Legislature(1993 - 1994)

04/09/1994 10:10 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                     HOUSE FINANCE COMMITTEE                                   
                          April 9, 1994                                        
                           10:10 a.m.                                          
                                                                               
  TAPE HFC 94-116, Side 2, #000 - end.                                         
  TAPE HFC 94-117, Side 1, #000 - end.                                         
  TAPE HFC 94-117, Side 2, #000 - end.                                         
  TAPE HFC 94-118, Side 1, #000 - end.                                         
  TAPE HFC 94-118, Side 2, #000 - end.                                         
  TAPE HFC 94-119, Side 1, #000 - end.                                         
  TAPE HFC 94-119, Side 2, #000 - end.                                         
  TAPE HFC 94-120, Side 1, #000 - 204.                                         
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Larson called the House  Finance Committee to order                 
  at 10:10 a.m.                                                                
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson             Representative Martin                            
  Co-Chair MacLean            Representative Navarre (via                      
  Vice-Chair Hanley           teleconference from Anchorage)                   
  Representative Brown        Representative Parnell                           
  Representative Grussendorf    Representative Therriault (via                 
                                teleconference from Anchorage)                 
                                                                               
  Representatives Hoffman and Foster were  not present for the                 
  meeting.                                                                     
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Representative Jeanette James; Representative  Brian Porter;                 
  Representative Fran Ulmer; Representative Jim Nordlund; Jeff                 
  Feldman,  Attorney,  Alaska  Trial  Lawyers;  Cindy   Smith,                 
  Director,  Alaska Network  on Domestic  Violence  and Sexual                 
  Assault; Jayne  Andreen,  Council on  Domestic Violence  and                 
  Sexual Assault;  Dean  Guaneli,  Chief,  Assistant  Attorney                 
  General,  Department of  Law;  John George,  Alaska  Outdoor                 
  Council;  Mike  Leismeir,  Attorney;  Sherrie  Goll,  Alaska                 
  Women's Lobby;  Jerry Luckhaupt, Legislative  Legal Counsel,                 
  Legislative   Affairs   Agency;  C.E.   Swackhammer,  Deputy                 
  Commissioner,  Department  of  Public   Safety;  Mike  Ford,                 
  Legislative Legal Counsel, Legislative Affairs Agency; Chris                 
  Christensen, Staff Counsel, Alaska Court System.                             
                                                                               
  SUMMARY INFORMATION                                                          
                                                                               
  HB 351    "An Act relating  to the  issuance of permits  for                 
            the carrying of a concealed weapon."                               
                                                                               
            HB  351   was  HELD   in  Committee   for  further                 
                                                                               
                                1                                              
                                                                               
                                                                               
            discussion.                                                        
                                                                               
  HB 292    "An Act relating to civil actions; amending Alaska                 
            Rules of Civil Procedure 49  and 68; and providing                 
            for an effective date."                                            
                                                                               
            HB  292  was   HELD  in   Committee  for   further                 
            discussion.                                                        
  HOUSE BILL NO. 351                                                           
                                                                               
       "An  Act relating to  the issuance  of permits  for the                 
       carrying of a concealed weapon."                                        
                                                                               
  CINDY SMITH, DIRECTOR, ALASKA  NETWORK ON DOMESTIC  VIOLENCE                 
  AND SEXUAL ASSAULT testified  in opposition to HB 351.   She                 
  pointed out  that 37 percent  of homicides  in Alaska  occur                 
  from  hand guns.   She noted that  only 10 to  15 percent of                 
  homicides in  Alaska are  at the  hands of  strangers.   The                 
  majority  of  the  offenders  have no  prior  record.    She                 
  emphasized  that  the issue  is  not  whether a  gun  can be                 
  carried, but  if a gun can  be hidden.  She  maintained that                 
  concealed  weapon legislation will  not reduce the incidence                 
  of violence.                                                                 
                                                                               
  Ms. Smith requested that shelters and safe homes be added to                 
  the list of places where concealed guns can be carried.  She                 
  asked that permits not be granted  if a restraining order is                 
  in  place.   She  suggested  that  permits be  rejected  for                 
  several years after a restraining order has been in place.                   
                                                                               
  JAYNE  ANDREEN,  COUNCIL  ON  DOMESTIC  VIOLENCE  spoke   in                 
  opposition to HB  351.  She maintained  that the legislation                 
  will  increase  risk  to victims  of  domestic  violence and                 
  sexual  assault.     She noted  that irrational  behavior is                 
  increased  in cases of domestic violence.  She stressed that                 
  staff of domestic  shelters have been the target of threats.                 
  She questioned the need for concealed weapons.                               
                                                                               
  DEAN GUANELI,  CHIEF ASSISTANT  ATTORNEY, DEPARTMENT  OF LAW                 
  testified in opposition to HB 351.  He provided members with                 
  a  paper titled, "To conceal  or not to  conceal, that it is                 
  the question"  (copy on  file).   He emphasized  that it  is                 
  legal  to carry  concealed  weapons, in  the  home and  when                 
  engaged  in lawful outdoor  activity.  He  suggested that is                 
  unnecessary  to carry  concealed  weapons in  banks,  doctor                 
  offices, grocery stores and other downtown areas.                            
                                                                               
  Mr. Guaneli emphasized that crimes in the home have not been                 
  reduced  as the  result  of the  ability  to have  concealed                 
  weapons  in the home.   He pointed out  that those that work                 
  with victims of crime are opposed to the bill.  He suggested                 
                                                                               
                                2                                              
                                                                               
                                                                               
  that the rate of accidents will increase if more guns are on                 
  the  street.   He  recommended  that mandatory  insurance be                 
  required of those that carry concealed weapons.                              
                                                                               
  Mr. Guaneli  recommended that standards for  intoxication be                 
  adopted  in  regards  to  the possession  of  weapons.    He                 
  asserted  that  the  bill allows  to  many  individuals with                 
  criminal records to obtain hand gun permits.   He maintained                 
  that the minimum age  of 21 years will create  problems.  He                 
  noted  no  testimony  was  taken   in  the  House  Judiciary                 
  Committee.  He  asserted that the legislation  needs further                 
  work.  He discussed the competence requirement.                              
                                                                               
  Representative Grussendorf  expressed concern with  the need                 
  for  qualifications for  permits.   Mr.  Guaneli recommended                 
  that a lengthy juvenile record and  a range of crimes should                 
  disqualify a permittee.                                                      
                                                                               
  JOHN  GEORGE, ALASKA OUTDOOR COUNCIL  spoke in support of HB
  351.  He maintained that  a permitted concealed weapon would                 
  be  the  safest  handgun in  the  state  of  Alaska, due  to                 
  requirements  of  the  legislation.     He  noted  that  the                 
  legislation requires training  in the use and  law regarding                 
  handguns.                                                                    
                                                                               
  SHERRIE  GOLL,   ALASKA  WOMEN'S  CONFERENCE   testified  in                 
  opposition to HB  351.  She maintained that  the legislation                 
  will not make the state safer for women.  She emphasized the                 
  potential  influence  of  concealed weapons  for  victims of                 
  stalking.   She stressed  that the  state of  Alaska's crime                 
  rate  is low.  She noted that laws regarding the carrying of                 
  weapons are liberal in the state of Alaska.                                  
                                                                               
  REPRESENTATIVE JEANNETTE JAMES  noted that the  Subcommittee                 
  had  incorporated   several  amendments   into  a   proposed                 
  committee  substitute.   She indicated  that  the amendments                 
  could be brought before the Committee individually.                          
                                                                               
  Co-Chair MacLean MOVED to  ADOPT CSHB 351 (JUD) as  the bill                 
  before the Committee.   There being NO OBJECTION, it  was so                 
  ordered.                                                                     
                                                                               
  Representative James referred  to the legislation as  a "gun                 
  safety"  bill.   She  maintained  that the  legislation will                 
  protect  the rights  and  responsibility  of individuals  to                 
  protect  themselves.    She  stated  that  police  have  the                 
  responsibility to protect  the public safety.   She asserted                 
  that  police do not  have the responsibility  to protect the                 
  individual.  She  discussed the  use of deadly  force.   She                 
  pointed  out  that the  bill was  heard  in the  House State                 
  Affairs Committee.                                                           
                                                                               
                                                                               
                                3                                              
                                                                               
                                                                               
  (Tape Change, HFC 94-117, Side 1)                                            
                                                                               
  Representative James provided members with AMENDMENT 1 (copy                 
  on file).  She explained that  amendment 1 would delete "and                 
  locked" gun case.   She stated that many gun cases cannot be                 
  locked.   In  addition, amendment  1 would  add language  to                 
  clarify that a concealed weapon could  not be carried in "an                 
  office  of the state, federal government,  or of a political                 
  subdivision of the state that is not located in a building".                 
  Amendment 1 would also require that an "illegible" permit be                 
  reported.                                                                    
                                                                               
  Representative   Martin   MOVED   to   ADOPT  AMENDMENT   1.                 
  Representative Grussendorf OBJECTED.   A roll call  vote was                 
  taken on the MOTION.                                                         
                                                                               
  IN FAVOR: Hanley,  Martin,  Parnell,   Therriault,  MacLean,                 
                 Larson                                                        
  OPPOSED:  Brown, Grussendorf                                                 
                                                                               
  Representatives Foster, Hoffman and Navarre were absent from                 
  the vote.                                                                    
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  Representative James provided members with AMENDMENT 2.  She                 
  explained that amendment  2 would provide that a  person not                 
  suffer from  a physical  infirmity which  prevents the  safe                 
  handling  of  a handgun;  requires  that permits  be granted                 
  after 45 days of receipt of the application; provides for an                 
  appeal if the permit is denied; and clarifies that the make,                 
  model or serial number is not required.                                      
                                                                               
  Representative Brown MOVED  to DIVIDE the question  to allow                 
  the portion  contained on page  3, lines 10 and  11 to stand                 
  alone.   Representative Martin  OBJECTED.  A  roll call vote                 
  was taken on the MOTION.                                                     
                                                                               
  IN FAVOR: Brown,  Grussendorf,  Hanley,   Parnell,  MacLean,                 
                 Larson                                                        
  OPPOSED:  Therriault, Martin                                                 
                                                                               
  Representatives Foster, Hoffman and Navarre were absent from                 
  the vote.                                                                    
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  Representative Brown MOVED  to ADOPT AMENDMENT  2A contained                 
  on page 3, lines  10 and 11.  Co-Chair MacLean  OBJECTED.  A                 
  roll call vote was taken on the MOTION.                                      
                                                                               
  IN FAVOR: Therriault, Brown, Hanley, Martin, Parnell                         
                                                                               
                                4                                              
                                                                               
                                                                               
  OPPOSED:  Grussendorf, Larson, MacLean                                       
                                                                               
  Representatives Foster, Hoffman and Navarre were absent from                 
  the vote.                                                                    
                                                                               
  Representative   Martin  MOVED   to   ADOPT  AMENDMENT   2B.                 
  Representative Brown MOVED to AMEND the amendment to add "or                 
  mental" after "physical".  Discussion  pursued in regards to                 
  the ability to judge if a mental infirmity can be determined                 
  by the Department  of Public  Safety.  Representative  James                 
  pointed out  that page  4, line  5 prevents  those suffering                 
  from  mental illness as  defined in AS  47.39.015 from being                 
  permitted.  She asserted that  the legislation covers mental                 
  infirmities.                                                                 
                                                                               
  Representative Martin OBJECTED to the amendment to amendment                 
  2A.  A roll call vote was taken on the MOTION.                               
                                                                               
  IN FAVOR: Brown, Grussendorf, MacLean                                        
  OPPOSED:  Hanley, Martin, Parnell, Therriault, Larson                        
                                                                               
  Representatives Foster, Hoffman and Navarre were absent from                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (3-5).                                                     
                                                                               
  Representative  Hanley expressed  concern that  a background                 
  check could take  longer than  the 45 days  provided for  in                 
  amendment 2B.  Representative  James stated that  background                 
  checks can be completed in five days.   Representative James                 
  emphasized that the  intent of the  amendment is to  prevent                 
  law enforcement from delaying applications.                                  
                                                                               
  Representative Hanley MOVED  to AMEND amendment 2B  (copy on                 
  file).   He  explained  that the  amendment to  amendment 2B                 
  would provide  that the "department shall request background                 
  information under this  subsection within  five days of  the                 
  receipt of  an application."   There being NO  OBJECTION, it                 
  was so ordered.                                                              
                                                                               
  Representative  Brown  MOVED to  DIVIDE  AMENDMENT 2B.   She                 
  expressed concern with the portion  requiring that the make,                 
  model  or  serial number  is  not required.   Representative                 
  Parnell OBJECTED.  A roll call vote was taken on the MOTION.                 
                                                                               
  IN FAVOR: Brown, Larson                                                      
  OPPOSED:  Grussendorf, Hanley, Martin,  Parnell, Therriault,                 
                 MacLean                                                       
                                                                               
  Representatives Foster, Hoffman and Navarre were absent from                 
  the vote.                                                                    
                                                                               
                                                                               
                                5                                              
                                                                               
                                                                               
  The MOTION FAILED (2-6).                                                     
                                                                               
  Representative   Martin  MOVED   to   ADOPT  AMENDMENT   2B.                 
  Representative Brown  OBJECTED.  A roll call  vote was taken                 
  on the MOTION.                                                               
                                                                               
  IN FAVOR: Grussendorf, Hanley, Martin,  Parnell, Therriault,                 
                 Larson                                                        
  OPPOSED:  Brown, MacLean                                                     
                                                                               
  Representatives Foster, Hoffman and Navarre were absent from                 
  the vote.                                                                    
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  Representative James provided members with AMENDMENT 3.  She                 
  explained that amendment  3 would  prevent additions to  the                 
  list  of  items  that  can  be   included  on  the  list  of                 
  requirements for the  granting of a  permit.  The  amendment                 
  also would clarify requirements of the permit and reiterated                 
  that the guns would not be registered by the Department.                     
                                                                               
  Representative  Parnell questioned how  a history  of mental                 
  illness  would   be  ascertained   in  the   records  check.                 
  Discussion pursued  in regards to  mental health  background                 
  checks.  Representative Brown maintained that amendment 3 is                 
  not  consistent   with  other   provisions   of  the   bill.                 
  Representative  James noted that page  5, line 5 states that                 
  an applicant  qualifies under  AS 18.65.705,  Qualifications                 
  for a Permit.                                                                
                                                                               
  C.E. SWACKHAMMER, DEPUTY COMMISSIONER, DEPARTMENT OF  PUBLIC                 
  SAFETY expressed  concern that the amendment  would preclude                 
  enforcement officers from ascertaining if an applicant has a                 
  record of misdemeanor offenses.  He  noted that the FBI does                 
  not enter misdemeanor offenses in their data base.                           
                                                                               
  Representative Martin  MOVED to ADOPT  AMENDMENT 3.   A roll                 
  call vote was taken on the MOTION.                                           
                                                                               
  IN FAVOR: Martin                                                             
  OPPOSED:  Grussendorf, Brown,  Hanley, Parnell,  Therriault,                 
                 MacLean, Larson                                               
                                                                               
  Representatives Foster, Hoffman and Navarre were absent from                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (1-7).                                                     
                                                                               
  (Tape Change, HFC 94-117, Side 2)                                            
                                                                               
  Representative James provided members with AMENDMENT 4.  She                 
                                                                               
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  explained that amendment 4 addresses  the handgun course for                 
  the demonstration of  competence.   Amendment 4 states  that                 
  the "department shall approve any handgun course that tests"                 
  the  applicants.   Amendment 4 also  adds new  paragraphs to                 
  read:  "(2) familiarity with the  basic concepts of the safe                 
  and responsible  use  of  handguns;  (3)knowledge  of  self-                 
  defense principles; and".                                                    
                                                                               
  Mr. Swackhammer noted that the qualifications would not meet                 
  law  enforcement  qualifications.     Representative   James                 
  emphasized that there is no intent to meet the same standard                 
  of qualifications as law enforcement officers.                               
                                                                               
  Mr.  Swackhammer  questioned the  amendments  use  of "shall                 
  approve any handgun course."  He stressed that the amendment                 
  would interfere with the department's use of discretion.                     
                                                                               
  Representative Hanley  maintained that the  Department needs                 
  to be allowed discretion.                                                    
                                                                               
  Representative  Parnell   MOVED  to  DIVIDE   the  Question,                 
  Amendment 4A would state: "The  department shall approve any                 
  handgun course that tests" and deletes "and" on page 6, line                 
  3.  There being NO OBJECTION, it was so ordered.                             
                                                                               
  Representative Parnell MOVED  to ADOPT AMENDMENT 4B.   There                 
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  Amendment 4A was not moved.                                                  
                                                                               
  HB 351 was HELD in Committee for further discussion.                         
  HOUSE BILL NO. 292                                                           
                                                                               
       "An  Act  relating to  civil  actions;  amending Alaska                 
       Rules of Civil  Procedure 49 and 68; and  providing for                 
       an effective date."                                                     
                                                                               
  SHERRIE GOLL, ALASKA WOMEN'S LOBBY spoke in opposition to HB
  292.   She  maintained that the  legislation will  limit the                 
  rights of women and  children to be justly compensated  when                 
  they are the victims of someone else's reckless and careless                 
  conduct.  She  pointed out  that there is  a $10.0  thousand                 
  dollars cap on  non-economic damages  for a single  person's                 
  death as the  result of  negligence.  She  gave examples  of                 
  claims that would be limited or barred by the legislation.                   
                                                                               
  Ms. Goll noted that  there is no mandate to  lower insurance                 
  premiums.  She  discussed the  cap on non-economic  damages.                 
  She maintained that non-economic damages can be articulated.                 
  She  asserted  that  caps adversely  affect  those  that are                 
  catastrophically injured.  She questioned  the cap placed on                 
                                                                               
                                7                                              
                                                                               
                                                                               
  catastrophically injured individuals and  the definitions of                 
  "catastrophic."  She noted that the Alaska Women's Lobby and                 
  Kidpac have problems with several portions of the bill.  She                 
  urged that the bill not be moved.                                            
                                                                               
  REPRESENTATIVE  BRIAN   PORTER  explained  that   the  $10.0                 
  thousand dollars  cap on  non-economic damages  is for  non-                 
  dependents.  He clarified that there are three categories of                 
  damages,  economic, non-economic and  punitive.   He briefly                 
  defined  the  categories.    He  noted that  dependents  can                 
  recover economic damages.  He  observed that amendments have                 
  been adopted  to  alleviate concerns.    He noted  that  the                 
  legislation does not contain caps for economic damages.   He                 
  further discussed caps contained in the bill.                                
                                                                               
  Representative Parnell MOVED to ADOPT  AMENDMENT 1 on behalf                 
  of  Representative Porter  (copy on  file).   Representative                 
  Porter explained  that amendment 1  would insert  "prolonged                 
  exposure to hazardous  waste" as an exception to the statute                 
  of repose.  There being NO OBJECTION, it was so ordered.                     
                                                                               
  Representative  Porter  provided  members  with AMENDMENT  2                 
  (copy on file).  He explained that the amendment would place                 
  in  statute  civil  rule 11.    The  amendment  is aimed  at                 
  reducing the motivation  of filing  specious lawsuits.   The                 
  amendment would require sanctions from the court.  The court                 
  "shall" implement sanctions of up  to $10.0 thousand dollars                 
  if it rules that a case without merit.                                       
                                                                               
  Representative Parnell MOVED to ADOPT AMENDMENT 2.                           
                                                                               
  CHRIS CHRISTENSEN,  GENERAL  COUNSEL,  ALASKA  COURT  SYSTEM                 
  testified  that  the amendment  would  mandate the  court to                 
  place  sanctions.    He recommended  that  the  court retain                 
  discretion.  He  suggested that  the amendment may  increase                 
  the Alaska Court System's fiscal note.                                       
                                                                               
                                                                               
  MIKE  FORD,   LEGAL  COUNSEL,  LEGISLATIVE   AFFAIRS  AGENCY                 
  stressed that the  amendment could  be interpreted to  cover                 
  specious  motions  or  pleading.    He  suggested  that  the                 
  amendment could act as a disincentive for specious actions.                  
                                                                               
  Representative  Brown OBJECTED.  A roll  call vote was taken                 
  on the MOTION.                                                               
                                                                               
  IN FAVOR: Grussendorf,  Navarre,  Hanley,  Martin,  Parnell,                 
                 Therriault, MacLean, Larson                                   
  OPPOSED:  Brown                                                              
                                                                               
  Representatives Foster  and  Hoffman were  absent  from  the                 
  vote.                                                                        
                                                                               
                                8                                              
                                                                               
                                                                               
  The MOTION PASSED (8-1).                                                     
                                                                               
  Mr.  Ford gave  a brief overview  of legislative  history of                 
  tort reform.                                                                 
                                                                               
  (Tape Change, HFC 94-118, Side 1)                                            
                                                                               
  Mr. Ford briefly reviewed the legislation by section.                        
                                                                               
  Representative Porter  clarified that an  injury accrues  at                 
  the time that the injury is discovered  or reasonably should                 
  have  been  discovered as  opposed  to the  time  the injury                 
  occurred.                                                                    
                                                                               
  Representative Brown provided members with AMENDMENT 3 (copy                 
  on file).   She explained  that amendment 3  would make  the                 
  purpose section consistent with the findings.  The amendment                 
  would  insert  "except in  a  few limited  circumstances" to                 
  acknowledge that some injuries will not be compensated.                      
                                                                               
  Representative Brown MOVED to ADOPT AMENDMENT 3.                             
                                                                               
  JEFF FELDMAN,  ATTORNEY, ALASKA TRIAL LAWYERS  asserted that                 
  false statements are made  in both the findings  and purpose                 
  sections  of  the  legislation.    He  maintained  that  the                 
  legislation  would exclude a great number of claims beyond a                 
  limited set of circumstances.                                                
                                                                               
  MIKE  LEISMEIR,  ATTORNEY disagreed  with  Mr. Feldman.   He                 
  alleged that  circumstances which  are specifically  defined                 
  will be effected.                                                            
                                                                               
  Representative Navarre  stressed that  the legislation  will                 
  bar all kinds  of claims.   He stated  that the  legislation                 
  reduces  the  cost of  litigation  by  barring  claims.   He                 
  estimated that the state  would pick up the cost  of injured                 
  parties.                                                                     
                                                                               
  Representative Martin OBJECTED.  A roll call vote was  taken                 
  on the MOTION to adopt amendment 3.                                          
                                                                               
  IN FAVOR: Brown,  Grussendorf,  Navarre,   Hanley,  Parnell,                 
                 Therriault, MacLean, Larson                                   
  OPPOSED:  Martin                                                             
                                                                               
  Representatives  Foster and  Hoffman  were  absent from  the                 
  vote.                                                                        
                                                                               
  The MOTION PASSED (8-1).                                                     
                                                                               
  Representative Brown provided members with AMENDMENT 4 (copy                 
                                                                               
                                9                                              
                                                                               
                                                                               
  on file).  She  explained that amendment 4 would  remove the                 
  statute  of  repose  proposal  from  the legislation.    She                 
  emphasized  that the  Attorney  General  suggested that  the                 
  proposal may be unconstitutional.                                            
                                                                               
  Mr.  Feldman  agreed that  the  statute of  repose provision                 
  would be held unconstitutional  by the court.   He explained                 
  that  the  statute  of  repose  would divide  citizens  into                 
  separate classes.                                                            
  He   maintained  that   the  provision   will  create   more                 
  litigation.                                                                  
                                                                               
  Mr.  Leismeir  stressed  that  the   issue  is  whether  the                 
  legislature has  the authority to adopt a statute of repose.                 
  He disagreed that the Supreme Court would reject any statute                 
  of repose.  He held that the proposal applies equally to all                 
  parties.                                                                     
                                                                               
  Representative Martin discussed the section of severability.                 
                                                                               
  REPRESENTATIVE JIM  NORDLUND recommended that  the Committee                 
  consider  the  Attorney General's  opinion.   He  quoted the                 
  opinion  as stating:   "We  believe that the  Alaska Supreme                 
  Court  will  probably find  the  proposed statute  of repose                 
  invalid under  several alternative provisions  of the Alaska                 
  Constitution  including;  equal  protection,   due  process,                 
  obligation of contracts, and right to a jury trial."                         
                                                                               
  Representative Parnell noted that lawyers can differ.                        
                                                                               
  Mr. Feldman  stressed that  class distinctions  are not  the                 
  same  under  the statute  of repose.    He gave  examples of                 
  differentials of when  citizens could  bring their claim  to                 
  court.                                                                       
                                                                               
  Representative Brown emphasized that  the statute of  repose                 
  provision  would  barr claims  after  six years.    She gave                 
  examples of  cases where  individuals would  not be  able to                 
  seek compensation.                                                           
                                                                               
  Representative Porter  spoke in  support of  the statute  of                 
  repose provision.   Discussion pursued regarding theoretical                 
  cases involving the proposed statute of repose provision.                    
                                                                               
  (Tape Change, HFC 94-118, Side 2)                                            
                                                                               
  A roll call vote was taken on the MOTION to adopt  AMENDMENT                 
  4.                                                                           
                                                                               
  IN FAVOR: Brown, Navarre, Larson, MacLean                                    
  OPPOSED:  Hanley, Martin, Parnell, Therriault                                
                                                                               
                                                                               
                               10                                              
                                                                               
                                                                               
  Representatives Foster, Grussendorf and  Hoffman were absent                 
  from the vote.                                                               
                                                                               
  The MOTION FAILED (4-4).                                                     
                                                                               
  Representative Brown provided members with AMENDMENT 5 (copy                 
  on  file).   She  explained  that amendment  5  would delete                 
  personal injury and death from the statute of repose.                        
                                                                               
  Mr. Ford stated  that the amendment would  remove references                 
  to  personal  injury.    The  six  year  statute  of  repose                 
  pertaining to property damage would remain.                                  
                                                                               
  Representative Brown MOVED to ADOPT AMENDMENT 4.                             
                                                                               
  Mr.   Ford  maintained  that   the  amendment  would  reduce                 
  constitutional issues.                                                       
                                                                               
  Representatives Brown and  MacLean spoke  in support of  the                 
  amendment.  Representative Porter spoke in opposition to the                 
  amendment.                                                                   
                                                                               
  A roll call vote was taken on  the MOTION to adopt AMENDMENT                 
  5.                                                                           
                                                                               
  IN FAVOR: Navarre, Brown, MacLean                                            
  OPPOSED:  Hanley, Martin, Parnell, Therriault, Larson                        
                                                                               
  Representatives Foster, Grussendorf and Hoffman were  absent                 
  from the vote.                                                               
                                                                               
  The MOTION FAILED (3-5).                                                     
                                                                               
  Representative Brown  MOVED to  ADOPT AMENDMENT  6 (copy  on                 
  file).    She  explained  that   amendment  6  would  delete                 
  manufactured  products  from  the statute  of  repose.   She                 
  asserted that out-of-state manufacturers  would be protected                 
  at the expense of Alaskan citizens.                                          
                                                                               
  REPRESENTATIVE JIM NORDLUND spoke in support of amendment 6.                 
  Representative Porter spoke in opposition to amendment 6.                    
                                                                               
  A roll call  vote was taken on the MOTION to adopt AMENDMENT                 
  6.                                                                           
                                                                               
  IN FAVOR: Navarre, Brown, MacLean                                            
  OPPOSED:  Hanley, Martin, Parnell, Therriault, Larson                        
                                                                               
  Representatives Foster, Grussendorf and  Hoffman were absent                 
  from the vote.                                                               
                                                                               
  The MOTION FAILED (3-5).                                                     
                                                                               
                               11                                              
                                                                               
                                                                               
  Representative MOVED to  ADOPT AMENDMENT  7 (copy on  file).                 
  She explained that amendment 7  would delete "an intentional                 
  or reckless disregard of specific" and insert "a failure  to                 
  follow applicable."                                                          
                                                                               
  Mr.  Ford  explained that  the  amendment would  broaden the                 
  language of the bill.                                                        
                                                                               
  Mr. Feldman emphasized that proving "intentional or reckless                 
  disregard" is virtually impossible.                                          
                                                                               
  Representative Porter stressed the difference between simple                 
  or  gross  negligence.   He noted  that  it is  difficult to                 
  defend against actions which took place prior to six years.                  
                                                                               
  A roll call vote was taken  on the MOTION to adopt AMENDMENT                 
  7.                                                                           
                                                                               
  IN FAVOR: Navarre, Brown, Larson                                             
  OPPOSED:  Hanley, Martin, Parnell, Therriault,                               
                                                                               
  Representatives  Foster,  Grussendorf,  MacLean and  Hoffman                 
  were absent from the vote.                                                   
                                                                               
  The MOTION FAILED (3-4).                                                     
                                                                               
  Representative Brown  MOVED to  ADOPT AMENDMENT  8 (copy  on                 
  file).  She explained that  amendment 8 would change statute                 
  of repose provisions from 6 to 15 years.  She noted  that HB
  160 contains a 15 year statute of repose provision.                          
                                                                               
  Mr.  Ford   cautioned  against  adopting   legislation  with                 
  different periods  for statute  of  repose.   Representative                 
  Porter spoke in support of a six year statute of repose.                     
                                                                               
  Representative  Parnell MOVED to  AMEND Amendment  8, delete                 
  "15  years"  and insert  "10  years".   Representative Brown                 
  OBJECTED.    Discussion  pursued  regarding  periods  for  a                 
  statute of  repose.   A  roll  call vote  was taken  on  the                 
  MOTION.                                                                      
                                                                               
  IN FAVOR: Hanley, Martin, Parnell, Therriault, Larson                        
  OPPOSED:  Brown, Grussendorf, Navarre                                        
                                                                               
  The MOTION PASSED (5-3).                                                     
                                                                               
  HB 292 was HELD in Committee for further discussion.                         
  HOUSE BILL NO. 351                                                           
                                                                               
       "An Act relating  to the  issuance of  permits for  the                 
                                                                               
                               12                                              
                                                                               
                                                                               
       carrying of a concealed weapon."                                        
                                                                               
  Representative  James  provided  members with  AMENDMENT  5.                 
  (copy on file).  She explained that the amendment  clarifies                 
  that AS 18.65.775 "does  not delegate to the department  the                 
  authority to  regulate or  restrict the  issuing if  permits                 
  beyond  those  provisions    contained  in  AS  18.65.700  -                 
  18.65.790.  Subjective or  arbitrary actions or  regulations                 
  that encumber the issuing process... are prohibited."                        
                                                                               
  Mr. Guaneli expressed concern with the word "subjective".                    
  He emphasized that the Department of Public Safety needs the                 
  ability to use its discretion.                                               
                                                                               
  Representative Parnell  MOVED to  AMEND Amendment 5,  insert                 
  "This  section  does  not  delegate  to the  department  the                 
  authority to  regulate or  restrict the  issuing if  permits                 
  beyond  those   provisions  contained  in   AS  18.65.700  -                 
  18.65.790" and delete the remaining  portion of amendment 5.                 
  There being NO OBJECTION, it was so ordered.  There being NO                 
  OBJECTION, amendment 5 was adopted as amended.                               
                                                                               
  Representative James provided members with AMENDMENT 6 (copy                 
  on file).  She  explained that amendment 6 would  state that                 
  fees set in regulations  must be "based on the  actual costs                 
  incurred by  the department for conducting  criminal records                 
  checks  and for  implementing and maintaining  the concealed                 
  handgun permit system."                                                      
                                                                               
  Representative Brown  spoke  against amendment  6.   Members                 
  discussed the fee structure.  Representative James indicated                 
  the amendment's intent  to allow  the department to  recover                 
  costs.                                                                       
                                                                               
  Representative  Martin  MOVED   to  AMEND  Amendment  6   by                 
  inserting  "based  on  the  actual  costs  incurred  by  the                 
  department."  The  rest of the  amendment would be  deleted.                 
  There being NO OBJECTION, it was so ordered.  There being NO                 
  OBJECTION, amendment 6 was adopted as amended.                               
                                                                               
  Representative James  provided  members  with  AMENDMENT  7.                 
  (copy  on file).   She  explained that  the amendment  would                 
  delete the option to allow a  municipality or village to opt                 
  out of the legislation.                                                      
                                                                               
  (Tape Change, HFC 94-119, Side 1)                                            
                                                                               
  Representative  James  recommended  that  the  amendment  be                 
  divided  to allow  section 18.65.780 to  stand alone.   This                 
  section  states that:    "A municipality  may  not enact  an                 
  ordinance that conflicts with or imposes  stricter standards                 
  than the requirements of this chapter."                                      
                                                                               
                               13                                              
                                                                               
                                                                               
  Representative Larson  MOVED  to DIVIDE  the  Question,  the                 
  deletion of the option to allow municipalities and organized                 
  villages to opt out would be amendment 7A.  The insertion of                 
  "A municipality may  not enact  an ordinance that  conflicts                 
  with or imposes stricter standards  than the requirements of                 
  this  chapter"  would  be  amendment  7B.   There  being  NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
  Discussion pursued regarding  the ability of  municipalities                 
  to opt out  of the provisions  of the legislation or  impose                 
  other  restrictions.     Co-Chair  Larson  MOVED   to  ADOPT                 
  AMENDMENT 7A.   Representative Brown OBJECTED.   A roll call                 
  vote was taken on the MOTION.                                                
                                                                               
  IN FAVOR: Hanley, Martin, Therriault                                         
  OPPOSED:  Brown, Grussendorf, Parnell, Larson, MacLean                       
                                                                               
  Representatives Foster, Navarre and Hoffman were absent from                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (3-5).                                                     
                                                                               
  Representative   Martin  MOVED   to   ADOPT  AMENDMENT   7B.                 
  Representative Brown spoke against adoption of amendment 7B.                 
  A roll call vote was taken on the MOTION.                                    
                                                                               
  IN FAVOR: Hanley, Martin, Therriault                                         
  OPPOSED:  Brown, Grussendorf, Parnell, Larson, MacLean                       
                                                                               
  Representatives Foster, Navarre and Hoffman were absent from                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (3-5).                                                     
                                                                               
  Representative  James  provided  members with  AMENDMENT  8.                 
  (copy on file).   She noted  that amendment 8 would  provide                 
  that the  definition of  "handgun" is  a pistol  or revolver                 
  with  a  barrel length  of  less  than eight  inches."   The                 
  definition of "miniature  handgun" means  a handgun with  an                 
  overall  length of  less  than  four  inches  and  having  a                 
  cartridge capacity of fewer than three rounds."                              
                                                                               
  Mr.  Guaneli  observed  that  the  department   would  adopt                 
  regulations  based on the experience of gun experts in terms                 
  of handguns generally available, in the absence of statutory                 
  definitions.                                                                 
                                                                               
  Amendment 8 was WITHDRAWN.                                                   
                                                                               
  Co-Chair MacLean provided members with AMENDMENT 9. (copy on                 
  file).  She  explained that the  amendment would change  the                 
                                                                               
                               14                                              
                                                                               
                                                                               
  opt out provision into a opt  in provision.  Co-Chair Larson                 
  summarized  that  the  amendment  would  result in  enabling                 
  legislation in affect in  all areas of the state  outside of                 
  organized  municipalities.    Current  law  would  remain in                 
  organized   municipalities   unless   the  local   governing                 
  municipality, by ordinance, decided to opt in.                               
                                                                               
  Mr. Guaneli suggested that unincorporated areas would remain                 
  under current law unless the legislation specifically states                 
  that the carrying of concealed weapons is allowed.                           
                                                                               
  Representatives   James,  Martin   and   Parnell  spoke   in                 
  opposition to amendment  9.   Representative Brown spoke  in                 
  support of amendment 9.                                                      
                                                                               
  Co-Chair MacLean MOVED  to ADOPT AMENDMENT  9.  A roll  call                 
  vote was taken on the MOTION.                                                
                                                                               
  IN FAVOR: Brown, MacLean                                                     
  OPPOSED:  Grussendorf, Hanley, Martin,  Parnell, Therriault,                 
                 Larson                                                        
                                                                               
  Representatives Foster, Navarre and Hoffman were absent from                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (2-6).                                                     
                                                                               
  Co-Chair MacLean MOVED to ADOPT AMENDMENT 10.  She explained                 
  that  the amendment  would delay  the effective  date.   Mr.                 
  Guaneli clarified that  section 4 applies to  the Department                 
  of  Public Safety's  ability  to  implement regulations  and                 
  accept applications.   Section  5 refers  to  the date  that                 
  concealed weapons could be carried.                                          
                                                                               
  Representative  Hanley  suggested  that  section 4  have  an                 
  immediate effective date.                                                    
                                                                               
  Representative Brown MOVED  to AMEND Amendment 10  to change                 
  section 4 to  an immediate effective  date.  There being  NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
  Representative James spoke against adoption of amendment 10.                 
  A roll call vote was taken on the MOTION.                                    
                                                                               
  IN FAVOR: Brown, MacLean, Larson                                             
  OPPOSED:  Grussendorf, Hanley, Martin, Parnell, Therriault                   
                                                                               
  Representatives Navarre, Foster and Hoffman were absent from                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (3-5).                                                     
                                                                               
                                                                               
                               15                                              
                                                                               
                                                                               
  Representative  Brown  provided members  with  AMENDMENT 11.                 
  (copy on file).   She explained that amendment 11  would add                 
  that a person applying for a concealed weapon permit show "a                 
  demonstrated need for the permit that meets requirements set                 
  by  the  department  by regulation."    She  interpreted the                 
  amendment to allow the issuance of a permit if a person felt                 
  that their personal safety was being threatened.                             
                                                                               
  Representative Hanley  expressed concern that  the amendment                 
  was too broad.  A roll call vote was taken on the MOTION.                    
                                                                               
  IN FAVOR: Brown                                                              
  OPPOSED:  Grussendorf, Hanley, Martin,  Parnell, Therriault,                 
                 MacLean, Larson                                               
                                                                               
  Representatives Navarre, Foster and Hoffman were absent from                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (1-7).                                                     
                                                                               
  Representative  Brown provided  members  with AMENDMENT  12.                 
  (copy on  file).   She  explained that  the amendment  would                 
  prevent a  concealed weapon from  being carried on  a school                 
  bus or a facility providing  services to victims of domestic                 
  violence or sexual assault.                                                  
                                                                               
  Ms. Smith spoke in  support of amendment 11.  She noted that                 
  the  Counsel  on Domestic  Violence  and Sexual  Assault has                 
  regulations that define the  minimum operating standards  of                 
  shelters and safe homes in the state.                                        
                                                                               
  JERRY LUCKHAUPT,  LEGAL COUNSEL, LEGISLATIVE  AFFAIRS AGENCY                 
  discussed  the lack  of  current  statutes regarding  deadly                 
  weapons on school buses.   Discussion pursued in  regards to                 
  the definition of "school bus".                                              
                                                                               
  (Tape Change, HFC 94-119, Side 2)                                            
                                                                               
  A roll call vote was taken  on the MOTION to adopt AMENDMENT                 
  12.                                                                          
                                                                               
  IN FAVOR: Brown, Grussendorf,  Hanley, Parnell,  Therriault,                 
                 MacLean, Larson                                               
  OPPOSED:  Martin                                                             
                                                                               
  Representatives Navarre, Foster and Hoffman were absent from                 
  the vote.                                                                    
                                                                               
  The MOTION PASSED (6-1).                                                     
                                                                               
  Mr. Luckhaupt noted that the  definition of "school bus" was                 
  established  in  Department of  Education  regulations which                 
                                                                               
                               16                                              
                                                                               
                                                                               
  describe equipment standards to transport children.                          
                                                                               
  Representative Brown MOVED  to ADOPT  AMENDMENT 13 (copy  on                 
  file).  She explained that amendment  13 would raise the age                 
  of qualification from  21 to  25 years of  age.   Discussion                 
  pursue in regards to the age of qualification.                               
                                                                               
  Representative Martin MOVED to AMEND  Amendment 13 to delete                 
  "21" and  insert "18"  years of age.   Representative  Brown                 
  OBJECTED.  A roll call vote was taken on the MOTION.                         
                                                                               
  IN FAVOR: Grussendorf, Martin                                                
  OPPOSED:  Brown, Hanley, Parnell, Therriault, Larson                         
                                                                               
  Representatives  Navarre, MacLean,  Foster and  Hoffman were                 
  absent from the vote.                                                        
                                                                               
  The MOTION FAILED (2-5).                                                     
                                                                               
  A roll call vote was taken on the main MOTION.                               
                                                                               
  IN FAVOR: Brown                                                              
  OPPOSED:  Grussendorf, Hanley, Martin,  Parnell, Therriault,                 
                 Larson                                                        
                                                                               
  Representatives Navarre,  MacLean, Foster  and Hoffman  were                 
  absent from the vote.                                                        
                                                                               
  The MOTION FAILED (1-6).                                                     
                                                                               
  Representative Brown MOVED  to ADOPT  AMENDMENT 14 (copy  on                 
  file).    She  explained that  amendment  14  would prohibit                 
  individuals from  carrying more than  one handgun at  a time                 
  under a permit  issued under AS  18.65.715.  She noted  that                 
  law enforcement officers  only carry one  gun.  A roll  call                 
  vote was taken on the MOTION.                                                
                                                                               
  IN FAVOR: Brown                                                              
  OPPOSED:  Grussendorf, Hanley, Martin,  Parnell, Therriault,                 
                 Larson                                                        
                                                                               
  Representatives  Navarre, MacLean,  Foster and  Hoffman were                 
  absent from the vote.                                                        
                                                                               
  The MOTION FAILED (1-6).                                                     
                                                                               
  Representative Brown MOVED  to ADOPT  AMENDMENT 15 (copy  on                 
  file).  She explained that  amendment 15 would require  that                 
  training cover  when to  use deadly  force.   Representative                 
  James asserted that  the legislation covers deadly  force on                 
  page 6, line 1.                                                              
                                                                               
                                                                               
                               17                                              
                                                                               
                                                                               
  Mr. Guaneli emphasized that there are instances when the law                 
  will allow the use of deadly force, but that deadly force is                 
  not necessary to control the situation.                                      
                                                                               
  Mr.   Swackhammer   differentiated   between  training   and                 
  knowledge of the use of deadly force.                                        
                                                                               
  Representative James maintained that the amendment would add                 
  an  extra  expense  to the  applicant.    Discussion pursued                 
  regarding the need for  training to teach the use  of deadly                 
  force.                                                                       
                                                                               
  A roll call vote was taken on the MOTION  to adopt AMENDMENT                 
  15.                                                                          
                                                                               
  IN FAVOR: Brown                                                              
  OPPOSED:  Grussendorf, Hanley, Martin,  Parnell, Therriault,                 
                 Larson                                                        
                                                                               
  Co-Chair  MacLean and  Representatives  Navarre, Foster  and                 
  Hoffman were absent from the vote.                                           
                                                                               
  The MOTION FAILED (1-6).                                                     
                                                                               
  Representative Brown MOVED  to ADOPT  AMENDMENT 16 (copy  on                 
  file).   She  explained  amendment 16  would require  that a                 
  refresher  course  be  repeated  every  time the  permit  is                 
  renewed.  Permits  are renewed  every three years.   A  roll                 
  call vote was taken on the MOTION.                                           
                                                                               
  IN FAVOR: Grussendorf, Brown                                                 
  OPPOSED:  Hanley, Martin, Parnell, Therriault, Larson                        
                                                                               
  Representatives Navarre, Foster and Hoffman were absent from                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (2-5).                                                     
                                                                               
  Representative Brown MOVED  to ADOPT  AMENDMENT 17 (copy  on                 
  file).    She  explained that  the  amendment  would require                 
  mandatory liability insurance as a  condition to obtaining a                 
  concealed weapon permit.   She emphasized the  Department of                 
  Public Safety  and the  Department of  Law recommended  that                 
  liability insurance be required.                                             
                                                                               
  Representative Hanley noted that liability insurance is  not                 
  required for a handgun permit.                                               
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
  IN FAVOR: Brown                                                              
  OPPOSED:  Hanley, Martin, Parnell, Therriault, Larson                        
                                                                               
                               18                                              
                                                                               
                                                                               
  Co-Chair  MacLean and  Representatives  Navarre, Foster  and                 
  Hoffman were absent from the vote.                                           
                                                                               
  The MOTION FAILED (2-5).                                                     
                                                                               
  Representative Brown MOVED  to ADOPT  AMENDMENT 18 (copy  on                 
  file).    She  explained  that  amendment 18  would  protect                 
  victims of domestic violence.                                                
                                                                               
  Ms. Smith  stated that the  amendment would provide  that if                 
  there is a restraining order in place when an application is                 
  submitted the permit would be denied.                                        
                                                                               
  Members discussed the  amendment's wording  "is not now  and                 
  has not been the subject of an injunction".                                  
                                                                               
  Mr.  Luckhaupt  agreed that  "and  has  not  been" could  be                 
  deleted.                                                                     
                                                                               
  Representative Parnell MOVED  to AMEND  Amendment to  delete                 
  "and has  not been."   There being  NO OBJECTION, it  was so                 
  ordered.                                                                     
                                                                               
  There  being  NO  OBJECTION,  amendment  18 was  adopted  as                 
  amended.                                                                     
                                                                               
  Representative  Brown  provided  members  with AMENDMENT  19                 
  (copy on file).  She explained  that amendment 19 would make                 
  it a crime  to possess a  concealed handgun while under  the                 
  influence of  alcohol or a controlled substance.   She noted                 
  that the  amendment is supported by the Department of Public                 
  Safety.                                                                      
                                                                               
  Representative Brown MOVED  to AMEND Amendment 19  to reduce                 
  the standard for  blood alcohol  to the legal  level of  .08                 
  percent.    Representative   James  asserted  that   current                 
  statutes prevent the possession of guns while intoxicated.                   
  Representative Brown  pointed out that  material provided by                 
  the Department of  Public Safety and  the Department of  Law                 
  states that current  law has  no standards for  intoxication                 
  with guns.  She maintained that under the legislation police                 
  cannot direct  those carrying  concealed weapons  to take  a                 
  breath test.                                                                 
                                                                               
  Mr.  Guaneli  observed   that  there  is  no   standard  for                 
  "impairment".   He discussed  laws governing  DWI laws.   He                 
  recommended that the standard for possession of  guns be the                 
  same as for drunk driving.   He emphasized the difficulty to                 
  prosecute for possession while impaired.                                     
                                                                               
  Mr. Luckhaupt advised that provisions under  AS 28 cannot be                 
                                                                               
                               19                                              
                                                                               
                                                                               
  applied   to   possession   of   handguns  without   further                 
  definitions.                                                                 
                                                                               
  Representative Hanley OBJECTED to AMENDMENT 19.  A roll call                 
  vote was taken on the MOTION.                                                
                                                                               
  IN FAVOR: Brown                                                              
  OPPOSED:  Grussendorf, Hanley, Martin,  Parnell, Therriault,                 
                 Larson                                                        
                                                                               
  Co-Chair  MacLean and  Representatives  Navarre, Foster  and                 
  Hoffman were absent from the vote.                                           
                                                                               
  The MOTION FAILED (1-6).                                                     
                                                                               
  AMENDMENT 20 and 21 were WITHDRAWN.                                          
                                                                               
  Representative Brown MOVED  to ADOPT  AMENDMENT 22 (copy  on                 
  file).    She explained  that  amendment 22  would  deny the                 
  application  of any  individual adjudicated within  10 years                 
  immediately preceding the application for  a felony offense.                 
  She noted that the amendment is supported by the  Department                 
  of Law and the Department of Public Safety.                                  
                                                                               
  Mr.  Guaneli  observed  that there  may  be  some difficulty                 
  obtaining  the information  for  individuals  that have  not                 
  lived in the state for 10 years.                                             
                                                                               
  Co-Chair Larson noted  that if the background  check did not                 
  discover record  that the  individual was  adjudicated as  a                 
  delinquent of a felony  offense the permit would have  to be                 
  issued.                                                                      
                                                                               
  Mr. Swackhammer  indicated  that  the  amendment  would  not                 
  increase the department's fiscal note.                                       
                                                                               
  Representative Martin OBJECTED.   A roll call vote was taken                 
  on the MOTION to adopt AMENDMENT 22.                                         
                                                                               
  IN FAVOR: Brown, Grussendorf,  Hanley, Parnell,  Therriault,                 
                 Larson                                                        
  OPPOSED:  Martin                                                             
                                                                               
  Co-Chair  MacLean and  Representatives  Navarre, Foster  and                 
  Hoffman were absent from the vote.                                           
                                                                               
  The MOTION PASSED (6-1).                                                     
                                                                               
  Representative Brown MOVED  to ADOPT  AMENDMENT 23 (copy  on                 
  file).   She explained that the amendment would provide that                 
  the list of permittee is a public record.                                    
                                                                               
                                                                               
                               20                                              
                                                                               
                                                                               
  Representatives Hanley and James objected to amendment 23.                   
                                                                               
  (Tape Change, HFC 94-120, Side 1)                                            
                                                                               
  A roll call vote  was taken on the MOTION to adopt AMENDMENT                 
  23.                                                                          
                                                                               
  IN FAVOR: Brown                                                              
  OPPOSED:  Grussendorf, Hanley, Martin,  Parnell, Therriault,                 
                 Larson                                                        
                                                                               
  Co-Chair  MacLean and  Representatives  Navarre, Foster  and                 
  Hoffman were absent from the vote.                                           
                                                                               
  The MOTION FAILED (1-6).                                                     
                                                                               
  Representative Brown MOVED  to ADOPT  AMENDMENT 24 (copy  on                 
  file).  She explained  that amendment 24 would insert  a new                 
  paragraph which reads:  "(8) a public transportation vehicle                 
  including  a bus,  a train and  a taxi  cab" to the  list of                 
  places  a concealed handgun  cannot be  carried.   She noted                 
  that the amendment is supported by the Department of Law and                 
  the Department of Public Safety.                                             
                                                                               
  Representative James spoke in opposition to amendment 24.                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
  IN FAVOR: Brown                                                              
  OPPOSED:  Grussendorf, Hanley, Martin,  Parnell, Therriault,                 
                 Larson                                                        
                                                                               
  Co-Chair  MacLean and  Representatives  Navarre, Foster  and                 
  Hoffman were absent from the vote.                                           
                                                                               
  The MOTION FAILED (1-6).                                                     
                                                                               
  HB 351 was HELD in Committee for further discussion.                         
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 4:20 p.m.                                           
                                                                               
                                                                               
                               21                                              

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