Legislature(1993 - 1994)

1994-03-14 House Journal

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1994-03-14                     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.