Legislature(1993 - 1994)
1994-04-15 House Journal
Full Journal pdf1994-04-15 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; 1994-04-15 House Journal Page 3503 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