECONSIDERATION Second Reading Amendment No. 2 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Green, Hanley, James, Kott, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Hudson, Larson, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis And so, Amendment No. 2 was not adopted. Representative Finkelstein moved and asked unanimous consent that HCS CSSB 54(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 5. There being no objection, HCS CSSB 54(FIN) am H was returned to second reading. Amendment No. 5 was offered by Representative Finkelstein: Page 2, following line 24: Insert new bill sections to read: "* Sec. 2. AS 11.61.200(a) is amended to read: (a) A person commits the crime of misconduct involving weapons in the third degree if the person 1994-03-14 House Journal Page 2792 SB 54 (1) knowingly possesses a firearm capable of being concealed on one's person after having been convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult 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; (7) violates AS 11.46.320 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 AS 11.46.320 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 AS 25.35.010(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 AS 11.56.740 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 1994-03-14 House Journal Page 2793 SB 54 felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult 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. * Sec. 3. AS 11.61.200(b) is amended to read: (b) It is an affirmative defense to a prosecution (1) under (a)(1) [, (2),] or (10) of this section that (A) [(1)] the person convicted of the prior offense on which the action is based received a pardon for that conviction; (B) [(2)] the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or (C) [(3)] a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense or adjudication of juvenile delinquency and the date of the violation of (a)(1) [, (2),] or (10) of this section, and the prior conviction or adjudication of juvenile delinquency did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory; (2) under (a)(2) of this section that (A) the person convicted of the prior offense on which the action is based received a pardon for that conviction; (B) the underlying conviction upon which the action is based has been set aside under AS12.55.085 or as a result of post-conviction proceedings; or (C) a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense and the date of the violation of (a)(2) of this section, and the prior conviction did not result from a violation of AS11.41 or of a similar law of the United States or of another state or territory." 1994-03-14 House Journal Page 2794 SB 54 Renumber the following bill sections accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) am H--RECONSIDERATION Second Reading Amendment No. 5 YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Foster, MacLean, Martin Kott changed from "Nay" to "Yea". And so, Amendment No. 5 was adopted. Representative Hoffman moved and asked unanimous consent that HCS CSSB 54(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 6. Objection was heard. The question being: "Shall HCS CSSB 54(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 6?" The roll was taken with the following result: 1994-03-14 House Journal Page 2795 SB 54 HCS CSSB 54(FIN) am H--RECONSIDERATION Third Reading Return to Second for Amendment No. 6 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Mackie, Martin, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Navarre changed from "Nay" to "Yea". And so, the motion failed. The question to be reconsidered: "Shall HCS CSSB 54(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 54(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davidson, Hoffman, Nicholia And so, HCS CSSB 54(FIN) am H passed the House on reconsideration. 1994-03-14 House Journal Page 2796 SB 54 Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 54(FIN) am H was referred to the Chief Clerk for engrossment.