Legislature(1993 - 1994)

1994-04-15 House Journal

Full Journal pdf

1994-04-15                     House Journal                      Page 3455
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                       Friday             April 15, 1994         
                                                                               
                                                                               
                               Ninety-sixth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 10:34 a.m.                                                           
                                                                               
                                                                               
Roll call showed 37 members present.  Representatives Hoffman,                 
Ulmer and Willis had been previously excused from a call of the                
House today.  Representative Moses had been previously excused from            
a call of the House today; however, his presence was noted.                    
                                                                               
                                                                               
The invocation was offered by the Chaplain, Brian Penoyer of the               
Juneau Baha'i Faith.  Representative Menard moved and asked                    
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
"Make firm our steps, O Lord, in Thy path and strengthen                      
Thou our hearts in Thine obedience.  Turn our faces toward                     
the beauty of Thy oneness, and gladden our bosoms with the                     
signs of Thy divine unity.  Adorn our bodies with the robe of                  
Thy bounty, and remove from our eyes the veil of sinfulness,                   
and give us the chalice of Thy grace; that the essence of all                  
beings may sing Thy praise before the vision of Thy grandeur.                  
Reveal then Thyself, O Lord, by Thy merciful utterance and                     
the mystery of Thy divine being, that the holy ecstasy of                      
prayer may fill our souls - a prayer that shall rise above words               
and letters and transcend the murmur of syllables and sounds -                 
that all things may be merged into nothingness before the                      
revelation of Thy splendor.                                                    
                                                                               
                                                                               
                                       1                                       

1994-04-15                     House Journal                      Page 3456
Lord!  These are servants that have remained fast and firm in                 
Thy Covenant and Thy Testament, that have held fast unto the                   
cord of constancy in Thy Cause and clung unto the hem of the                   
robe of Thy grandeur.  Assist them, O Lord, with Thy grace,                    
confirm with Thy power and strengthen their loins in                           
obedience to Thee.                                                             
                                                                               
Thou art the Pardoner, the Gracious.  - `Abdu'l-Baha"                         
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Parnell.                    
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the 95th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
HB 505                                                                       
A message dated April 14, 1994, was read stating the Governor has              
signed the following bill and is transmittting the engrossed and               
enrolled copies to the Lieutenant Governor's Office for permanent              
filing:                                                                        
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 505(FIN) am S                             
"An Act making appropriations to the constitutional budget reserve            
fund established under art. IX, sec. 17, Constitution of the State of          
Alaska; making an appropriation to the Department of Education                 
for support of kindergarten, primary, and secondary education and              
community schools programs and for school construction debt                    
retirement; and making appropriations from the constitutional                  
budget reserve fund under art. IX, sec. 17(c), Constitution of the             
State of Alaska; and providing for an effective date."                         
                                                                               
Chapter 14, SLA 1994                                                          
                                                                               
Effective date:  See Chapter                                                  
                                                                               

1994-04-15                     House Journal                      Page 3457
                           MESSAGES FROM THE SENATE                          
                                                                               
HCR 24                                                                       
A message dated April 14, 1994, was read stating the Senate has                
passed:                                                                        
                                                                               
CS  FOR  HOUSE  CONCURRENT  RESOLUTION NO.                                    
24(JUD) am                                                                     
Supporting the governor's decision to authorize a suit against the            
United States government for violating the Alaska Statehood Act                
and the Alaska Statehood Compact.                                              
                                                                               
CSHCR 24(JUD) am was referred to the Chief Clerk for enrollment.               
                                                                               
HB 406                                                                       
A message dated April 14, 1994, was read stating the Senate has                
passed CSHB 406(FIN) with the following amendment and it is                    
transmitted for consideration:                                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 406(RLS)                                  
"An Act relating to municipal taxes and fees on the air                       
transportation of individuals or goods by federally certificated air           
carriers; and providing for an effective date."                                
                                                                               
A Senate Letter of Intent was attached (page 3639 of the Senate                
Journal).                                                                      
                                                                               
CSHB 406(FIN) is under Unfinished Business.                                    
                                                                               
A message dated April 14, 1994, was read stating the Senate has                
passed the following and they are transmitted for consideration:               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 215                                                                       
CS FOR SENATE BILL NO. 215(FIN) am(efd fld) by the Senate                      
Finance Committee, entitled:                                                   
                                                                               
"An Act relating to oil and hazardous substances; redesignating the           
oil and hazardous substance release response fund and relating to              
it; repealing the Citizens' Oversight Council on Oil and Other                 

1994-04-15                     House Journal                      Page 3458
SB 215                                                                       
Hazardous Substances and the authority in law by which marine                 
highway vessels may be designed and constructed to aid in oil and              
hazardous substance spill cleanup in state marine water using                  
money in the oil and hazardous substance release response fund                 
and repealing the authority of the Department of Environmental                 
Conservation to levy and collect fees for review of certain                    
submissions related to oil; altering requirements applicable to liens          
for recovery of state expenditures related to oil or hazardous                 
substances; terminating the nickel-per-barrel oil conservation                 
surcharge; levying and collecting two new oil surcharges; and                  
providing for the suspension and reimposition of one of the new                
surcharges.                                                                    
                                                                               
was read the first time and referred to the Resources, State Affairs and       
Finance Committees.                                                            
                                                                               
                                                                               
SB 217                                                                       
CS FOR SENATE BILL NO. 217(FIN) am by the Senate Finance                       
Committee, entitled:                                                           
                                                                               
"An Act relating to the University of Alaska and university land,             
authorizing the University of Alaska to select additional state                
public domain land, and defining net income from the University                
of Alaska's endowment trust fund as `university receipts' subject              
to prior legislative appropriation; and providing for an effective             
date."                                                                         
                                                                               
was read the first time and referred to the Community & Regional               
Affairs, Resources and Finance Committees.                                     
                                                                               
                                                                               
SB 228                                                                       
SENATE BILL NO. 228 by Senators Salo, Little and Zharoff, entitled:            
                                                                               
"An Act relating to bail after conviction for various felonies if the         
defendant has certain previous felony convictions."                            
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               

1994-04-15                     House Journal                      Page 3459
SB 349                                                                       
CS FOR SENATE BILL NO. 349(JUD) by the Senate Judiciary                        
Committee, entitled:                                                           
                                                                               
"An Act amending Alaska Rule of Criminal Procedure 6(r) relating              
to admissibility of hearsay evidence by peace officers before the              
grand jury."                                                                   
                                                                               
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
                                                                               
                                                                               
SB 353                                                                       
CS FOR SENATE BILL NO. 353(JUD) by the Senate Judiciary                        
Committee, entitled:                                                           
                                                                               
"An Act amending Alaska Rule of Criminal Procedure 24(d)                      
relating to peremptory challenges of jurors in felony criminal                 
proceedings."                                                                  
                                                                               
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 222                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 222                                                            
"An Act relating to landlords and tenants, to termination of                  
tenancies and recovery of rental premises, to tenant                           
responsibilities, to the civil remedies of forcible entry and detainer         
and nuisance abatement, and to the duties of peace officers to                 
notify landlords of arrests involving certain illegal activity on              
rental premises."                                                              
                                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               

1994-04-15                     House Journal                      Page 3460
HB 222                                                                       
CS FOR HOUSE BILL NO. 222(FIN)                                                
"An Act relating to landlords and tenants and to the applicability            
of the Uniform Residential Landlord and Tenant Act, to                         
termination of tenancies and recovery of rental premises, to tenant            
responsibilities, and to the civil remedies of forcible entry and              
detainer and nuisance abatement; and amending Rule 62(a) of the                
Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska                   
District Court Rules of Civil Procedure."                                      
                                                                               
The report was signed by Representatives Larson and MacLean, Co-               
chairs, with the following individual recommendations:                         
                                                                               
Do pass (9):  Larson, Hanley, Martin, Parnell, Grussendorf, Hoffman,           
Navarre, Therriault, Foster                                                    
                                                                               
No recommendation (2):  MacLean, Brown                                         
                                                                               
The following fiscal notes apply to CSHB 222(FIN):                             
                                                                               
Fiscal note, Dept. of Law, 4/15/94                                             
Zero fiscal note, Dept. of Public Safety, 4/15/94                              
                                                                               
HB 222 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 430                                                                       
The State Affairs Committee submitted the following report to correct          
the report submitted on April 5, 1994 (page 3122):                             
                                                                               
HOUSE BILL NO. 430                                                            
"An Act requiring certain applicants for a driver's license to take           
a driver training course."                                                     
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 430(STA)                                                
"An Act relating to driver's licensing; and providing for an                  
effective date."                                                               
                                                                               

1994-04-15                     House Journal                      Page 3461
HB 430                                                                       
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
No recommendation (3):  Vezey, Sanders, G.Davis                                
                                                                               
Amend (1):  Kott                                                               
                                                                               
The following fiscal note applies to CSHB 430(STA):                            
                                                                               
Zero fiscal note, Dept. of Public Safety, 4/5/94                               
                                                                               
HB 430 was considered by the Finance Committee (page 3370) and is              
currently in the Rules Committee for placement on the calendar.                
                                                                               
                                                                               
HB 447                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 447                                                            
"An Act establishing the Afognak Island State Park."                          
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 447(FIN)                                                
(same title)                                                                  
                                                                               
The report was signed by Representatives MacLean and Larson, Co-               
chairs, with the following individual recommendations:                         
                                                                               
Do pass (9):  MacLean, Larson, Hanley, Parnell, Grussendorf, Navarre,          
Brown, Therriault, Foster                                                      
                                                                               
No recommendation (1):  Martin                                                 
                                                                               
The following fiscal notes apply to CSHB 447(FIN):                             
                                                                               
Zero fiscal note, House Finance Committee/Dept. of Natural                     
Resources, 4/15/94                                                             
Zero fiscal note, Dept. of Law, 2/4/94                                         
Zero fiscal note, Dept. of Public Safety, 2/4/94                               
                                                                               

1994-04-15                     House Journal                      Page 3462
HB 447                                                                       
HB 447 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 544                                                                       
The Transportation Committee has considered:                                   
                                                                               
HOUSE BILL NO. 544                                                            
"An Act relating to the tax on transfers and consumption of                   
aviation fuel; and providing for an effective date."                           
                                                                               
The report was signed by Representative Foster, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (3):  Hudson, Foster, Menard                                           
                                                                               
Do not pass (1):  Vezey                                                        
                                                                               
No recommendation (2):  G.Davis, Mulder                                        
                                                                               
The following fiscal notes apply to HB 544:                                    
                                                                               
Fiscal note, Dept. of Revenue, 4/15/94                                         
Zero fiscal note, Dept. of Transportation & Public Facilities, 4/15/94         
                                                                               
HB 544 was referred to the State Affairs Committee.                            
                                                                               
                                                                               
HB 545                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 545                                                            
"An Act including marital and family therapists as providers                  
protected from unfair discrimination under group disability                    
insurance; and providing for an effective date."                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 545(L&C)                                                
	(same title)                                                                  
                                                                               

1994-04-15                     House Journal                      Page 3463
HB 545                                                                       
The report was signed by Representative Hudson, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (1):  Hudson                                                           
                                                                               
No recommendation (4):  Porter, Mackie, Mulder, Green                          
                                                                               
The following fiscal note applies to CSHB 545(L&C):                            
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development,                    
4/15/94                                                                        
                                                                               
HB 545 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
SB 225                                                                       
The Finance Committee has considered:                                          
                                                                               
CS FOR SENATE BILL NO. 225(HES)                                               
"An Act relating to credits against certain insurance taxes for               
contributions to certain educational institutions; and providing for           
an effective date."                                                            
                                                                               
The report was signed by Representatives Larson and MacLean, Co-               
chairs, with the following individual recommendations:                         
                                                                               
Do pass (6):  MacLean, Martin, Grussendorf, Hoffman, Navarre, Foster           
                                                                               
No recommendation (5):  Larson, Hanley, Parnell, Brown, Therriault             
                                                                               
The following fiscal note applies to CSSB 225(HES):                            
                                                                               
Senate fiscal note, Dept. of Commerce & Economic Development,                  
2/4/94                                                                         
Senate zero fiscal note, Dept. of Revenue, 2/4/94                              
                                                                               
CSSB 225(HES) was referred to the Rules Committee for placement                
on the calendar.                                                               
                                                                               

1994-04-15                     House Journal                      Page 3464
SB 266                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
CS FOR SENATE BILL NO. 266(L&C)                                               
"An Act extending the termination date of the Board of Certified              
Direct-Entry Midwives."                                                        
                                                                               
The report was signed by Representative Toohey, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (5):  Toohey, B.Davis, Nicholia, Brice, Bunde                          
                                                                               
No recommendation (3):  Vezey, G.Davis, Kott                                   
                                                                               
The following fiscal note applies to CSSB 266(L&C):                            
                                                                               
Senate zero fiscal note, Senate Labor & Commerce Committee/Dept.               
of Commerce & Economic Development, 3/16/94                                    
                                                                               
CSSB 266(L&C) was referred to the Rules Committee for placement                
on the calendar.                                                               
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Dr. Jerry Prevo                                                     
By Representative B.Davis                                                      
                                                                               
Honoring - Edward J. Wesley, 1993 NBCSL "Nation Builder" Award                 
By Representative B.Davis                                                      
                                                                               
Honoring - Rev. William Greene                                                 
By Representative B.Davis                                                      
                                                                               
Honoring - Lillie M. Howard                                                    
By Representative B.Davis                                                      
                                                                               
Honoring - Anchorage Legal Secretaries Association                             
By Representative Willis; Senators Halford, Phillips                           

1994-04-15                     House Journal                      Page 3465
Honoring - Yukon-Koyukuk Mental Health and Alcohol Program                     
Counselors                                                                     
By Representative Nicholia; Senator Lincoln                                    
                                                                               
Honoring - Shannon Johnson                                                     
By Representatives Nicholia, Toohey; Senator Lincoln                           
                                                                               
Honoring - Captain Thomas J. Barrett                                           
By Senator Zharoff; Representative Davidson                                    
                                                                               
Honoring - Michael Vaughn and the KTNA Volunteers                              
By Senator Kerttula                                                            
                                                                               
In Memoriam - O.F. "Ben" Benecke                                               
By Representatives Hudson, Ulmer; Senator Duncan                               
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 47                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 47                                                             
"An Act relating to the delivery of the primary ballots to persons            
making application for them when, by operation of political party              
rule, two or more primary ballots must be provided to the public."             
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  CS(STA) NEW TITLE  3DP 4NR                               540         
	-FISCAL NOTE  (GOV)  3/5/93                                       540         
	JUD RPT  CS(JUD) NEW TITLE  5DP 1NR                              3119         
	-FISCAL NOTE (GOV) 4/5/94                                        3119         
	FIN RPT  CS(FIN) NEW TITLE 2DP 5NR 2AM                           3425         
	-ZERO FISCAL NOTE (GOV) 4/14/94                                  3426         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               

1994-04-15                     House Journal                      Page 3466
HB 47                                                                        
CS FOR HOUSE BILL NO. 47(FIN)                                                 
"An Act relating to primary elections and to the delivery of the              
primary ballots to persons making application for them when, by                
operation of political party rule, two or more primary ballots must            
be provided to the public; preventing a voter from changing the                
voter's party affiliation within 30 days of a primary election when            
two or more primary ballots must be provided to the public; and                
annulling a related regulation; and providing for an effective date."          
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 47(FIN) be considered engrossed, advanced to third reading and            
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
                                                                               
CSHB 47(FIN) was read the third time.                                          
                                                                               
                                                                               
The question being:  "Shall CSHB 47(FIN) pass the House?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 47(FIN)                                                                   
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                              
                                                                               
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard,                  
Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips,         
Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams                   
                                                                               
                                                                               
Excused:  Hoffman, Ulmer, Willis                                               
                                                                               
                                                                               
And so, CSHB 47(FIN) passed the House.                                         
                                                                               

1994-04-15                     House Journal                      Page 3467
HB 47                                                                        
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.           
                                                                               
CSHB 47(FIN) was referred to the Chief Clerk for engrossment.                  
                                                                               
                                                                               
HB 301                                                                       
The following was read the second time:                                        
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 301                                     
"An Act prohibiting the sale of certain studded tires or the sale of          
certain studs to be installed in tires; and providing for an effective         
date."                                                                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	TRA RPT  1DP 1NR 2AM                                             2927         
	-FISCAL NOTE (DOT) 3/23/94                                       2927         
	L&C RPT  CSSS(L&C)  3DP 2NR                                      3152         
	-PREVIOUS FISCAL NOTE (DOT) 3/23/94                              3152         
	FIN RPT  CSSS(L&C) 6DP 4NR                                       3230         
	-FISCAL NOTE (DOT) 4/11/94                                       3230         
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
301(L&C)                                                                       
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSSSHB 301(L&C) be considered engrossed, advanced to third                     
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
CSSSHB 301(L&C) was read the third time.                                       
                                                                               

1994-04-15                     House Journal                      Page 3468
HB 301                                                                       
The question being:  "Shall CSSSHB 301(L&C) pass the House?"  The              
roll was taken with the following result:                                      
                                                                               
CSSSHB 301(L&C)                                                                
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  3   ABSENT:  1                              
                                                                               
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, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter,        
Sanders, Sitton, Therriault, Toohey, Vezey, Williams                           
                                                                               
Excused:  Hoffman, Ulmer, Willis                                               
                                                                               
Absent:  Davidson                                                              
                                                                               
And so, CSSSHB 301(L&C) passed the House.                                      
                                                                               
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.           
                                                                               
CSSSHB 301(L&C) was referred to the Chief Clerk for engrossment.               
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber    upon at ease, 4/15         
                                                                               
                                                                               
The Speaker stated that the House would stand at ease until 12:30 a.m.         
And so, the House stood at ease at 11:18 a.m.                                  
                                                                               
                                                                               
                                AFTER AT EASE                                
                                                                               
The Speaker called the House back to order at 12:49 p.m.                       

1994-04-15                     House Journal                      Page 3469
                        SECOND READING OF HOUSE BILLS                        
                                  (continued)                                  
                                                                               
HB 351                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 351                                                            
"An Act relating to the issuance of permits for the carrying of a             
concealed weapon."                                                             
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  CS(STA) NEW TITLE  5DP 1NR                              2573         
	-FISCAL NOTE (H.STA FOR DPS) 3/2/94                              2573         
	JUD RPT  CS(JUD) NEW TITLE  3DP 4NR                              2964         
	-FISCAL NOTE (DPS) 3/25/94                                       2964         
	-ZERO FISCAL NOTE (LAW) 3/25/94                                  2964         
	FIN RPT  CS(FIN) NEW TITLE 6DP 1DNP 3NR                          3369         
	-FISCAL NOTE (GOV) 4/12/94                                       3369         
	-PREVIOUS FISCAL NOTE (DPS) 3/25/94                              3369         
	-PREVIOUS ZERO FISCAL NOTE (LAW) 3/25/94                         3369         
                                                                               
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. 351(FIN)                                                
"An Act relating to permits for the carrying of a concealed                   
handgun; providing for local option elections in municipalities and            
established villages to prohibit the possession of a concealed                 
handgun under a permit; and relating to the possession of                      
weapons."                                                                      
                                                                               
Representative Vezey objected.                                                 
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber    upon at ease, 4/15         
                                                                               
                                                                               
The House stood at ease at 12:52 p.m.                                          
                                                                               

1994-04-15                     House Journal                      Page 3470
                                AFTER AT EASE                                
                                                                               
The House was called back to order at 1:18 p.m.                                
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                  (continued)                                  
HB 351                                                                       
Representative Vezey did not maintain the objection, and so, CSHB
351(FIN) was adopted.                                                          
                                                                               
Amendment No. 1 was offered  by Representative Sitton:                          
                                                                               
Page 11, line 12:                                                              
                                                                               
	Delete "not"                                                                  
                                                                               
Page 11, line 13:                                                              
                                                                               
	Delete "and may only be used for law enforcement purposes"                    
                                                                               
Representative Sitton moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Kott objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 351(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  9   NAYS:  23   EXCUSED:  3   ABSENT:  5                              
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Mackie, Mulder, Olberg, Sitton,          
Vezey                                                                          
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, MacLean, Martin, Moses, Navarre,                  
Nicholia, Parnell, Phillips, Porter, Sanders, Therriault, Toohey,              
Williams                                                                       

1994-04-15                     House Journal                      Page 3471
HB 351                                                                       
Excused:  Hoffman, Ulmer, Willis                                               
                                                                               
Absent:  Carney, Davidson, Finkelstein, Menard, Nordlund                       
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
Amendment No. 2 was offered  by Representative Brown:                           
                                                                               
Page 10, after line 12:                                                        
	Insert a new paragraph to read:                                               
		"(8)  or on premises or a propelled vehicle where notice                    
that carrying a concealed handgun is prohibited has been given by              
the posting of a conspicuous notice; in this paragraph, the                    
requirement for posting of a conspicuous notice is satisfied if the            
notice is                                                                      
		(A)  printed legibly in English;                                           
		(B)  at least 144 square inches in size;                                   
		(C)  contains the name and address of the person                           
under whose authority the notice is posted; and                                
		(D)  posted at each entrance to the premises or the                        
propelled vehicle."                                                            
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
Representative Mackie placed a call of the House.                              
                                                                               
The call was satisfied.                                                        
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 351(FIN)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  13   NAYS:  24   EXCUSED:  3   ABSENT:  0                             

1994-04-15                     House Journal                      Page 3472
HB 351                                                                       
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Mackie, MacLean, Navarre, Nicholia, Nordlund, Sitton                           
                                                                               
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder, Olberg,            
Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams        
                                                                               
Excused:  Hoffman, Ulmer, Willis                                               
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Sitton:                          
                                                                               
Page 10, following line 14:                                                    
	Insert a new paragraph to read:                                               
		"(9)  a retail establishment;"                                              
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
Representative Sitton 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 351(FIN)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  13   NAYS:  24   EXCUSED:  3   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Mackie, MacLean, Navarre, Nicholia, Olberg, Sitton                             
                                                                               

1994-04-15                     House Journal                      Page 3473
HB 351                                                                       
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder,                    
Nordlund, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey,       
Williams                                                                       
                                                                               
Excused:  Hoffman, Ulmer, Willis                                               
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
Amendment No. 4 was offered  by Representative Porter:                          
                                                                               
Page 12, line 23:                                                              
	Delete "7 out of 10 shots"                                                    
                                                                               
Page 12, line 24, following "target":                                          
	Insert "(A) seven out of 10 shots"                                            
                                                                               
Page 12, following line 24:                                                    
	Insert new subparagraphs to read:                                             
		"(B) six out of 10 shots at 15 yards; and                                  
		(C) five out of 10 shots at 20 yards;"                                     
                                                                               
Amendment to Amendment No. 4 was offered  by Representative                     
Porter:                                                                        
                                                                               
Delete new subparagraph (C)                                                   
Add "and" after "shots" in subparagraph (A)                                   
Delete "and" after "yards" in subparagraph (B)                                
                                                                               
Representative Porter moved and asked unanimous consent that the               
amendment to Amendment No. 4 be adopted.  There being no                       
objection, it was so ordered.                                                  
                                                                               
Representative Porter moved and asked unanimous consent that                   
Amendment No. 4 as amended be adopted.                                         
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 4 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               

1994-04-15                     House Journal                      Page 3474
HB 351                                                                       
                                                                               
CSHB 351(FIN)                                                                  
Second Reading                                                                 
Amendment No. 4 as amended                                                     
                                                                               
                                                                               
YEAS:  24   NAYS:  13   EXCUSED:  3   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis,               
Finkelstein, Green, Grussendorf, Hanley, Hudson, James, Larson,                
Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia,                     
Nordlund, Porter, Sitton                                                       
                                                                               
Nays:  Barnes, Bunde, Foster, Kott, Martin, Olberg, Parnell, Phillips,         
Sanders, Therriault, Toohey, Vezey, Williams                                   
                                                                               
Excused:  Hoffman, Ulmer, Willis                                               
                                                                               
Williams changed from "Yea" to "Nay".                                          
Davies changed from "Nay" to "Yea".                                            
Parnell changed from "Yea" to "Nay".                                           
                                                                               
And so, Amendment No. 4 as amended was adopted.                                
                                                                               
                                                                               
Amendment No. 5 was offered  by Representative Brice:                           
                                                                               
Page 4, line 13:                                                               
                                                                               
	Delete "five"                                                                 
	Insert "15"                                                                   
                                                                               
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 5 be adopted.                                                    
                                                                               
                                                                               
Representative Phillips objected.                                              
                                                                               

1994-04-15                     House Journal                      Page 3475
HB 351                                                                       
Amendment to Amendment No. 5 was offered  by Representative Brice:              
                                                                               
Add:                                                                           
                                                                               
"Page 4, line 17:                                                             
                                                                               
Delete "five"                                                                
Insert "15"                                                                  
                                                                               
Representative Brice moved and asked unanimous consent that the                
amendment to Amendment No. 5 be adopted.  There being no                       
objection, it was so ordered.                                                  
                                                                               
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 5 as amended be adopted.                                         
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  "Shall Amendment No. 5 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               
                                                                               
CSHB 351(FIN) am                                                               
Second Reading                                                                 
Amendment No. 5 as amended                                                     
                                                                               
YEAS:  12   NAYS:  25   EXCUSED:  3   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Carney, Davies, B.Davis, Finkelstein, Foster,             
Mackie, MacLean, Nordlund, Olberg, Sitton                                      
                                                                               
                                                                               
Nays:  Barnes, Bunde, Davidson, G.Davis, Green, Grussendorf,                   
Hanley, Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder,            
Navarre, Nicholia, Parnell, Phillips, Porter, Sanders, Therriault,             
Toohey, Vezey, Williams                                                        
                                                                               

1994-04-15                     House Journal                      Page 3476
HB 351                                                                       
Excused:  Hoffman, Ulmer, Willis                                               
                                                                               
And so, Amendment No. 5 as amended was not adopted.                            
                                                                               
                                                                               
Amendment No. 6 was offered  by Representative Davies:                          
                                                                               
Page 1, line 3, following "to the possession" (title amendment):             
	Insert "and regulation"                                                     
                                                                               
Page 2, following line 14:                                                     
	Insert new bill sections to read:                                             
   "* Sec. 4.  AS11.61 is amended by adding new sections to read:            
	Sec. 11.61.260. CRIMINALLY NEGLIGENT STORAGE OF                              
A FIREARM IN THE FIRST DEGREE.  (a)  A person commits                          
the crime of criminally negligent storage of a firearm in the first            
degree if the person with criminal negligence keeps a loaded                   
firearm within premises under the person's custody or control and              
the person knows or reasonably should know that a minor under                  
the age of 16 is likely to gain access to the firearm without the              
permission of the minor's parent or legal guardian, a minor obtains            
the firearm, and death or serious physical injury to the minor or to           
another person results from the minor's having obtained the                    
firearm.                                                                       
	(b)  For the purposes of this section, a firearm is loaded if the            
firing chamber, magazine, clip, or cylinder of the firearm contains            
a cartridge.                                                                   
	(c)  Criminally negligent storage of a firearm is a class A                  
misdemeanor.                                                                   
                                                                               
	Sec. 11.61.270. CRIMINALLY NEGLIGENT STORAGE OF                              
A FIREARM IN THE SECOND DEGREE.  (a)  A person                                 
commits the crime of criminally negligent storage of a firearm in              
the second degree if the person with criminal negligence keeps a               
loaded firearm within premises under the person's custody or                   
control and the person knows or reasonably should know that a                  
minor under the age of 16 is likely to gain access to the firearm              
without the permission of the minor's parent or legal guardian, a              
minor obtains the firearm, and                                                 
		(1)  the minor exhibits the firearm in a public place;                      
                                                                               

1994-04-15                     House Journal                      Page 3477
HB 351                                                                       
		(2)  the minor violates AS11.41.220(a)(1) or                                
AS11.61.220(a)(4) as a result of obtaining the firearm; or                     
		(3)  physical injury to the minor or to another person                      
results from the minor's having obtained the firearm.                          
	(b)  For purposes of this section, a firearm is loaded if the                
firing chamber, magazine, clip, or cylinder of the firearm contains            
a cartridge.                                                                   
	(c)  Criminally negligent storage of a firearm in the second                 
degree is a class B misdemeanor.                                               
	Sec. 11.61.280. DEFENSES TO CRIMINALLY NEGLIGENT                             
STORAGE OF A FIREARM; PROSECUTORIAL                                            
CONSIDERATION.  (a)  In a prosecution under AS11.61.260 or                     
11.61.270, it is a defense that                                                
		(1)  the minor obtained the firearm as a result of an illegal               
entry to any premises by the minor or another person;                          
		(2)  the firearm is kept in a locked container or in a                      
location that a reasonable person would believe to be secure;                  
		(3)  the firearm was equipped with a trigger lock, gun                      
lock, or other locking device that was engaged so that the firearm             
could not be fired;                                                            
		(4)  the firearm is carried on the person or within such                    
close proximity that the person can readily retrieve and use the               
firearm as if carried on the person;                                           
		(5)  the minor obtains the firearm in a lawful act of self-                 
defense or defense of another person; or                                       
		(6)  the physical injury, serious physical injury, or death                 
resulted from an accident that was incident to lawful target                   
shooting, sport shooting, or hunting.                                          
                                                                               
	(b)  The provisions of AS11.61.260 or 11.61.270 do not apply                 
to a peace officer or member of the armed forces acting within the             
scope and authority of the officer's or member's employment.                   
                                                                               
	(c)  In deciding whether to prosecute a person for violation of              
AS11.61.260 or 11.61.270, the district attorney shall consider the             
effect the minor's injury or death has on the person.                          
   * Sec. 5.  AS12.25 is amended by adding a new section to read:            
	Sec. 12.25.015. ARREST OF PERSONS FOR CRIMINALLY                             
NEGLIGENT STORAGE OF FIREARMS.  Notwithstanding any                            
other provision of law,                                                        
                                                                               

1994-04-15                     House Journal                      Page 3478
HB 351                                                                       
		(1)  a peace officer may not arrest, nor may a court order                  
the arrest of, a person for violating AS11.61.260 or 11.61.270 if              
the person is the parent or legal guardian of a minor who is                   
injured or killed after obtaining a firearm, until at least seven days         
have elapsed from the date of the incident resulting in injury or              
death;                                                                         
		(2)  before arresting a person for violating AS11.61.260                    
or 11.61.270, if the person is the parent or legal guardian of a               
minor that has suffered serious physical injury, the peace officer             
shall consider the condition of the minor and the need for the                 
parent or legal guardian to be with the minor while the minor is               
on life-support equipment or is in a similarly critical medical                
condition."                                                                    
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 6 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following member be excused from a call of the House as noted:                 
                                                                               
Representative B.Davis - after 2:15 p.m., for the remainder of the day         
for medical reasons.                                                           
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                  (continued)                                  
                                                                               
HB 351                                                                       
The question being:  "Shall Amendment No. 6 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               

1994-04-15                     House Journal                      Page 3479
HB 351                                                                       
                                                                               
CSHB 351(FIN) am                                                               
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  13   NAYS:  23   EXCUSED:  4   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Bunde, Carney, Davidson, Davies, Finkelstein,             
Grussendorf, Larson, Navarre, Nicholia, Nordlund, Sitton                       
                                                                               
                                                                               
Nays:  Barnes, G.Davis, Foster, Green, Hanley, Hudson, James, Kott,            
Mackie, MacLean, Martin, Menard, Moses, Mulder, Olberg, Parnell,               
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 7 was offered  by Representative Davies:                          
                                                                               
Page 10, following line 14:                                                    
                                                                               
	Insert a new paragraph to read:                                               
		"(9)  a financial institution; in this paragraph, "financial                
institution" means a bank, savings bank, savings association, credit           
union, or other institution regulated by the Department of                     
Commerce and Economic Development under AS06;"                                 
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 7 be adopted.                                                    
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
Amendment No. 7 was adopted.                                                   

1994-04-15                     House Journal                      Page 3480
HB 351                                                                       
Amendment No. 8 was offered  by Representative Davies:                          
                                                                               
Page 1, line 4, after "weapons" (title amendment):                           
	Insert "; and providing for an effective date"                              
	                                                                              
Page 2, following line 4:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 2.  AS 11.61.220(b) is repealed and reenacted to read:            
	(b)  In a prosecution under (a)(1) of this section, it is an                 
affirmative defense that the defendant, at the time of possession,             
was                                                                            
		(1)  in the defendant's dwelling or on land owned or                        
leased by the defendant appurtenant to the dwelling; or                        
		(2)  actually engaged in lawful hunting, fishing, trapping,                 
or other lawful outdoor activity that necessarily involves the                 
carrying of a weapon for personal protection."                                 
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 13, following line 4:                                                     
	Insert new bill sections to read:                                             
  "* Sec. 6.  AS18.65.700 - 18.65.790 are repealed June 30, 1998.            
   * Sec. 7.  Section 2 of this Act takes effect July 1, 1998."              
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 8 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 8 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 351(FIN) am                                                               
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  7   NAYS:  29   EXCUSED:  4   ABSENT:  0                              
                                                                               
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, Finkelstein, Sitton             
                                                                               

1994-04-15                     House Journal                      Page 3481
HB 351                                                                       
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard,                  
Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips,         
Porter, Sanders, Therriault, Toohey, Vezey, Williams                           
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
Nordlund changed from "Yea" to "Nay".                                          
Mackie changed from "Yea" to "Nay".                                            
Nicholia changed from "Yea" to "Nay".                                          
                                                                               
And so, Amendment No. 8 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 9 was offered  by Representative Davies:                          
                                                                               
Page 13, following line 4:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 5.  Notwithstanding AS18.65.780 - 18.65.790, added by sec.        
4 of this Act, a municipality shall, within one year of the effective date     
of this Act, place before the voters of the municipality the question set      
out in AS18.65.780.  A petition under AS18.65.785, added by sec.               
4 of this Act, is not required for the question to be placed before the        
voters."                                                                       
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 9 be adopted.                                                    
                                                                               
                                                                               
Representative Phillips objected.                                              
                                                                               
The question being:  "Shall Amendment No. 9 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 351(FIN) am                                                               
Second Reading                                                                 
Amendment No. 9                                                                
                                                                               
YEAS:  10   NAYS:  26   EXCUSED:  4   ABSENT:  0                             
                                                                               

1994-04-15                     House Journal                      Page 3482
HB 351                                                                       
Yeas:  Brice, Brown, Davidson, Davies, Finkelstein, Mackie, Navarre,           
Nicholia, Nordlund, Sitton                                                     
                                                                               
Nays:  Barnes, Bunde, Carney, G.Davis, Foster, Green, Grussendorf,             
Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Menard,                  
Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault,         
Toohey, Vezey, Williams                                                        
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
And so, Amendment No. 9 was not adopted.                                       
                                                                               
                                                                               
Amendment Nos. 10 and 11 were not offered.                                     
                                                                               
                                                                               
Amendment No. 12 was offered  by Representative Nordlund:                       
                                                                               
Page 2, following line 28:                                                     
	Insert a new paragraph to read:                                               
		"(6)  submits proof of liability insurance as required under                
AS18.65.718;"                                                                  
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
                                                                               
Page 6, following line 29:                                                     
	Insert a new section to read:                                                 
	"Sec. 18.65.718.  MANDATORY LIABILITY INSURANCE.                             
Before the issuance or renewal of a permit under AS18.65.700 -                 
18.65.790, the applicant or permittee must provide to the                      
department evidence that the applicant or permittee has obtained               
liability insurance in the amount of $125,000.  The insurance must             
insure the applicant or permittee against loss from the liability              
imposed by law for damages arising from the applicant's or                     
permittee's carrying and use of the concealed handgun.  The                    
insurance required under this section must be maintained                       
throughout the period that a permittee possesses a permit for the              
carrying of a concealed handgun."                                              
                                                                               

1994-04-15                     House Journal                      Page 3483
HB 351                                                                       
Page 7, following line 13:                                                     
	Insert a new paragraph to read:                                               
		"(4)  proof of liability insurance as required under                        
AS18.65.718;"                                                                  
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
Page 8, lines 7 - 8:                                                           
	Delete "handgun or"                                                           
Insert "handgun,"                                                             
                                                                               
Page 8, line 8, following "AS 25.35.010 - 25.35.020":                          
	Insert ", or fails to maintain liability insurance as required under          
AS18.65.718"                                                                   
                                                                               
Page 8, line 11, following "charged,":                                         
	Insert "the department has been notified that insurance required              
under AS18.65.718 is in effect,"                                               
                                                                               
Page 9, line 14, following "PERMIT":                                           
	Insert "; MAINTENANCE AND PROOF OF INSURANCE"                                 
                                                                               
Page 9, following line 17:                                                     
	Insert a new subsection to read:                                              
	"(b)  A permittee shall maintain liability insurance as required             
under AS18.65.718.  A permittee shall carry proof of insurance                 
at all times the permittee carries a concealed handgun.  The                   
permittee shall display the proof of insurance when asked to do so             
by a peace officer at any time."                                               
                                                                               
                                                                               
Reletter the following subsections accordingly.                                
                                                                               
Page 9, line 27:                                                               
	Delete "(a) or (b)"                                                           
	Insert "(a), (b), or (c)"                                                     
                                                                               
Page 9, line 29:                                                               
	Delete "(c)"                                                                  
	Insert "(d)"                                                                  
                                                                               

1994-04-15                     House Journal                      Page 3484
HB 351                                                                       
Representative Nordlund moved and asked unanimous consent that                 
Amendment No. 12 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 12 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 351(FIN) am                                                               
Second Reading                                                                 
Amendment No. 12                                                               
                                                                               
YEAS:  7   NAYS:  29   EXCUSED:  4   ABSENT:  0                              
                                                                               
                                                                               
Yeas:  Brice, Brown, Davidson, Davies, Finkelstein, Menard, Nordlund           
                                                                               
Nays:  Barnes, Bunde, Carney, G.Davis, Foster, Green, Grussendorf,             
Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin,                  
Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter,           
Sanders, Sitton, Therriault, Toohey, Vezey, Williams                           
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
And so, Amendment No. 12 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 13 was offered  by Representative MacLean:                        
                                                                               
Page 1, line 4, after "weapons" (title amendment):                           
                                                                               
Insert "; and providing for an effective date"                              
                                                                               
Page 13, following line 4:                                                     
                                                                               
Insert "*Sec. 5.  AS 18.65.780 - 18.65.790, added by sec. 4 of this         
Act, takes effect imediately.                                                  
                                                                               
*Sec. 6.  Except as provided in sec. 5 of this Act, this Act takes          
effect January 1, 1995."                                                       
                                                                               

1994-04-15                     House Journal                      Page 3485
HB 351                                                                       
Representative MacLean moved and asked unanimous consent that                  
Amendendment No. 13 be adopted.                                                
                                                                               
Representative Vezey objected and withdrew the objection.  There               
being no further objection, Amendment No. 13 was adopted and the               
new title appears below:                                                       
                                                                               
CS FOR HOUSE BILL NO. 351(FIN) am (efd add)                                   
"An Act relating to permits for the carrying of a concealed                   
handgun; providing for local option elections in municipalities and            
established villages to prohibit the possession of a concealed                 
handgun under a permit; and relating to the possession of                      
weapons; and providing for an effective date."                                 
                                                                               
                                                                               
Amendment No. 14 was offered  by Representative Davies:                         
                                                                               
Page  4, line 8:                                                               
	Delete "18.65.760"                                                            
	Insert "18.65.756, 18.65.758, 18.65.763"                                      
                                                                               
Page 10, line 21:                                                              
	Delete "Sec. 18.65.760"                                                       
	Insert new material to read:                                                  
	"Sec. 18.65.756.  POSSESSION OF A CONCEALED                                  
HANDGUN WHILE UNDER THE INFLUENCE OF ALCOHOL                                   
OR A CONTROLLED SUBSTANCE.  (a)  A person who is a                             
holder of a permit issued under AS18.65.700 - 18.65.790 commits                
the crime of carrying a concealed handgun while intoxicated if the             
person carries a concealed handgun                                             
                                                                               
		(1)  while under the influence of intoxicating liquor, or                   
any controlled substance;                                                      
		(2)  when, as determined by a chemical test taken within                    
four hours after the alleged offense was committed, there is 0.08              
percent or more by weight of alcohol in the person's blood or 80               
milligrams or more of alcohol per 100 milliliters of blood, or when            
there is 0.08 grams or more of alcohol per 210 liters of the                   
person's breath; or                                                            
		(3)  while the person is under the combined influence of                    
intoxicating liquor and a controlled substance.                                

1994-04-15                     House Journal                      Page 3486
HB 351                                                                       
	(b)  Carrying a concealed handgun while intoxicated is a class               
A misdemeanor. Upon conviction                                                 
                                                                               
		(1)   the court shall impose a minimum sentence of                          
imprisonment of                                                                
		(A)  not less than 72 consecutive hours and a fine of                      
not less than $250 if the person has not been previously                       
convicted;                                                                     
		(B)  not less than 20 days and a fine of not less than                     
$500 if the person has been previously convicted once;                         
		(C)  not less than 60 days and a fine of not less than                     
$1,000 if the person has been previously convicted twice;                      
		(D)  not less than 120 days and a fine of not less than                    
$2,000 if the person has been previously convicted three                       
times;                                                                         
		(E)  not less than 240 days and a fine of not less than                    
$3,000 if the person has been previously convicted four times;                 
		(F)  not less than 360 days and a fine of not less than                    
$4,000 if the person has been previously convicted more than                   
four times;                                                                    
		(2)  the court may not                                                      
		(A)  suspend execution of sentence or grant probation                      
except on condition that the person serve the minimum                          
imprisonment under (1)  of this subsection;                                    
		(B)  suspend imposition of sentence;                                       
		(3)  the court shall revoke the person's permit to carry a                  
concealed handgun, and may order the handgun that was carried                  
in violation of this section to be forfeited under AS18.65.761.                
	(c)  Except as prohibited by federal law or regulation, every                
provider of treatment programs to which persons are ordered under              
this section shall supply the Alaska court system with the                     
information regarding the condition and treatment of those persons             
as the supreme court may require by rule. Information compiled                 
under this subsection is confidential and may only be used by a                
court in sentencing a person convicted under this section, or by an            
officer of the court in preparing a presentence report for the use of          
the court in sentencing a person convicted under this section.                 
	(d)  A person who is sentenced to imprisonment for 72                        
consecutive hours upon a first conviction under this section and               
who is not released from imprisonment after 72 hours may not                   
                                                                               

1994-04-15                     House Journal                      Page 3487
HB 351                                                                     
bring an action against the state or a municipality or its agents,            
officers, or employees for damages resulting from the additional               
period of confinement if                                                       
		(1)  the employee or employees who released the person                      
exercised due care and, in releasing the person, followed the                  
standard release procedures of the prison facility; and                        
		(2)  the additional period of confinement did not exceed                    
12 hours.                                                                      
                                                                               
	(e)  The court shall order a person convicted under this section             
to satisfy the screening, evaluation, referral, and program                    
requirements of an agency authorized by the court to make                      
referrals for rehabilitative treatment or to provide rehabilitative            
treatment.                                                                     
	(f)  A program of inpatient treatment may be required by the                 
authorized agency under (e) of this section only if authorized in              
the judgment, and may not exceed the maximum term of inpatient                 
treatment specified in the judgment. A person who has been                     
referred for inpatient treatment under this subsection may make a              
written request to the sentencing court asking the court to review             
the referral.  The request for review shall be made within seven               
days of the agency's referral, and shall specifically set out the              
grounds upon which the request for review is based.  The court                 
may order a hearing on the request for review.                                 
	(g)  If a person fails to satisfy the requirements of an                     
authorized agency under (f) of this section, the court                         
		(1)  may impose any portion of a suspended sentence;                        
		(2)  may punish the failure as contempt of the authority                    
of the court under AS09.50.010 or as a violation of a condition                
of probation; and                                                              
		(3)  shall order the revocation or suspension of the                        
person's permit to carry a concealed handgun until the                         
requirements are satisfied.                                                    
                                                                               
	(h)  Imprisonment required under (b)(1)(A) or (B) of this                    
section shall be served at a community residential center or, if a             
community residential center is not available, at another                      
appropriate place determined by the commissioner of corrections.               
The cost of imprisonment resulting from the sentence imposed                   
under (b)(1) of this section shall be paid to the state by the person          
                                                                               

1994-04-15                     House Journal                      Page 3488
HB 351                                                                       
being sentenced provided, however, that the cost of imprisonment              
required to be paid under this subsection may not exceed $1,000.               
Upon the person's conviction, the court shall include the costs of             
imprisonment as a part of the judgment of conviction.  Except for              
reimbursement from a permanent fund dividend as provided in this               
subsection, payment of the cost of imprisonment is not required if             
the court determines the person is indigent. For costs of                      
imprisonment that are not paid by the person as required by this               
subsection, the state shall seek reimbursement from the person's               
permanent fund dividend as provided under AS43.23.065.  While                  
at the community residential center or other appropriate place, a              
person sentenced under (b)(1)(A) of this section shall perform at              
least 24 hours of community service work and a person sentenced                
under (b)(1)(B) of this section shall perform at least 160 hours of            
community service work, as required by the director of the                     
community residential center or other appropriate place. In this               
subsection, "appropriate place" means a facility with 24-hour                  
on-site staff supervision that is specifically adapted to provide a            
residence, and includes a correctional center, residential treatment           
facility, hospital, halfway house, group home, work farm, work                 
camp, or other place that provides varying levels of restriction.              
	(i)  The commissioner of corrections shall determine and                     
prescribe by regulation a uniform average cost of imprisonment for             
the purpose of determining the cost of imprisonment required to                
be paid under (h) of this section by a convicted person.                       
	(j)  In this section,                                                        
                                                                               
		(1)  "controlled substance" has the meaning given in                        
AS28.33.190;                                                                   
                                                                               
		(2)  "previously convicted" means having been convicted                     
in this or another jurisdiction, within 10 years preceding the date            
of the present offense, of any of the following offenses, or of                
another law or ordinance with substantially similar elements;                  
however, convictions for any of these offenses, if arising out of a            
single transaction and a single arrest, are considered one previous            
conviction:                                                                    
                                                                               
		(A)  carrying a concealed handgun in violation of this                     
section; or                                                                    
                                                                               

1994-04-15                     House Journal                      Page 3489
HB 351                                                                       
		(B)  refusal to submit to a chemical test in violation                     
of AS18.65.758.                                                                
                                                                               
	Sec. 18.65.757.  IMPLIED CONSENT.  (a)  A person who is                      
the holder of a permit issued under AS18.65.700 - 18.65.790 and                
who carries a concealed handgun in this state shall be considered              
to have given consent to a chemical test or tests of the person's              
breath for the purpose of determining the alcoholic content of the             
person's blood or breath if lawfully arrested for an offense arising           
out of acts alleged to have been committed while the person was                
carrying the concealed handgun.  The test or tests shall be                    
administered at the direction of a law enforcement officer who has             
reasonable grounds to believe that the person was carrying a                   
concealed handgun while intoxicated.                                           
	(b)  A person who is the holder of a permit issued under                     
AS18.65.700 - 18.65.790 and who carries a concealed handgun in                 
this state shall be considered to have given consent to a                      
preliminary breath test for the purpose of determining the alcoholic           
content of the person's blood or breath.  A law enforcement                    
officer may administer a preliminary breath test at the scene of an            
incident involving a concealed handgun if the officer has                      
reasonable grounds to believe that a person's ability to use the               
handgun safely is impaired by the ingestion of alcoholic beverages             
and that the person                                                            
		(1)  was involved in a shooting incident involving a                        
concealed handgun that the person was carrying;                                
		(2)  unlawfully used the handgun; in this paragraph,                        
"unlawfully" means in violation of any federal, state, or municipal            
statute, regulation, or ordinance, except for violations that do not           
provide reason to believe that the operator's ability to use the               
handgun safely was impaired by the ingestion of alcoholic                      
beverages; or                                                                  
		(3)  possessed the handgun while committing a violation                     
of AS11 or AS18.65.700 - 18.65.790.                                            
                                                                               
	(c)  Before administering a preliminary breath test under (b)                
of this section, the officer shall advise the person that refusal may          
be used against the person in a civil or criminal action arising out           
of the incident and that refusal is an infraction.  If the person              
refuses to submit to the test, the test may not be administered.               
                                                                               

1994-04-15                     House Journal                      Page 3490
HB 351                                                                       
	(d)  The result of the test under (b) of this section may be                 
used by the law enforcement officer to determine whether the                   
driver or operator should be arrested.                                         
                                                                               
	(e)  Refusal to submit to a preliminary breath test at the                   
request of a law enforcement officer is an infraction that may be              
punished by a fine of not more than $300.                                      
	(f)  The preliminary breath test authorized by (b) of this                   
section is in addition to any tests authorized under (a) of this               
section.                                                                       
	Sec. 18.65.758.  REFUSAL TO SUBMIT TO CHEMICAL                               
TEST.  (a)  If a person under arrest refuses the request of a law              
enforcement officer to submit to a chemical test under                         
AS18.65.757(a) after being advised by the officer that the refusal             
will, if that person was the holder of a permit issued under                   
AS18.65.700 - 18.65.790 and was arrested while carrying a                      
concealed handgun, result in the denial or revocation of the                   
person's permit to carry a concealed handgun, that the refusal may             
be used against the person in a civil or criminal action or                    
proceeding arising out of an act alleged to have been committed                
by the person while carrying a concealed handgun while                         
intoxicated, and that the refusal is a crime, a chemical test may not          
be given, except as provided by AS18.65.760.                                   
	(b)  The refusal of a person to submit to a chemical test of                 
breath under (a) of this section is admissible evidence in a civil or          
criminal action or proceeding arising out of an act alleged to have            
been committed by the person while carrying a concealed handgun                
while intoxicated.                                                             
	(c)  Refusal to submit to the chemical test of breath authorized             
by AS18.65.757(a) is a class A misdemeanor.                                    
	(d)  Upon conviction under this section,                                     
		(1)  the court shall impose a minimum sentence of                           
imprisonment of                                                                
                                                                               
		(A)  not less than 72 consecutive hours and a fine of                      
not less than $250 if the person has not been previously                       
convicted;                                                                     
                                                                               
		(B)  not less than 20 days and a fine of not less than                     
$500 if the person has been previously convicted once;                         
                                                                               

1994-04-15                     House Journal                      Page 3491
HB 351                                                                       
		(C)  not less than 60 days and a fine of not less than                     
$1,000 if the person has been previously convicted twice;                      
		(D)  not less than 120 days and a fine of not less than                    
$2,000 if the person has been previously convicted three                       
times;                                                                         
		(E)  not less than 240 days and a fine of not less than                    
$3,000 if the person has been previously convicted four times;                 
		(F)  not less than 360 days and a fine of not less than                    
$4,000 if the person has been previously convicted more than                   
four times;                                                                    
		(2)  the court may not                                                      
		(A)  suspend execution of the sentence required by (1)                     
of this subsection or grant probation, except on condition that                
the person serve the minimum imprisonment under (1) of this                    
subsection; or                                                                 
		(B)  suspend imposition of sentence;                                       
		(3)  the court shall revoke the person's permit to carry a                  
concealed handgun and may order the handgun that was carried                   
during the refusal to submit to the chemical test to be forfeited              
under AS18.65.761; and                                                         
                                                                               
		(4)  the sentence imposed by the court under this                           
subsection shall run consecutively with any other sentence of                  
imprisonment imposed on the person.                                            
                                                                               
	(e) Except as prohibited by federal law or regulation, every                 
provider of treatment programs to which persons are ordered under              
(h) of this section shall supply the Alaska court system with the              
information regarding the condition and treatment of those persons             
as the supreme court may require by rule. Information compiled                 
under this subsection is confidential and may only be used by a                
court in sentencing a person convicted under this section, or by an            
officer of the court in preparing a pre-sentence report for the use            
of the court in sentencing a person convicted under this section.              
                                                                               
	(f)  A person who is sentenced to imprisonment for 72                        
consecutive hours under (d) of this section and who is not released            
from imprisonment after 72 hours may not bring an action against               
the state or a municipality or its agents, officers, or employees for          
damages resulting from the additional period of confinement if                 
                                                                               

1994-04-15                     House Journal                      Page 3492
HB 351                                                                       
		(1)  the employee or employees who released the person                      
exercised due care and, in releasing the person, followed the                  
standard release procedures of the prison facility; and                        
		(2)  the additional period of confinement did not exceed                    
12 hours.                                                                      
	(g)  For purposes of this section, convictions for carrying a                
concealed handgun while intoxicated under AS18.65.756 and for                  
refusal to submit to a chemical test of breath under this section, if          
arising out of a single transaction and a single arrest, are                   
considered one previous conviction.                                            
	(h) The court shall order a person convicted under this section              
to satisfy the screening, evaluation, referral, and program                    
requirements of an agency authorized by the court to make                      
referrals for rehabilitative treatment or to provide rehabilitative            
treatment.                                                                     
                                                                               
	(i)  A program of inpatient treatment may be required by the                 
authorized agency under (h) of this section only if authorized in              
the judgment, and may not exceed the maximum term of inpatient                 
treatment specified in the judgment.  A person who has been                    
referred for inpatient treatment under this subsection may make a              
written request to the sentencing court asking the court to review             
the referral.  The request for review shall be made within seven               
days of the agency's referral and shall specifically set out the               
grounds upon which the request for review is based.  The court                 
may order a hearing on the request for review.                                 
	(j)  If a person fails to satisfy the requirements of an                     
authorized agency under (i) of this section, the court                         
		(1)  may impose any portion of a suspended sentence;                        
		(2)  may punish the failure as contempt of the authority                    
of the court under AS09.50.010 or as a violation of a condition                
of probation; and                                                              
		(3)  shall order the revocation or suspension of the                        
person's permit to carry a concealed handgun until the                         
requirements are satisfied.                                                    
                                                                               
	(k)  Imprisonment required under (d)(1)(A) or (B) of this                    
section shall be served at a community residential center or, if a             
community residential center is not available, at another                      
appropriate place determined by the commissioner of corrections.               
                                                                               

1994-04-15                     House Journal                      Page 3493
HB 351                                                                       
The cost of imprisonment resulting from the sentence imposed                  
under (d)(1) of this section shall be paid to the state by the person          
being sentenced provided, however, that the cost of imprisonment               
required to be paid under this subsection may not exceed $1,000.               
Upon the person's conviction, the court shall include the costs of             
imprisonment as a part of the judgment of conviction.  Except for              
reimbursement from a permanent fund dividend as provided in this               
subsection, payment of the cost of imprisonment is not required if             
the court determines the person is indigent.  For costs of                     
imprisonment that are not paid by the person as required by this               
subsection, the state shall seek reimbursement from the person's               
permanent fund dividend as provided under AS43.23.065.  While                  
at the community residential center or other appropriate place, a              
person sentenced under (d)(1)(A) of this section shall perform at              
least 24 hours of community service work and a person sentenced                
under (d)(1)(B) of this section shall perform at least 160 hours of            
community service work, as required by the director of the                     
community residential center or other appropriate place.  In this              
subsection, "appropriate place" means a facility with 24-hour                  
on-site staff supervision that is specifically adapted to provide a            
residence, and includes a correctional center, residential treatment           
facility, hospital, halfway house, group home, work farm, work                 
camp, or other place that provides varying levels of restriction.              
                                                                               
	(l)  In this section,                                                        
                                                                               
		(1)  "cost of imprisonment" means the cost of                               
imprisonment as determined under AS18.65.756(i);                               
                                                                               
		(2)  "previously convicted" has the meaning given in                        
AS18.65.756.                                                                   
                                                                               
	Sec. 18.65.759.  PRESUMPTIONS AND CHEMICAL                                   
ANALYSIS OF BREATH OR BLOOD.  (a)  Upon the trial of a                         
civil or criminal action or proceeding arising out of acts alleged to          
have been committed by a person who is a holder of a permit                    
issued under AS18.65.700 - 18.65.790, while carrying a concealed               
handgun while intoxicated, the amount of alcohol in the person's               
blood or breath at the time alleged shall give rise to the following           
presumptions:                                                                  
                                                                               

1994-04-15                     House Journal                      Page 3494
HB 351                                                                       
		(1)  if there was 0.01 percent or less by weight of alcohol                 
in the person's blood, or 10 milligrams or less of alcohol per 100             
milliliters of the person's blood, or 0.01 grams or less of alcohol            
per 210 liters of the person's breath, it shall be presumed that the           
person was not under the influence of intoxicating liquor;                     
		(2)  if there was in excess of 0.01 percent but less than                   
0.00 percent by weight of alcohol in the person's blood, or in                 
excess of 10 but less than 80 milligrams of alcohol per 100                    
milliliters of the person's blood, or in excess of 0.01 grams but              
less than 0.08 grams of alcohol per 210 liters of the person's                 
breath, that fact does not give rise to any presumption that the               
person was or was not under the influence of intoxicating liquor,              
but that fact may be considered with other competent evidence in               
determining whether the person was under the influence of                      
intoxicating liquor;                                                           
		(3)  if there was 0.08 percent or more by weight of                         
alcohol in the person's blood, or 80 milligrams or more of alcohol             
per 100 milliliters of the person's blood, or 0.08 grams or more of            
alcohol per 210 liters of the person's breath, it shall be presumed            
that the person was under the influence of intoxicating liquor.                
	(b)  For purposes of this chapter, percent by weight of alcohol              
in the blood shall be based upon milligrams of alcohol per 100                 
milliliters of blood.                                                          
	(c)  The provisions of (a) of this section may not be construed              
to limit the introduction of any other competent evidence bearing              
upon the question of whether the person was or was not under the               
influence of intoxicating liquor.                                              
                                                                               
	(d)  To be considered valid under the provisions of this                     
section, the chemical analysis of the person's breath or blood shall           
have been performed according to methods approved by the                       
department.  The department is authorized to approve satisfactory              
techniques, methods, and standards of training necessary to                    
ascertain the qualifications of individuals to conduct the analysis.           
If it is established at trial that a chemical analysis of breath or            
blood was performed according to approved methods by a person                  
trained according to techniques, methods, and standards of training            
approved by the department, there is a presumption that the test               
results are valid and further foundation for introduction of the               
evidence is unnecessary.                                                       
                                                                               

1994-04-15                     House Journal                      Page 3495
HB 351                                                                       
	(e)  The person tested may have a physician, or a qualified                  
technician, chemist, registered nurse, or other qualified person of            
the person's own choosing administer a chemical test in addition               
to the test administered at the direction of a law enforcement                 
officer.  The failure or inability to obtain an additional test by a           
person does not preclude the admission of evidence relating to the             
test taken at the direction of a law enforcement officer; the fact             
that the person under arrest sought to obtain such an additional               
test, and failed or was unable so to do, is likewise admissible in             
evidence.                                                                      
                                                                               
	(f)  Upon the request of the person who submits to a chemical                
test at the request of a law enforcement officer, full information             
concerning the test, including the results of it, shall be made                
available to the person or the person's attorney.                              
	Sec. 18.65.760.  ADMINISTRATION OF CHEMICAL TESTS                            
WITHOUT CONSENT.  (a)  If a person, who is the holder of a                     
permit issued under AS18.65.700 - 18.65.790, is under arrest for               
an offense arising out of acts alleged to have been committed                  
while the person was carrying a concealed handgun while                        
intoxicated, and that arrest results from an incident that causes              
death or physical injury to another person, a chemical test may be             
administered without the consent of the person arrested to                     
determine the amount of alcohol in that person's breath or blood.              
	(b)  A person who is unconscious or otherwise in a condition                 
rendering that person incapable of refusal is considered not to have           
withdrawn the consent provided under AS18.65.757(a) and a                      
chemical test may be administered to determine the amount of                   
alcohol in that person's breath or blood.  A person who is                     
unconscious or otherwise incapable of refusal need not be placed               
under arrest before a chemical test may be administered.                       
                                                                               
	(c)  If a chemical test is administered to a person under (a) or             
(b) of this section, that person is not subject to the penalties for           
refusal to submit to a chemical test provided by AS18.65.758.                  
                                                                               
	Sec. 18.65.761.  FORFEITURE OF HANDGUN.  (a)  After                          
conviction of an offense under AS18.65.756 or 18.65.758, the                   
state may move the court to order the forfeiture of the handgun                
involved in the commission of the offense if the convicted person,             
                                                                               

1994-04-15                     House Journal                      Page 3496
HB 351                                                                       
was at the time of the offense the holder of a permit issued under            
AS18.65.700 - 18.65.790, and has been previously convicted in                  
this or another jurisdiction of more than one of the following                 
offenses or has more than once been previously convicted of one                
of the following offenses:                                                     
		(1)  carrying a concealed handgun while intoxicated under                   
AS18.65.756 or another law or ordinance with substantially                     
similar elements; or                                                           
		(2)  refusal to submit to a chemical test under                             
AS18.65.758 or another law or ordinance with substantially                     
similar elements.                                                              
	(b)  For purposes of this section, convictions for both carrying             
a concealed handgun while intoxicated and for refusal to submit                
to a chemical test of breath under AS18.65.757(a), if arising out              
of a single transaction and a single arrest, are considered one                
previous conviction.                                                           
	(c)  Upon receipt of a motion for forfeiture, the court shall                
schedule a hearing on the matter and shall notify the state and the            
convicted person of the time and place set for the hearing.  At the            
hearing, the court may order the forfeiture of the handgun if the              
court, sitting without a jury, determines by a preponderance of the            
evidence that the forfeiture of the handgun will serve one or more             
of the following purposes:                                                     
                                                                               
		(1)  deterrence of the convicted person from the                            
commission of future offenses under AS18.65.756;                               
		(2)  protection of the safety and welfare of the public;                    
		(3)  deterrence of other persons who are potential                          
offenders under AS18.65.756; or                                                
		(4)  expression of public condemnation of the serious or                    
aggravated nature of the convicted person's conduct.                           
	(d)  Upon forfeiture of a handgun under this section, the court              
shall require the surrender of the person's permit to carry a                  
concealed handgun.  The permit shall be delivered to the                       
department.                                                                    
	(e)  A handgun forfeited under this section may be disposed                  
of at the discretion of the department.                                        
	Sec. 18.65.763"                                                              
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 14 be adopted.                                                   

1994-04-15                     House Journal                      Page 3497
HB 351                                                                       
Representative James objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 14 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 351(FIN) am(efd add)                                                      
Second Reading                                                                 
Amendment No. 14                                                               
                                                                               
YEAS:  10   NAYS:  26   EXCUSED:  4   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Davidson, Davies, G.Davis, Finkelstein, Menard,           
Nicholia, Nordlund, Sitton                                                     
                                                                               
Nays:  Barnes, Bunde, Carney, Foster, Green, Grussendorf, Hanley,              
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses,                   
Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault,       
Toohey, Vezey, Williams                                                        
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
And so, Amendment No. 14 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 15 was offered  by Representative Nicholia:                       
                                                                               
                                                                               
Page 1, line 2 (title amendment):                                              
	Delete "prohibit"                                                           
	Insert "allow"                                                              
                                                                               
Page 2, line 3:                                                                
	Delete "had prohibited"                                                   
	Insert "has not allowed"                                                  
                                                                               
Page 10, line 17:                                                              
	Delete "prohibited"                                                           
	Insert "not allowed"                                                          
                                                                               

1994-04-15                     House Journal                      Page 3498
HB 351                                                                       
Page 11, line 18:                                                              
	Delete "PROHIBITION OF"                                                       
	Insert "ALLOWING"                                                             
                                                                               
Page 11, line 22:                                                              
	Delete "prohibited"                                                           
	Insert "allowed"                                                              
                                                                               
Page 11, line 26:                                                              
	Delete "prohibition"                                                          
	Insert "allowance"                                                            
	Delete "not"                                                                  
                                                                               
Page 12, line 11:                                                              
	Delete "to remove"                                                            
	Insert "relating to"                                                          
                                                                               
                                                                               
Representative Nicholia moved and asked unanimous consent that                 
Amendment No. 15 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 15 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 351(FIN) am                                                               
Second Reading                                                                 
Amendment No. 15                                                               
                                                                               
YEAS:  15   NAYS:  21   EXCUSED:  4   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, Finkelstein, Foster,            
Larson, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton,                   
Williams                                                                       
                                                                               
Nays:  Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Hudson,             
James, Kott, MacLean, Martin, Moses, Mulder, Olberg, Parnell,                  
Phillips, Porter, Sanders, Therriault, Toohey, Vezey                           
                                                                               

1994-04-15                     House Journal                      Page 3499
HB 351                                                                       
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
Williams changed from "Nay" to "Yea".                                          
                                                                               
And so, Amendment No. 15 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 16 was offered  by Representative Vezey:                          
                                                                               
Page 1, line 1 through page 13, line 4 (title amendment):                      
	Delete all material and insert:                                               
""An Act relating to permits for the carrying of a concealed                  
weapon; relating to the authority of a court to prohibit persons               
convicted of certain misdemeanors from applying for, receiving,                
and possessing a permit to carry a concealed weapon; and relating              
to the possession of weapons."                                                
                                                                               
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                               
ALASKA:                                                                        
                                                                               
   * Section 1.  INTENT.  The legislature finds as a matter of public        
policy and fact that it is necessary to provide statewide uniform              
standards for issuing licenses to carry concealed weapons and firearms         
for self-defense and finds it necessary to occupy the field of regulation      
of the bearing of concealed weapons or firearms for self-defense to            
ensure that an honest, law-abiding person who qualifies under the              
provisions of this Act is not subjectively or arbitrarily denied that          
person's rights.  The legislature intends that this Act shall be liberally     
construed to carry out the constitutional right to bear arms.  This Act        
is supplemental and additional to existing rights to bear arms, and            
nothing in this Act is intended to impair or diminish those rights.            
                                                                               
   * Sec. 2.  AS11.61.220(a) is amended to read:	                            
                                                                               
	(a)  A person commits the crime of misconduct involving                      
weapons in the fifth degree if the person                                      
                                                                               
		(1)  knowingly possesses a deadly weapon, other than an                     
ordinary pocketknife or a defensive weapon, that is concealed on               
                                                                               

1994-04-15                     House Journal                      Page 3500
HB 351                                                                       
the person, unless the person at the time of the possession was             
		(A)  in the person's dwelling or on land owned or                          
leased by the person appurtenant to the dwelling;                              
		(B)  actually engaged in lawful hunting, fishing,                          
trapping, or other lawful outdoor activity that necessarily                    
involves the carrying of a weapon for personal protection;                     
or                                                                             
		(C)  the holder of a permit to carry a concealed                           
weapon under AS18.65.700 - 18.65.780 and the deadly                            
weapon was not a prohibited weapon under AS11.61.200;                        
                                                                               
		(2)  knowingly possesses a loaded firearm on the person                     
in any place where intoxicating liquor is sold for consumption on              
the premises;                                                                  
		(3)  being an unemancipated minor under 16 years of age,                    
possesses a firearm without the consent of a parent or guardian of             
the minor;                                                                     
		(4)  knowingly possesses a firearm                                          
		(A)  or a defensive weapon within the grounds of or                        
on a parking lot immediately adjacent to a public or private                   
preschool, elementary, junior high, or secondary school                        
without the permission of the chief administrative officer of                  
the school or district or the designee of the chief                            
administrative officer, except that a person 21 years of age or                
older may possess                                                              
                                                                               
		(i)  an unloaded firearm in the trunk of a motor                          
vehicle or encased in a closed container in a motor                            
vehicle;                                                                       
                                                                               
		(ii)  a defensive weapon; or                                              
                                                                               
		(B)  within the grounds of or on a parking lot                             
immediately adjacent to a center, other than a private                         
residence, licensed under AS47.35.010 - 47.35.075 or                           
recognized by the federal government for the care of children;                 
or                                                                             
                                                                               
		(5)  possesses or transports a switchblade or a gravity                     
knife.                                                                         
                                                                               

1994-04-15                     House Journal                      Page 3501
HB 351                                                                       
   * Sec. 3.  AS11.61.220(c) is amended to read:                             
	(c)  The provisions of (a)(1), (2), and (4) of this section do not       
apply to a peace officer [ACTING WITHIN THE SCOPE AND                          
AUTHORITY OF THE OFFICER'S EMPLOYMENT].                                        
   * Sec. 4.  AS11.61.220(d) is amended to read:                             
	(d)  In a prosecution under (a)(1) or (2) [(a)(2)] of this               
section, it is a defense that the defendant, at the time of                    
possession, was                                                                
		(1)  on business premises owned by or leased by the                         
defendant; or                                                                  
		(2)  on business premises in the course of the defendant's                  
employment for the owner or lessee of those premises.                          
                                                                               
   * Sec. 5.  AS11.61.220(e) is amended to read:                             
	(e)  For purposes of this section, a deadly weapon on a person               
is concealed if it is covered or enclosed in any manner so that an             
observer cannot determine that it is a weapon without removing it              
from that which covers or encloses it or without opening, lifting,             
or removing that which covers or encloses it, it does not include            
an unloaded firearm encased in a closed container designed for                 
transporting firearms.                                                       
   * Sec. 6.  AS11.61.220(f) is amended to read:                             
	(f)  For purposes of (a)(2) and (e) of this section, a firearm is        
loaded if the firing chamber, magazine, clip, or cylinder of the               
firearm contains a cartridge.                                                  
                                                                               
   * Sec. 7.  AS12.55.015(a) is amended to read:                             
	(a)  Except as limited by AS12.55.125 - 12.55.175, the court,                
in imposing sentence on a defendant convicted of an offense, may               
singly or in combination                                                       
                                                                               
		(1)  impose a fine when authorized by law and as                            
provided in AS12.55.035;                                                       
		(2)  order the defendant to be placed on probation under                    
conditions specified by the court that may include provision for               
active supervision;                                                            
		(3)  impose a definite term of periodic imprisonment;                       
		(4)  impose a definite term of continuous imprisonment;                     
		(5)  order the defendant to make restitution under                          
AS12.55.045;                                                                   
                                                                               

1994-04-15                     House Journal                      Page 3502
HB 351                                                                       
		(6)  order the defendant to carry out a continuous or                       
periodic program of community work under AS12.55.055;                          
		(7)  suspend execution of all or a portion of the sentence                  
imposed under AS12.55.080;                                                     
		(8)  suspend imposition of sentence under AS12.55.085;                      
		(9)  order the forfeiture to the commissioner of public                     
safety of a deadly weapon that was in the actual possession of or              
used by the defendant during the commission of an offense                      
described in AS11.41, AS11.46, AS11.56, or AS11.61;                            
		(10)  order the defendant, while incarcerated, to participate               
in or comply with the treatment plan of a rehabilitation program               
that is related to the defendant's offense or to the defendant's               
rehabilitation, if the program is made available to the defendant by           
the Department of Corrections;                                               
                                                                               
		(11)  prohibit the defendant from applying for,                             
receiving, or possessing a permit to carry a concealed weapon                  
under AS18.65.700 - 18.65.780 for a period of not greater than                 
five years if the defendant was convicted of any of the                        
following misdemeanor offenses:                                                
		(A)  AS11.41.230, 11.41.250, 11.41.270;                                    
		(B)  AS11.46.140 or 11.46.150 when the defendant                           
has committed theft of services under AS11.46.200(a)(1);                       
		(C)  AS11.46.270, 11.46.320, 11.46.430,                                    
11.46.484(a)(7);                                                               
		(D)  AS11.51.130(a)(1);                                                    
		(E)  AS11.56.330, 11.56.350, 11.56.380, 11.56.700,                         
11.56.740;                                                                     
		(F)  AS11.61.110, 11.61.120, 11.61.210, 11.61.220,                         
11.61.240;                                                                     
		(G)  AS11.66.130; or                                                       
		(H)  AS11.71.050.                                                        
                                                                               
   * Sec. 8.  AS18.65 is amended by adding new sections to read:             
                ARTICLE 9.  PERMIT TO CARRY A CONCEALED WEAPON.                
	Sec. 18.65.700.  PERMIT TO CARRY A CONCEALED                                 
WEAPON.  (a)  The department shall issue a permit to carry a                   
concealed weapon to a person who                                               
		(1)  applies in person at an office of the Alaska State                     
Troopers;                                                                      
                                                                               

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HB 351                                                                       
		(2)  qualifies under AS18.65.705;                                           
		(3)  submits a completed application on a form provided                     
by the department, that provides the information required under                
AS18.65.705 and 18.65.710 and is executed under oath;                          
		(4)  submits evidence of competence with firearms as                        
provided in AS18.65.715;                                                       
		(5)  shows a valid picture identification at the time of                    
application; and                                                               
		(6)  pays the application fee required by AS18.65.720.                      
	(b) The department shall immediately issue the permit or                     
provide a written statement to the applicant providing the reasons             
for the rejection.                                                             
	(c)  A permit issued under this section is valid for five years              
from the date of issue.                                                        
	Sec. 18.65.705.  QUALIFICATIONS TO OBTAIN A                                  
PERMIT.  A person is qualified to receive and hold a permit to                 
carry a concealed weapon if the person                                         
                                                                               
		(1)  is 21 years of age or older;                                           
		(2)  is eligible to own or possess a firearm under the laws                 
of this state and under federal law;                                           
		(3)  is not prohibited by a court under AS12.55.015 from                    
applying for, receiving, or possessing a permit to carry a concealed           
weapon;                                                                        
		(4)  is not currently charged under a complaint,                            
information, indictment, or presentment with a felony violation of             
AS11.41 or a similar law of another jurisdiction;                              
		(5)  is not now suffering, and has not within the five years                
immediately preceding the application suffered, from a mental                  
illness as defined in AS47.30.915;                                             
		(6)  is not now, and has not been, adjudicated as mentally                  
incapacitated by a court of this state, another state, territory, or           
jurisdiction, or of the United States, unless the guardianship or              
similar arrangement has been closed or terminated and five years               
have elapsed since the closure or other termination;                           
		(7)  is a resident of the state and has been for the 12                     
months immediately preceding the application for a permit;                     
                                                                               
		(8)  has not been discharged from the armed forces of the                   
United States under dishonorable conditions;                                   

1994-04-15                     House Journal                      Page 3504
HB 351                                                                       
		(9)  is not an alien who is residing in the United States                   
illegally or a former citizen of the United States who has                     
renounced the person's citizenship;                                            
		(10)  is not now, and has not for the three years                           
immediately preceding the application, suffered impairment from                
alcohol;                                                                       
		(11)  is not an unlawful user of, or addicted to, a                         
controlled substance;                                                          
		(12)  has not been convicted of two violations of                           
AS28.33.030, 28.33.031, AS28.35.030 or 28.35.032 or similar                    
laws of another jurisdiction within the five years immediately                 
preceding the application; and                                                 
                                                                               
		(13)  has demonstrated competence with firearms as                          
provided in AS18.65.715.                                                       
	Sec. 18.65.710.  APPLICATION FOR PERMIT TO CARRY                             
A CONCEALED WEAPON.  (a)  The application for a permit to                      
carry a concealed weapon must, at a minimum, include                           
		(1)  the applicant's name, address, place and date of birth,                
physical description, including height, weight, race, hair color, and          
eye color, and social security number;                                         
		(2)  a statement that the applicant qualifies under                         
AS18.65.705;                                                                   
		(3)  a statement that the applicant has been furnished with                 
a copy of AS18.65.700 - 18.65.780, has read those sections, and                
understands them;                                                              
		(4)  a statement that the applicant desires a permit to carry               
a concealed weapon for a lawful purpose, which may include                     
lawful self-defense;                                                           
		(5)  a sworn statement by the applicant that all statements,                
answers, and attachments to the application are true and complete;             
                                                                               
		(6)  a conspicuous warning that the application is executed                 
under oath and that an applicant who supplies a false statement,               
answer, or document, in connection with the application that the               
applicant does not believe to be true, may be prosecuted for                   
perjury under AS11.56.200 and, if found guilty, may be punished                
for violation of a class B felony, and that in such cases the permit           
shall be revoked and the applicant may be barred from any further              
application for a permit; and                                                  
                                                                               

1994-04-15                     House Journal                      Page 3505
HB 351                                                                       
		(7)  a statement that the applicant understands that a                      
background investigation may be conducted as a part of the                     
application process, that this may involve computerized records                
searches, and that the applicant authorizes the investigation.                 
	(b)  As a part of an application under (a) of this section, the              
department may not inquire of an applicant as to any firearms                  
owned by the applicant.                                                        
	Sec. 18.65.715.  DEMONSTRATION OF COMPETENCE                                 
WITH FIREARMS.  An applicant for a permit to carry a                           
concealed weapon must be competent in the use of firearms.  The                
applicant may demonstrate this competence by submitting with the               
application                                                                    
		(1)  evidence in the form of a copy of a certificate of                     
completion, a certified copy of a transcript, or an affidavit of the           
instructor, group, club, or organization that conducted the training,          
course, or class, that the applicant has successfully completed a              
		(A)  law enforcement firearms safety and training                          
course or class offered for peace officers, security guards, or                
private investigators; or                                                      
		(B)  firearms safety or training course or class                           
conducted by a National Rifle Association certified, United                    
States Practical Shooting Association certified, state certified,              
or other certified firearms instructor;                                        
		(2)  evidence of military instruction and experience with                   
the safe use of firearms; or                                                   
		(3)  other evidence satisfactory to the commissioner that                   
the person is competent in the use of firearms.                                
	Sec. 18.65.720.  FEES. (a)  The department shall charge a                    
nonrefundable fee of $50 for application for and initial issuance of           
a permit.                                                                      
	(b)  The department shall charge a fee of $25 for the renewal                
of a permit under AS18.65.725.                                                 
	(c)  The department shall charge a fee of $15 for replacement                
of a permit under AS18.65.730.                                                 
	Sec. 18.65.725.  PERMIT RENEWAL.  (a)  A permittee shall                     
apply for renewal of a permit to carry a concealed weapon within               
90 days before the expiration of the permit on a form provided by              
the department.  The renewal form shall be submitted under oath                
and must include                                                               
		(1)  any change in the information originally submitted                     
under AS18.65.710;                                                             

1994-04-15                     House Journal                      Page 3506
HB 351                                                                       
		(2)  a statement that the person remains qualified to                       
receive and hold a permit to carry a concealed weapon under                    
AS18.65.705; and                                                               
                                                                               
		(3)  the renewal fee required under AS18.65.720.                            
	(b)  A renewal of a permit to carry a concealed weapon                       
submitted on or after the expiration date is subject to a late fee of          
$25.  The department may not accept a renewal for a permit that                
is submitted more than 90 days after the expiration date of the                
permit.  Nothing in this subsection prohibits the holder of an                 
expired permit from applying for a new permit.                                 
	Sec. 18.65.730.  REPLACEMENT OF PERMIT.  The                                 
department may replace a permit that the permittee certifies under             
oath has been lost, stolen, or destroyed.                                      
	Sec. 18.65.735.  SUSPENSION OF PERMIT.  The department                       
shall immediately suspend a permit to carry a concealed weapon                 
if a permittee is arrested for or formally charged with a crime that           
would disqualify the permittee under AS18.65.705(4) from being                 
eligible to hold a permit to carry a concealed weapon.  A                      
suspension of a permit remains in effect until the permit is revoked           
under AS18.65.740 or the department has been notified of a                     
disposition favorable to the defendant or the defendant has been               
released from custody without being charged.  In this section,                 
"disposition favorable to the defendant" means a dismissal by the              
prosecutor or an adjudication by a court other than a conviction.              
	Sec. 18.65.740.  REVOCATION OF PERMIT; APPEAL.  (a)                          
A permit to carry a concealed weapon shall be immediately                      
revoked by the department when the permittee                                   
		(1)  becomes disqualified to receive and hold a permit                      
under AS18.65.705, other than AS18.65.705(4);                                  
		(2)  is convicted of three violations of AS18.65.750 or                     
18.65.755 within a five-year period;                                           
		(3)  is convicted of two violations of AS28.33.030,                         
28.33.031, AS28.35.030, or 28.35.032, or similar laws of another               
jurisdiction within a five-year period if at least one of the                  
convictions occurs after the issuance of the permit;                           
                                                                               
		(4)  is convicted of violating AS28.33.030, 28.33.031,                      
AS28.35.030, or 28.35.032 and was carrying a concealed weapon                  
at the time of the violation; or                                               
                                                                               

1994-04-15                     House Journal                      Page 3507
HB 351                                                                       
		(5)  with intent to mislead the department or its                           
employees, supplied a false or fraudulent answer, statement, or                
document, or made a material misstatement or omission, in                      
connection with an application for a permit or renewal or                      
replacement of a permit.                                                       
	(b)  A person whose permit is revoked under this section may                 
appeal the revocation decision to the commissioner.  A person may              
seek judicial review of the decision of the commissioner under                 
AS44.62.560 - 44.62.570.                                                       
	(c)  A person whose permit is revoked under (a)(2) - (5) of                  
this section may not apply for a new permit until at least five                
years have elapsed since the date of the last conviction or the                
revocation, whichever occurs first.                                            
	Sec. 18.65.745.  NO LIABILITY FOR ISSUANCE OF                                
PERMIT OR FOR TRAINING.  (a)  The department is not liable                     
by virtue of having issued a permit to carry a concealed weapon                
for  damage or harm caused by the permittee.                                   
	(b)  A person who provides firearm training to a person who                  
receives a permit under AS18.65.700 - 18.65.780 is not liable for              
damage or harm caused to another person by the permittee.                      
	Sec. 18.65.750.  POSSESSION AND DISPLAY OF PERMIT.                           
(a)  A permittee shall carry the permit at all times the permittee             
carries a concealed weapon.  The permittee shall display both the              
license and other proper identification when asked to do so by a               
peace officer at any time.                                                     
	(b)  Whenever a permittee who is carrying a concealed                        
weapon is stopped by a peace officer, the permittee shall                      
immediately inform the peace officer that the permittee is carrying            
a concealed weapon under the permit.                                           
	(c)  A person who violates (a) or (b) of this section is guilty              
of a violation and shall be punished by a fine of $25.                         
	Sec. 18.65.755.  PLACES WHERE PERMITTEE MAY NOT                              
POSSESS A CONCEALED WEAPON.  (a)  A permittee may not                          
carry a concealed weapon into                                                  
		(1)  a law enforcement or correctional facility;                            
		(2)  a courthouse or a courtroom;                                           
		(3)  an office or building housing state or federal offices                 
or the offices of a political subdivision of the state;                        
		(4)  a passenger loading or unloading area of an airline                    
terminal;                                                                      
                                                                               

1994-04-15                     House Journal                      Page 3508
HB 351                                                                       
		(5)  a vessel of the Alaska marine highway system; or                       
                                                                               
		(6)  another place where the possession of a deadly                         
weapon or firearm is prohibited by state or federal law.                       
	(b)  In addition to any other penalty provided by law, a person              
who violates this section is guilty of a class B misdemeanor.                  
	Sec. 18.65.760.  ACCESS TO LIST OF PERMITTEES BY                             
PEACE OFFICERS.  The department shall compile a list of                        
permittees in a manner that allows immediate access to the                     
information by peace officers.  The list of permittees and all                 
applications, permits, and renewals are not public records under               
AS09.25.110 - 09.25.125 and may only be accessed for law                       
enforcement purposes.                                                          
                                                                               
	Sec. 18.65.765.  EXEMPT PERSONS.  Persons who are                            
permitted to carry a concealed weapon under AS11.61.220 other                  
than AS11.61.220(a)(1)(C), or are provided a defense to a charge               
of carrying a concealed weapon under AS11.61.220 are exempt                    
from the provisions of AS18.65.700- 18.65.780 while engaging                   
in the activities permitted or to which the defense applies.                   
                                                                               
	Sec. 18.65.770.  REGULATIONS.  The department shall adopt                    
regulations to implement AS18.65.700 - 18.65.780.  This section                
does not delegate to the department the authority to regulate or               
restrict the issuing of permits beyond those provisions contained              
in AS18.65.700- 18.65.780.  Subjective or arbitrary actions or                 
regulations that encumber the issuing process by placing burdens               
on the applicant beyond those sworn statements and specified                   
documents detailed in AS18.65.700- 18.65.780 or that create                    
restrictions beyond those specified or specifically authorized in              
AS18.65.700 -18.65.780 are prohibited.                                         
                                                                               
	Sec. 18.65.775.  PROHIBITION ON CERTAIN                                      
ORDINANCES.  A municipality may not enact an ordinance that                    
conflicts with or imposes stricter standards than the requirements             
of this chapter.                                                               
                                                                               
	Sec. 18.65.780.  DEFINITIONS. In AS18.65.700 - 18.65.780,                    
		(1)  "commissioner" means the commissioner of public                        
safety;                                                                        
                                                                               

1994-04-15                     House Journal                      Page 3509
HB 351                                                                       
		(2)  "concealed weapon" means a deadly weapon, as                           
defined in AS11.81.900, that is covered or enclosed in any                     
manner so that an observer cannot determine that it is a weapon                
without removing it from that which covers or encloses it or                   
without opening, lifting, or removing that which covers or encloses            
it; however, "concealed weapon" does not include an unloaded                   
firearm encased in a closed container designed for transporting                
firearms, a deadly weapon that is a prohibited weapon as defined               
under AS11.61.200;                                                             
		(3)  "department" means the Department of Public Safety;                    
		(4)  "permit" means a permit to carry a concealed weapon                    
issued under AS18.65.700 - 18.65.780.                                          
   * Sec. 9.  AS11.61.220(b) is repealed."                                   
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
Amendment No. 16 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 16 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 351(FIN) am(efd add)                                                      
Second Reading                                                                 
Amendment No. 16                                                               
                                                                               
YEAS:  13   NAYS:  23   EXCUSED:  4   ABSENT:  0                             
                                                                               
Yeas:  Carney, Davidson, Grussendorf, Kott, Larson, Martin, Olberg,            
Parnell, Sanders, Sitton, Therriault, Toohey, Vezey                            
                                                                               
Nays:  Barnes, Brice, Brown, Bunde, Davies, G.Davis, Finkelstein,              
Foster, Green, Hanley, Hudson, James, Mackie, MacLean, Menard,                 
Moses, Mulder, Navarre, Nicholia, Nordlund, Phillips, Porter, Williams         
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
                                                                               
And so, Amendment No. 16 was not adopted.                                      

1994-04-15                     House Journal                      Page 3510
HB 351                                                                       
Amendment No. 17 was not offered.                                              
                                                                               
                                                                               
Amendment No. 18 was offered  by Representative Finkelstein:                    
                                                                               
                                                                               
Page 10, following line 14:                                                    
	Insert a new paragraph to read:                                               
		"(9)  a bus, train, taxi, or other form of public                           
transportation;"                                                               
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 18 be adopted.                                                   
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
Amendment to Amendment No. 18 was offered  by Representative                    
Mackie:                                                                        
                                                                               
In new paragraph, delete "taxi,"                                               
                                                                               
                                                                               
Representative Finkelstein objected.                                           
                                                                               
Representative Mackie moved and asked unanimous consent to                     
withdraw the amendment to Amendment No. 18.  There being no                    
objection, it was so ordered.                                                  
                                                                               
The question being:  "Shall Amendment No. 18 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 351(FIN) am(efd add)                                                      
Second Reading                                                                 
Amendment No. 18                                                               
                                                                               
YEAS:  7   NAYS:  29   EXCUSED:  4   ABSENT:  0                              

1994-04-15                     House Journal                      Page 3511
HB 351                                                                       
Yeas:  Brice, Brown, Davidson, Davies, Finkelstein, MacLean, Sitton            
                                                                               
Nays:  Barnes, Bunde, Carney, G.Davis, Foster, Green, Grussendorf,             
Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses,            
Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter,        
Sanders, Therriault, Toohey, Vezey, Williams                                   
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
And so, Amendment No. 18 was not adopted.                                      
                                                                               
Amendment No. 19 was offered  by Representative Brice:                          
                                                                               
Page 4, line 7:	                                                               
	Insert "or"                                                                   
                                                                               
Page 4, line 8:	                                                               
	Delete "or"                                                                   
                                                                               
Page 4, lines 9 and 10:                                                        
Delete all material.                                                          
                                                                               
Page 5, line 6:	                                                               
	Delete "and"                                                                  
                                                                               
Page 5, line 8:                                                                
	Delete "."                                                                    
	Insert ", and"                                                                
                                                                               
Page  5, following line 8:                                                     
Insert "(16) has not committed a misdemeanor while the person                 
possessed a concealed handgun."                                                
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 19 be adopted.                                                   
                                                                               
Representative Phillips objected.                                              
                                                                               
                                                                               
The question being:  "Shall Amendment No. 19 be adopted?"  The roll            
was taken with the following result:                                           

1994-04-15                     House Journal                      Page 3512
HB 351                                                                       
                                                                               
CSHB 351(FIN) am(efd add)                                                      
Second Reading                                                                 
Amendment No. 19                                                               
                                                                               
YEAS:  10   NAYS:  26   EXCUSED:  4   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, Finkelstein, Menard,            
Navarre, Nordlund, Sitton                                                      
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses,                   
Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault,      
Toohey, Vezey, Williams                                                        
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
                                                                               
And so, Amendment No. 19 was not adopted.                                      
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 351(FIN) am(efd add) be considered engrossed, advanced to                 
third reading and placed on final passage.                                     
                                                                               
                                                                               
Representative Brown objected.                                                 
                                                                               
                                                                               
The Speaker stated that CSHB 351(FIN) am(efd add) will be in third             
reading on the April 18, 1994, calendar.                                       
                                                                               
                                                                               
HB 392                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 392                                                            
"An Act relating to the confidentiality of permanent fund dividend            
application information; relating to the permanent fund dividend               
program; and providing for an effective date."                                 

1994-04-15                     House Journal                      Page 3513
HB 392                                                                       
with the:                                                 Journal Page         
                                                                               
	STA RPT  CS(STA) 2DP 3NR                                         2605         
	-ZERO FISCAL NOTE (REV) 3/4/94                                   2605         
	JUD RPT  CS(JUD)  4DP 2NR                                        2966         
	-PREVIOUS ZERO FISCAL NOTE (REV) 3/4/94                          2966         
	FIN RPT  CS(FIN) 3DP 1DNP 5NR                                    3192         
	-PREVIOUS ZERO FISCAL NOTE (REV) 3/4/94                          3193         
                                                                               
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. 392(FIN)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
The Chief Clerk was instructed to make the following technical                 
correction to CSHB 392(FIN):                                                   
                                                                               
Page 9, line 19, after "applicants":                                           
                                                                               
Delete "and telephone numbers of applicants if the numbers are                
published in a current telephone directory"                                    
                                                                               
Amendment No. 1 was offered  by Representative Martin:                          
                                                                               
Page 2, line 6:                                                                
	Delete "two calendar years before the current dividend year;                  
[AND]"                                                                         
	Insert new material to read:                                                  
		"(A)  two calendar years before the current dividend                   
year; or                                                                     
		(B)  four calendar years before the current                                
dividend year if the individual                                                
		(i)  was on active duty in the military forces of                         
the United States during that entire period and this                           
state was the home of record for that individual filed                         
with the military upon entry into military service; or                         
                                                                              

1994-04-15                     House Journal                      Page 3514
HB 392                                                                       
		(ii)  is a spouse or dependent of a resident or                          
nonresident member of the military forces of the                               
United States who was on active duty during that                               
entire period; [AND]"                                                        
                                                                               
                                                                               
Representative Martin moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
                                                                               
Representative Parnell objected.                                               
                                                                               
                                                                               
Representative Mackie called for the question.                                 
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 392(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  13   NAYS:  21   EXCUSED:  4   ABSENT:  2                             
                                                                               
Yeas:  Barnes, G.Davis, Green, Hudson, Kott, Martin, Mulder,                   
Nordlund, Olberg, Phillips, Sanders, Toohey, Vezey                             
                                                                               
Nays:  Brice, Brown, Bunde, Carney, Davidson, Davies, Finkelstein,             
Foster, Grussendorf, Hanley, Larson, Mackie, MacLean, Menard,                  
Moses, Navarre, Nicholia, Parnell, Porter, Therriault, Williams                
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
Absent:  James, Sitton                                                         
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 2 was offered  by Representatives Parnell and Brown:              
                                                                               
Page 10, after line 24:                                                        

1994-04-15                     House Journal                      Page 3515
HB 392                                                                       
	Insert a new subsection to read:                                             
	"(f)  Notwithstanding (b) and (c) of this section, the                       
department may not release an individual's social security number              
unless release of the number is required by federal law or the                 
individual has been notified that the department may release the               
number."                                                                       
                                                                               
Representative Parnell moved and asked unanimous consent that                  
Amendment No. 2 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Nordlund:                        
                                                                               
Page 4, after line 10:                                                         
	Insert a new paragraph to read:                                               
		"(15)  serving at sea aboard a United States flagged vessel                 
exceeding 100 gross tons if the individual is required to possess a            
valid United States merchant mariner's document issued by the                  
United State Coast Guard;"                                                     
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
Page 4, line 16:                                                               
	Delete "(15)"                                                                 
	Insert "(16)"                                                                 
                                                                               
Page 4, line 29:                                                               
	Delete "(15)"                                                                 
	Insert "(16)"                                                                 
                                                                               
Page, 4, line 31:                                                              
	Delete "(15)"                                                                 
	Insert "(16)"                                                                 
                                                                               
Representative Nordlund moved and asked unanimous consent that                 
Amendment No. 3 be adopted.                                                    
                                                                               
                                                                               
Representative Parnell objected.                                               
                                                                               

1994-04-15                     House Journal                      Page 3516
HB 392                                                                       
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 392(FIN) am                                                               
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  8   NAYS:  25   EXCUSED:  4   ABSENT:  3                              
                                                                               
Yeas:  Barnes, Carney, Davies, Martin, Menard, Mulder, Navarre,                
Nordlund                                                                       
                                                                               
Nays:  Brice, Brown, Bunde, Davidson, G.Davis, Finkelstein, Foster,            
Green, Grussendorf, Hanley, Hudson, Kott, Larson, Mackie, MacLean,             
Moses, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey,         
Vezey, Williams                                                                
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
Absent:  James, Nicholia, Sitton                                               
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Nordlund:                        
                                                                               
Page 4, after line 10:                                                         
	Insert a new paragraph to read:                                               
		"(15)  serving in the commissioned corps of the United                      
States Public Health Service;"                                                 
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
Page 4, line 16:                                                               
	Delete "(15)"                                                                 
	Insert "(16)"                                                                 
                                                                               
Page 4, line 29:                                                               
	Delete "(15)"                                                                 
	Insert "(16)"                                                                 
                                                                               

1994-04-15                     House Journal                      Page 3517
HB 392                                                                       
Page, 4, line 31:                                                              
	Delete "(15)"                                                                 
	Insert "(16)"                                                                 
                                                                               
Representative Nordlund moved and asked unanimous consent that                 
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Parnell objected.                                               
                                                                               
Representative Nordlund moved and asked unanimous consent to                   
withdraw Amendment No. 4.  There being no objection, it was so                 
ordered.                                                                       
                                                                               
Amendment No. 5 was offered  by Representative Davies:                          
                                                                               
Page 4, following line 10:                                                     
                                                                               
Insert "(15)  serving as an ordained minister in official capacity            
that requiring the person to travel or live outside of Alaska for up           
to 2 years and where the person maintains a residence in Alaska;"              
                                                                               
Renumber remaining paragraphs accordingly.                                     
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 5 be adopted.                                                    
                                                                               
Representative Parnell objected.                                               
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 392(FIN) am                                                               
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  8   NAYS:  26   EXCUSED:  4   ABSENT:  2                              
                                                                               
Yeas:  Davies, Finkelstein, Hudson, James, Menard, Mulder, Sitton,             
Therriault                                                                     
                                                                               
                                                                               

1994-04-15                     House Journal                      Page 3518
HB 392                                                                       
Nays:  Barnes, Brice, Brown, Bunde, Carney, Davidson, G.Davis,                 
Foster, Green, Grussendorf, Hanley, Kott, Larson, Mackie, MacLean,             
Martin, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders,        
Toohey, Vezey, Williams                                                        
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
Absent:  Moses, Navarre                                                        
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 6 was offered  by Representatives Mulder and Kott:                
                                                                               
                                                                               
Page 12, following line 2, insert:                                             
                                                                               
"* Section 18.  AS 43.23 is amended by adding a new section to              
read:                                                                          
                                                                               
	Sec. 43.23.017.  DIVIDENDS OF CERTAIN INDIVIDUALS                            
WHO HAVE BEEN ABSENT.  (a)  An individual who is eligible                      
for a permanent fund dividend and has been absent from the state               
for at least 181 consecutive days during the calendar year                     
immediately preceding January 1 of the current dividend year may               
not receive the dividend until the individual                                  
		(1)  has been physically present in the state for a                         
subsequent calendar year, except that during that year the                     
individual may have been absent for up to 90 days; and                         
		(2)  is otherwise eligible for the dividend declared for the                
year immediately following the year that satisfies the requirements            
of (1) of this section.                                                        
	(b)  If, before receiving the prior year dividend, an individual             
who is eligible to receive a prior year dividend under (a) of this             
section fails to apply or qualify for a dividend for a subsequent              
year, that individual becomes ineligible to receive the prior year             
dividend.                                                                      
	(c)  If an individual who is eligible for a dividend but has not             
received it dies before satisfying the requirements of (a)(1) and (2)          
of this section, the department shall pay the dividend to the                  
appropriate person on behalf of the estate of the individual.                  

1994-04-15                     House Journal                      Page 3519
HB 392                                                                       
*Sec. 2.   This Act takes effect January 1, 1996."                          
                                                                               
Page 12, line 5:                                                               
                                                                               
Delete "and 8 - 18"                                                           
	Insert "and 8 - 17 and 19"                                                    
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
                                                                               
Representative Mulder moved and asked unanimous consent that                   
Amendment No. 6 be adopted.                                                    
                                                                               
                                                                               
Representative Parnell objected.                                               
                                                                               
                                                                               
Amendment No. 1 to Amendment No. 6 was offered  by Representative               
Mulder:                                                                        
                                                                               
Delete "*Sec. 2.  This Act"                                                 
Insert "*Sec. 22.  Section 18"                                              
                                                                               
Representative Mulder moved and asked unanimous consent that                   
Amendment No. 1 to Amendment No. 6 be adopted.  There being no                 
objection, it was so ordered.                                                  
                                                                               
                                                                               
The following members moved and asked unanimous consent that they              
be allowed to abstain from voting due to a conflict of interest:               
                                                                               
Representative Davies                                                         
Representative G.Davis 	                                                      
Representative Phillips                                                       
	Representative Menard                                                         
	Representative Williams                                                       
	Representative Foster                                                         
	Representative Carney                                                         
                                                                               
Objection was heard, and the members were required to vote.                    
                                                                               

1994-04-15                     House Journal                      Page 3520
HB 392                                                                       
Amendment No. 2 to Amendment No. 6 was offered  by Representative               
Bunde:                                                                         
                                                                               
Delete all of subsection (c).                                                 
                                                                               
                                                                               
Representative Bunde moved and asked unanimous consent that                    
Amendment No. 2 to Amendment No. 6 be adopted.                                 
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
Representative Bunde moved and asked unanimous consent to                      
withdraw Amendment No. 2 to Amendment No. 6.  There being no                   
objection, it was so ordered.                                                  
                                                                               
The question being:  "Shall Amendment No. 6 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               
CSHB 392(FIN) am                                                               
Second Reading                                                                 
Amendment No. 6 as amended                                                     
                                                                               
YEAS:  23   NAYS:  11   EXCUSED:  4   ABSENT:  2                             
                                                                               
Yeas:  Barnes, Brice, Brown, Carney, Davidson, Davies, G.Davis,                
Finkelstein, Foster, Green, Hudson, James, Kott, Larson, Mackie,               
MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Phillips,                
Porter                                                                         
                                                                               
Nays:  Bunde, Grussendorf, Hanley, Martin, Olberg, Parnell, Sanders,           
Therriault, Toohey, Vezey, Williams                                            
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
Absent:  Moses, Sitton                                                         
                                                                               
                                                                               
And so, Amendment No. 6 as amended was adopted.                                
                                                                               

1994-04-15                     House Journal                      Page 3521
HB 392                                                                       
Representative Phillips moved and asked unanimous consent that                 
CSHB 392(FIN) am be considered engrossed, advanced to third                    
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
                                                                               
CSHB 392(FIN) am was read the third time.                                      
                                                                               
                                                                               
The question being:  "Shall CSHB 392(FIN) am pass the House?"  The             
roll was taken with the following result:                                      
                                                                               
CSHB 392(FIN) am                                                               
Third Reading                                                                  
Final Passage                                                                  
YEAS:  32   NAYS:  3   EXCUSED:  4   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Brown, Bunde, Carney, Davidson, G.Davis, Finkelstein,           
Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson,               
Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund,                  
Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey,        
Vezey, Williams                                                                
                                                                               
Nays:  Brice, Davies, Martin                                                   
                                                                               
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
Absent:  Moses                                                                 
                                                                               
                                                                               
And so, CSHB 392(FIN) am passed the House.                                     
                                                                               
                                                                               
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 clauses.  There being no objection, it was so ordered.          
                                                                               
Representative Brown gave notice of reconsideration of her vote on             
CSHB 392(FIN) am.                                                              
                                                                               

1994-04-15                     House Journal                      Page 3522
HB 400                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 400                                                            
"An Act relating to administrative proceedings involving a                    
determination of eligibility for a permanent fund dividend or                  
authority to claim a dividend on behalf of another."                           
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  2DP 3NR                                                 2638         
	-FISCAL NOTE (REV) 3/7/94                                        2639         
	FIN RPT  1DP 7NR 1AM                                             3370         
	-FISCAL NOTE (REV) 4/12/94                                       3370         
                                                                               
Representative Phillips moved and asked unanimous consent that HB
400 be considered engrossed, advanced to third reading and placed on           
final passage.                                                                 
                                                                               
                                                                               
Representative Brown objected.                                                 
                                                                               
The Speaker stated that HB 400 will be in third reading on the April           
18, 1994, calendar.                                                            
                                                                               
                                                                               
HB 420                                                                       
The following was read the second time:                                        
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420                                     
"An Act relating to limited liability companies; amending Alaska              
Rules of Civil Procedure 20 and 24; and providing for an effective             
date."                                                                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  1DP 3NR                                                 2676         
	-ZERO FISCAL NOTE (DCED) 3/9/94                                  2676         
	JUD RPT  CSSS(JUD) NEW TITLE 4DP 1NR                             3153         
	-PREVIOUS ZERO FISCAL NOTE (DCED) 3/9/94                         3153         
	STA RPT  CSSS(STA) NEW TITLE 1DP 4NR                             3403         
	-PREVIOUS ZERO FISCAL NOTE (DCED) 3/9/94                         3404         

1994-04-15                     House Journal                      Page 3523
HB 420                                                                       
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
420(STA)                                                                       
"An Act relating to limited liability companies; and providing for            
an effective date."                                                            
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Therriault:                      
                                                                               
Page 55, line 24:                                                              
                                                                               
Delete "January"                                                              
Insert "July"                                                                 
                                                                               
                                                                               
Representative Therriault moved and asked unanimous consent that               
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSSSHB 420(STA)(efd am) be considered engrossed, advanced to                   
third reading and placed on final passage.                                     
                                                                               
Representative Brown objected.                                                 
                                                                               
The Speaker stated that CSSSHB 420(STA)(efd am) will be in third               
reading on the April 18, 1994, calendar.                                       
                                                                               
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
                                                                               
HCR 34                                                                       
The following was read the second time:                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 34                                            
Declaring June 5 - 11, 1994, as Alaska Garden Week.                           
                                                                               

1994-04-15                     House Journal                      Page 3524
HCR 34                                                                       
with the:                                                 Journal Page         
                                                                               
	L&C RPT  4DP                                                     3402         
	-ZERO FISCAL NOTE (H.L&C) 4/13/94                                3403         
                                                                               
The question being:  "Shall HCR 34 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HCR 34                                                                         
Second Reading                                                                 
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson,              
James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder,                  
Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders,       
Sitton, Therriault, Toohey, Vezey, Williams                                    
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
Absent:  Moses                                                                 
                                                                               
Parnell changed from "Nay" to "Yea".                                           
Finkelstein changed from "Nay" to "Yea".                                       
                                                                               
And so, HCR 34 passed the House and was referred to the Chief Clerk            
for engrossment.                                                               
                                                                               
                                                                               
HR 9                                                                         
The following was read the second time:                                        
                                                                               
HOUSE RESOLUTION NO. 9                                                        
Protecting the lifestyle of pachyderms and other exotic animals.              
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  5DP                                                     3424         
	-ZERO FISCAL NOTE (H.STA) 4/14/94                                3425         

1994-04-15                     House Journal                      Page 3525
HR 9                                                                         
The question being:  "Shall HR 9 pass the House?"  The roll was taken          
with the following result:                                                     
                                                                               
HR 9                                                                           
Second Reading                                                                 
Final Passage                                                                  
                                                                               
YEAS:  26   NAYS:  8   EXCUSED:  4   ABSENT:  2                              
                                                                               
Yeas:  Barnes, Bunde, Carney, G.Davis, Foster, Grussendorf, Hanley,            
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Mulder,                  
Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault,       
Toohey, Vezey, Williams                                                        
                                                                               
Nays:  Brice, Brown, Davies, Finkelstein, Green, Menard, Nicholia,             
Nordlund                                                                       
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
Absent:  Davidson, Moses                                                       
                                                                               
Williams changed from "Nay" to "Yea".                                          
                                                                               
And so, HR 9 passed the House.                                                 
                                                                               
Representative Menard gave notice of reconsideration of his vote on            
HR 9.                                                                          
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House approve the citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
                                                                               
Honoring - 1993 Alaska Native Youth Media Conference Students                  
from the North Slope Borough Area                                              
By Representatives MacLean, Brice, Brown, Davidson, B.Davis,                   
Foster, James, Mackie, Menard, Navarre, Nicholia, Parnell, Phillips,           
Toohey, Willis; Senator Adams                                                  
                                                                               

1994-04-15                     House Journal                      Page 3526
Honoring - Helen Melick                                                        
By Representatives Willis, Brice, Brown, Bunde, Carney, Davidson,              
B.Davis, Finkelstein, James, Kott, Mackie, Menard, Mulder, Navarre,            
Nicholia, Sitton, Toohey, Vezey, Williams                                      
                                                                               
In Memoriam - Leo Estrada                                                      
By Representatives Willis, G.Davis, Brice, Brown, Bunde, Carney,               
Davidson, B.Davis, Finkelstein, Foster, James, Kott, Mackie, MacLean,          
Martin, Menard, Mulder, Navarre, Nicholia, Phillips, Sanders, Sitton,          
Toohey, Vezey, Williams                                                        
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 520                                                                       
The Speaker waived the Transportation Committee referral on the                
following at the request of Representative Foster, Chair:                      
                                                                               
HOUSE BILL NO. 520                                                            
"An Act relating to the operation of courtesy cars at certain                 
airports."                                                                     
                                                                               
HB 520 was referred to the Finance Committee.                                  
                                                                               
                                                                               
SB 310                                                                       
The Speaker added a Finance Committee referral to follow the                   
Resources Committee referral for the following:                                
                                                                               
CS FOR SENATE BILL NO. 310(RES)                                               
"An Act relating to the management and sale of state timber and               
relating to the administration of forest land."                                
                                                                               
SB 310 is in the Resources Committee.                                          
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 417                                                                       
Representative Mackie brought up reconsideration of the vote on                
CSHB 417(JUD) (page 3437).                                                     
                                                                               

1994-04-15                     House Journal                      Page 3527
HB 417                                                                       
The following was again before the House in third reading:                     
                                                                               
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."           
                                                                               
Representative Mackie moved and asked unanimous consent that                   
CSHB 417(JUD) be returned to second reading for the specific purpose           
of considering Amendment No. 5.  There being no objection, it was so           
ordered.                                                                       
                                                                               
Amendment No. 5 was offered  by Representatives Nicholia, Mackie,               
Foster and MacLean:                                                            
                                                                               
                                                                               
Page 2, line 18, after "weapon":                                           
Delete "."                                                                    
Insert ";"                                                                
                                                                               
                                                                               
Page 2, following line 18:                                                     
Insert "(C)  firearm that is unloaded and is possessed by an                
individual while traversing school premises for the purpose of                 
gaining access to public or private lands open to hunting."                  
                                                                               
Representative Mackie moved and asked unanimous consent that                   
Amendment No. 5 be adopted.                                                    
                                                                               
Representative Bunde objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 417(JUD)--RECONSIDERATION                                                 
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  31   NAYS:  3   EXCUSED:  4   ABSENT:  2                              

1994-04-15                     House Journal                      Page 3528
HB 417                                                                       
Yeas:  Barnes, Brice, Brown, Carney, Davies, G.Davis, Finkelstein,             
Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson,               
Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia,                    
Nordlund, Olberg, Parnell, Phillips, Sanders, Sitton, Toohey, Vezey,           
Williams                                                                       
                                                                               
Nays:  Bunde, Porter, Therriault                                               
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
Absent:  Davidson, Moses                                                       
                                                                               
                                                                               
And so, Amendment No. 5 was adopted.                                           
                                                                               
                                                                               
The question to be reconsidered:  "Shall CSHB 417(JUD) am pass the             
House?"  The roll was taken with the following result:                         
                                                                               
CSHB 417(JUD) am--RECONSIDERATION                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  33   NAYS:  0   EXCUSED:  4   ABSENT:  3                              
                                                                               
                                                                               
Yeas:  Barnes, Brown, Bunde, Carney, Davies, G.Davis, Finkelstein,             
Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson,               
Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia,                    
Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault,      
Toohey, Vezey, Williams                                                        
                                                                               
                                                                               
Excused:  B.Davis, Hoffman, Ulmer, Willis                                      
                                                                               
Absent:  Brice, Davidson, Moses                                                
                                                                               
                                                                               
And so, CSHB 417(JUD) am passed the House on reconsideration and               
was referred to the Chief Clerk for engrossment.                               
                                                                               

1994-04-15                     House Journal                      Page 3529
                             UNFINISHED BUSINESS                             
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following member be excused from a call of the House as noted:                 
                                                                               
Representative B.Davis - from 7:00 p.m., April 22 to 10:00 p.m., plane         
time, April 24, 1994                                                           
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
HB 301                                                                       
Representative Navarre added his name as cosponsor to:                         
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
301(L&C)                                                                       
"An Act prohibiting the sale of certain studded tires or the sale of          
certain studs to be installed in tires; and providing for an effective         
date."                                                                         
                                                                               
HB 392                                                                       
Representative Mulder added his name as cosponsor to:                          
                                                                               
CS FOR HOUSE BILL NO. 392(FIN) am                                             
"An Act relating to the confidentiality of permanent fund dividend            
application information; relating to the permanent fund dividend               
program; and providing for an effective date."                                 
                                                                               
SB 228                                                                       
Representative Navarre added his name as cross-sponsor to:                     
                                                                               
SENATE BILL NO. 228                                                           
"An Act relating to bail after conviction for various felonies if the         
defendant has certain previous felony convictions."                            
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HCR 34                                                                       
HCR 34 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               

1994-04-15                     House Journal                      Page 3530
HB 47                                                                        
CSHB 47(FIN) was engrossed, signed by the Speaker and Chief Clerk              
and transmitted to the Senate for consideration.                               
                                                                               
HB 301                                                                       
CSSSHB 301(L&C) was engrossed, signed by the Speaker and Chief                 
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 417                                                                       
CSHB 417(JUD) am was engrossed, signed by the Speaker and Chief                
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 11:00 a.m., April 18, 1994.   There being no               
objection, the House adjourned at 5:23 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk