Legislature(1995 - 1996)

1996-03-18 Senate Journal

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1996-03-18                     Senate Journal                      Page 2778
HB 419                                                                       
CS FOR HOUSE BILL NO. 419(STA) An Act relating to the                          
disposal of property, including firearms and ammunition was read               
the second time.                                                               
                                                                               
Senators Phillips, Miller, Leman, Frank moved and asked unanimous              
consent that they be shown as cross sponsors on the bill.  Without             
objection, it was so ordered.                                                  
                                                                               
Senator Miller offered Amendment No. 1 :                                        
                                                                               
Page 2, following line 26:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 4.  AS17.30.122 is amended to read:                               
	Sec. 17.30.122.  STATE DISPOSAL OF                                           
FORFEITED PROPERTY.  Property forfeited under                                  
AS17.30.110 - 17.30.126 other than controlled substances                       
and firearms shall be disposed of by the commissioner of                   
administration in accordance with applicable law.   Firearms                 
shall be disposed of as provided in AS18.65.340.  As to                        
property other than firearms or controlled substances, the                   
[THEß commissioner of administration may                                       
		(1)  destroy property harmful to the public;                                
		(2)  sell the property and use the proceeds                                 
for payment of all proper expenses of the proceedings for                      
forfeiture and sale, including expenses of seizure, custody,                   
and court costs;                                                               
		(3)  take custody of the property and                                       
authorize its use in the enforcement of this chapter or                        
AS11.71, or transfer it to another agency of the state or a                    
political subdivision of the state for a use in furtherance of                 
the administration of justice;                                                 
		(4)  take custody of the property and                                       
remove it for disposition in accordance with law;                              
                                                                               

1996-03-18                     Senate Journal                      Page 2779
HB 419                                                                       
		(5)  forward it to the Drug Enforcement                                     
Administration of the United States Department of Justice                      
for disposition; or                                                            
		(6)  transfer ownership of an aircraft to the                               
Alaska Wing, Civil Air Patrol."                                                
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Page 2, line 30:                                                               
	Delete "Except for disposals under AS17.30.122, the"                          
	Insert "The"                                                                  
                                                                               
Senator Miller moved for the adoption of Amendment No. 1.                      
Senator Duncan objected.                                                       
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSHB 419(STA)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  15   NAYS:  3   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Halford, Hoffman, Kelly, Leman, Lincoln,                 
Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff          
                                                                               
Nays:  Duncan, Ellis, Salo                                                     
                                                                               
Excused:  Adams, Green                                                         
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Senator Ellis objected.                                              
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
                                                                               

1996-03-18                     Senate Journal                      Page 2780
HB 419                                                                       
                                                                               
CSHB 419(STA) am S                                                             
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  11   NAYS:  7   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Kelly, Leman, Miller, Pearce, R.Phillips,               
Rieger, Sharp, Taylor, Torgerson                                               
                                                                               
Nays:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                  
                                                                               
Excused:  Adams, Green                                                         
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
CS FOR HOUSE BILL NO. 419(STA) am S will appear on the                         
March 20 calendar.