Legislature(1993 - 1994)
1994-04-14 House Journal
Full Journal pdf1994-04-14 House Journal Page 3430 HB 417 The following was read the second time: HOUSE BILL NO. 417 "An Act relating to the possession of deadly weapons within the grounds of or on the parking lot of preschools, elementary, junior high, and secondary schools; and relating to school lockers and other containers provided in a public or private school by the school or the school district." with the: Journal Page HES RPT CS(HES) NEW TITLE 4DP 4NR 2518 -2 ZERO FISCAL NOTES (LAW, DPS) 2/24/94 2518 JUD RPT CS(JUD) NEW TITLE 4DP 2NR 3193 -2 PREVIOUS ZERO FNS (DPS, LAW) 2/24/94 3194 1994-04-14 House Journal Page 3431 HB 417 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 417(JUD) "An Act relating to the possession of weapons within the grounds of or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; and relating to school lockers and other containers provided in a public or private school by the school or the school district." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 1, line 7 through page 2, line 21: Delete all material. Insert new bill sections to read: "* Section 1. AS11.61.200(a) is amended to read: (a) A person commits the crime of misconduct involving weapons in the third degree if the person (1) knowingly possesses a firearm capable of being concealed on one's person after having been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory; (2) knowingly sells or transfers a firearm capable of being concealed on one's person to a person who has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory; (3) manufactures, possesses, transports, sells, or transfers a prohibited weapon; (4) knowingly sells or transfers a firearm to another whose physical or mental condition is substantially impaired as a result of the introduction of an intoxicating liquor or controlled substance into that other person's body; (5) removes, covers, alters, or destroys the manufacturer's serial number on a firearm with intent to render the firearm untraceable; (6) possesses a firearm on which the manufacturer's serial number has been removed, covered, altered, or destroyed, knowing that the serial number has been removed, covered, altered, or destroyed with the intent of rendering the firearm untraceable; 1994-04-14 House Journal Page 3432 HB 417 (7) violates AS11.46.320 and, during the violation, possesses on the person a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or controlled substance into the person's body; (8) violates AS11.46.320 or 11.46.330 by entering or remaining unlawfully on premises or in a propelled vehicle in violation of a provision of an order issued under AS25.35.010(b) or 25.35.020 and, during the violation, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife; (9) communicates in person with another in violation of AS11.56.740 and, during the communication, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife; (10) resides in a dwelling knowing that there is a firearm capable of being concealed on one's person or a prohibited weapon in the dwelling if the person has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory, unless the person has written authorization to live in a dwelling in which there is a concealable weapon described in this paragraph from a court of competent jurisdiction or from the head of the law enforcement agency of the community in which the dwelling is located; [OR] (11) discharges a firearm from a propelled vehicle while the vehicle is being operated; or (12) knowingly possesses a firearm or other deadly weapon or a defensive weapon, without the permission of the chief administrative officer of the preschool, school, or school district or the designee of the chief administrative officer, within the grounds of or on a parking lot immediately adjacent to a public or private preschool, elementary, junior high, or secondary school, or while participating in a school sponsored event, except that a person 21 years of age or older may possess an (A) unloaded firearm or other deadly weapon in the trunk of a motor vehicle or encased in a closed container in a motor vehicle; (B) ordinary pocket knife or a defensive weapon. 1994-04-14 House Journal Page 3433 HB 417 * Sec. 2. AS 11.61.200(e) is amended to read: (e) The provisions of (a)(3), [AND] (11), and (12) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment. * Sec. 3. AS11.61.200 is amended by adding a new subsection to read: (h) In (a)(12) of this section, "firearm" includes an air gun or pellet gun that discharges a shot, pellet, or other projectile by means of compressed air or other gas." Renumber the following bill sections accordingly. Page 3, following line 16: Insert a new bill section to read: "* Sec. 5. AS 11.61.220(c) is amended to read: (c) The provisions of (a)(1) [,] and (2) [, AND (4)] of this section do not apply to a peace officer acting within the scope and authority of the officer's employment." Renumber the following bill sections accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Carney objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 417(JUD) Second Reading Amendment No. 1 YEAS: 7 NAYS: 32 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Davidson, Davies, Finkelstein, Hoffman, Nordlund, Sitton 1994-04-14 House Journal Page 3434 HB 417 Nays: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Ulmer Navarre changed from "Yea" to "Nay". And so, Amendment No. 1 was not adopted. Amendment No. 2 was not offered. Amendment No. 3 was offered by Representative Davies: Page 3, following line 16: Insert a new bill section to read: "* Sec. 4. AS14.03.080 is amended by adding a new subsection to read: (f) This section does not require a school district to admit a child or person currently under suspension or expulsion under AS14.03.160 in that or another school district." Renumber the following bill sections accordingly. Page 3, following line 30: Insert a new bill section to read: "* Sec. 6. AS14.03 is amended by adding a new section to read: Sec. 14.03.160. SUSPENSION OR EXPULSION OF STUDENTS FOR POSSESSING WEAPONS. Notwithstanding any other provision of law, a school district shall adopt procedures, including the right to a hearing, requiring the suspension for at least 30 days, or expulsion for the school year or permanently, of a student who violates AS11.61.210(a)(7). A prior conviction, or adjudication of delinquency or child in need of supervision, for violation of AS11.61.210(a)(7) is not necessary for a school board to suspend or expel a student under this section." Renumber the following bill section accordingly. 1994-04-14 House Journal Page 3435 HB 417 Representative Davies moved and asked unanimous consent that Amendment No. 3 be adopted. Representative James objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 417(JUD) Second Reading Amendment No. 3 YEAS: 9 NAYS: 29 EXCUSED: 1 ABSENT: 1 Yeas: Davidson, Davies, Finkelstein, Grussendorf, Larson, Navarre, Nordlund, Phillips, Sitton Nays: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nicholia, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Willis Excused: Ulmer Absent: Williams And so, Amendment No. 3 was not adopted. Representative Brown placed a call of the House. Amendment No. 4 was offered by Representative Nicholia: Page 2, lines 16 and 17: Delete all material. Insert "(A) unloaded weapon in or on a motor vehicle;" 1994-04-14 House Journal Page 3436 HB 417 Representative Nicholia moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Bunde objected. The call was satisfied. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 417(JUD) Second Reading Amendment No. 4 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, James, Kott, Mackie, MacLean, Navarre, Nicholia, Phillips, Sitton, Vezey, Williams Nays: Barnes, Brice, Bunde, G.Davis, Green, Hanley, Hudson, Larson, Martin, Menard, Moses, Mulder, Nordlund, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Willis Excused: Ulmer Barnes changed from "Yea" to "Nay". And so, Amendment No. 4 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 417(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 417(JUD) was read the third time. The question being: "Shall CSHB 417(JUD) pass the House?" The roll was taken with the following result: 1994-04-14 House Journal Page 3437 HB 417 CSHB 417(JUD) Third Reading Final Passage YEAS: 32 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Williams, Willis Nays: Carney, Davidson, Hoffman, Mackie, MacLean, Nicholia, Vezey Excused: Ulmer And so, CSHB 417(JUD) passed the House. Representative Nicholia gave notice of reconsideration of her vote on CSHB 417(JUD).