Legislature(1997 - 1998)

1997-05-09 House Journal

Full Journal pdf

1997-05-09                     House Journal                      Page 1763
SB 141                                                                       
The following, which had been held in second reading to today's                
calendar (page 1669), was again before the House:                              
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN)                                  
"An Act relating to permits to carry concealed handguns; and                  
relating to the possession of firearms."                                       
                                                                               
                                                                               
Amendment No. 1 was offered  later.                                             
                                                                               
Amendment Nos. 2 and 3 were not offered.                                       
                                                                               
Amendment Nos. 4 and 5 were offered later.                                     
                                                                               
                                                                               
Amendment No. 6 was offered  by Representative James:                           
                                                                               
Page 8, line 17:                                                               
	Delete "and"                                                                  
                                                                               
Page 8, following line 17:                                                     
	Insert a new paragraph to read:                                               
                                                                               

1997-05-09                     House Journal                      Page 1764
SB 141                                                                       
		"(5)  is not now in and has not in the three years                          
immediately preceding the application been ordered by a court to               
complete an alcohol or substance abuse treatment program; and"                 
                                                                               
Renumber the following paragraph accordingly.                                  
                                                                               
Representative James moved and asked unanimous consent that                    
Amendment No. 6 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
Amendment No. 7 was offered  by Representative Kelly:                           
                                                                               
Page 4, line 21, following "agencies":                                     
	Insert ";                                                                   
		(C)  within a domestic violence or sexual assault                          
shelter that receives funding from the state"                                
                                                                               
Page 6, lines 10 - 12:                                                         
	Delete all material and insert:                                               
		"(i)  In a prosecution                                                    
		(A)  under (a)(4)(B) of this section, it is a defense that                 
the defendant, at the time of possession, was authorized to                    
possess the firearm under a rule of court;                                     
		(B)  under (a)(4)(C) of this section, it is a defense that                 
the defendant, at the time of possession, was authorized in                    
writing by the administrator of the shelter to possess the                     
firearm."                                                                      
                                                                               
Representative Kelly moved and asked unanimous consent that                    
Amendment No. 7 be adopted.                                                    
                                                                               
Representative Ryan objected and withdrew the objection.  There being          
no further objection,  Amendment No. 7 was adopted.                            
                                                                               
Amendment No. 8 was offered  by Representative Berkowitz:                       
                                                                               
Page 8, line 17:                                                               
Delete "and"                                                                  
                                                                               
Page 8, following line 17:                                                     
Insert new paragraphs to read:                                                

1997-05-09                     House Journal                      Page 1765
SB 141                                                                       
		"(5) has not been convicted, within the five years                          
immediately preceding the application, and is not currently charged            
under a complaint, information, indictment, or presentment, of a               
crime involving domestic violence as defined in AS 18.66.990;                  
		(6)  is not now the respondent in a protective order under                  
AS 18.66.100-18.66.180 unless the protective order has been                    
dissolved or has expired; and"                                                 
                                                                               
Renumber the following paragraph accordingly.                                  
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 8 be adopted.                                                    
                                                                               
Representative Vezey objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 8 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 141(FIN) am H                                                         
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  10   NAYS:  24   EXCUSED:  0   ABSENT:  6                             
                                                                               
Yeas:  Berkowitz, Croft, Davies, Dyson, Elton, Joule, Kemplen,                 
Kookesh, Nicholia, Williams                                                    
                                                                               
Nays:  Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green,                 
Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek,             
Mulder, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey               
                                                                               
Absent:  Barnes, Grussendorf, Hanley, Kubina, Moses, Rokeberg                  
                                                                               
And so, Amendment No. 8 was not adopted.                                       
                                                                               
Amendment No. 9 was offered  by Representative Berkowitz:                       
                                                                               
Page 8, line 17:                                                               
	Delete "and"                                                                  
                                                                               
Page 8, following line 17:                                                     
	Insert a new paragraph to read:                                               

1997-05-09                     House Journal                      Page 1766
SB 141                                                                       
		"(5)  is not now in protective custody under AS47.37 or                     
under commitment under AS47.37, and has not in the five years                  
immediately preceding the application been taken into protective               
custody under AS47.37 or committed under AS47.37; and"                         
                                                                               
Renumber the following paragraph accordingly.                                  
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 9 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 9 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 141(FIN) am H                                                         
Second Reading                                                                 
Amendment No. 9                                                                
                                                                               
YEAS:  14   NAYS:  20   EXCUSED:  0   ABSENT:  6                             
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Joule,            
Kemplen, Kookesh, Kubina, Nicholia, Porter, Williams                           
                                                                               
Nays:  Austerman, Cowdery, Davis, Foster, Green, Hodgins, Hudson,              
Ivan, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips,              
Ryan, Sanders, Therriault, Vezey                                               
                                                                               
Absent:  Barnes, Grussendorf, Hanley, Martin, Moses, Rokeberg                  
                                                                               
And so, Amendment No. 9 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 10 was offered  by Representative Berkowitz:                      
                                                                               
Page 8, lines 15 - 17:                                                         
	Delete all material and insert:                                               
		"(4)  has not been convicted of and is not currently                        
charged under a complaint, information, indictment, or presentment             
with a felony or misdemeanor under the laws of this state or a                 
similar law of another jurisdiction; and"                                      
                                                                               

1997-05-09                     House Journal                      Page 1767
SB 141                                                                       
Page 9, lines 3 - 13:                                                          
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 10, line 15, following "18.65.725(a)(3),"                                 
	Insert "18.65.740(a)(2),"                                                     
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 10 be adopted.                                                   
                                                                               
Representative Vezey objected.                                                 
                                                                               
                                                                               
Amendment to Amendment No. 10 was offered  by Representative                    
Davies:                                                                        
                                                                               
Under paragraph (4), following "felony":                                       
Delete "or misdemeanor"                                                       
                                                                               
Following "jurisdiction; and":                                                 
Delete all material.                                                          
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment to Amendment No. 10 be adopted.                                      
                                                                               
Representative Ryan objected.                                                  
                                                                               
The question being:  "Shall Amendment to Amendment No. 10 be                   
adopted?"  The roll was taken with the following result:                       
                                                                               
HCS CSSB 141(FIN) am H                                                         
Second Reading                                                                 
Amendment to Amendment No. 10                                                  
                                                                               
YEAS:  17   NAYS:  20   EXCUSED:  0   ABSENT:  3                             
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf,             
Hodgins, Hudson, Joule, Kemplen, Kookesh, Kubina, Nicholia,                    
Rokeberg, Sanders, Williams                                                    
                                                                               

1997-05-09                     House Journal                      Page 1768
SB 141                                                                       
Nays:  Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green,                
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan,                
Phillips, Porter, Ryan, Vezey                                                  
                                                                               
Absent:  Hanley, Moses, Therriault                                             
                                                                               
And so, Amendment to Amendment No. 10 was not adopted.                         
                                                                               
The question being:  "Shall Amendment No. 10 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
HCS CSSB 141(FIN) am H                                                         
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
YEAS:  3   NAYS:  34   EXCUSED:  0   ABSENT:  3                              
                                                                               
Yeas:  Berkowitz, Elton, Kemplen                                               
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davies,                
Davis, Dyson, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan,               
James, Joule, Kelly, Kohring, Kookesh, Kott, Kubina, Martin, Masek,            
Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders,             
Vezey, Williams                                                                
                                                                               
Absent:  Hanley, Moses, Therriault                                             
                                                                               
And so, Amendment No. 10 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 11 was offered  by Representative Vezey:                          
                                                                               
Page 5, line 18, following "was":                                          
	Insert "the holder of a valid permit to carry a concealed                   
handgun under AS18.65.700- 18.65.790 or was"                                 
                                                                               
Representative Vezey moved and asked unanimous consent that                    
Amendment No. 11 be adopted.                                                   
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
Amendment No. 11 was adopted.                                                  
                                                                               

1997-05-09                     House Journal                      Page 1769
SB 141                                                                       
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
Page 9, line 25:                                                               
Delete "and"                                                                  
                                                                               
Page 9, following line 25:                                                     
Insert a new paragraph to read:                                               
		"(2)  within an office of the state or federal government                   
or of a political subdivision of the state where notice that carrying          
a firearm is prohibited has been given by the posting of a                     
conspicuous notice; and"                                                       
                                                                               
Renumber the following paragraph accordingly.                                  
                                                                               
Page 9, following line 27:                                                     
Insert a new bill section to read:                                            
"*Sec. 19.  AS 18.65.755(b) is amended to read:                              
	"(b)  In (a) of this section, the posting of a conspicuous notice            
is satisfied if the notice                                                     
		(1)  is printed in legible English;                                         
		(2)  is at least 144 square inches in size;                                 
		(3)  contains the name and address of the person under                      
whose authority the notice is posted; and                                      
		(4)  is posted at each entrance to the office, residence, or            
place where a meeting is held."                                                
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Vezey objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 141(FIN) am H                                                         
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  11   NAYS:  24   EXCUSED:  0   ABSENT:  5                             
                                                                               

1997-05-09                     House Journal                      Page 1770
SB 141                                                                       
Yeas:  Berkowitz, Croft, Davies, Dyson, Elton, Grussendorf, Hudson,            
Joule, Kemplen, Kubina, Nicholia                                               
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Foster,                
Green, Hodgins, Ivan, James, Kelly, Kohring, Martin, Masek, Mulder,            
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey             
                                                                               
Absent:  Hanley, Kookesh, Kott, Moses, Williams                                
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Davies:                          
                                                                               
Page 8, line 17:                                                               
Delete "and"                                                                  
                                                                               
Page 8, line 19, following "AS 18.65.715":                                     
Delete "."                                                                    
Insert "; and                                                                 
		(6) is not now suffering, and has not within the five years                 
immediately preceding the application suffered, from a mental                  
illness as defined in AS 47.30.915."                                           
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 4 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 141(FIN) am H                                                         
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  13   NAYS:  23   EXCUSED:  0   ABSENT:  4                             
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf,             
Hudson, Joule, Kemplen, Kubina, Nicholia, Porter                               
                                                                               

1997-05-09                     House Journal                      Page 1771
SB 141                                                                       
Nays:  Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green,                
Hodgins, Ivan, James, Kelly, Kohring, Martin, Masek, Mulder, Ogan,             
Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                 
                                                                               
Absent:  Hanley, Kookesh, Kott, Moses                                          
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
Amendment No. 5 was offered  by Representative Davies:                          
                                                                               
Page 8, line 19, following "AS 18.65.715":                                     
Delete "."                                                                    
Insert "; and                                                                 
		(7)  is not now and has not within the three years                          
immediately preceding the application entered a substance abuse                
treatment program."                                                            
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 5 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 141(FIN) am H                                                         
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  3   NAYS:  33   EXCUSED:  0   ABSENT:  4                              
                                                                               
Yeas:  Berkowitz, Davies, Elton                                                
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davis,                 
Dyson, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James,               
Joule, Kelly, Kemplen, Kohring, Kubina, Martin, Masek, Mulder,                 
Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault,         
Vezey, Williams                                                                
                                                                               
Absent:  Hanley, Kookesh, Kott, Moses                                          
                                                                               
                                                                               

1997-05-09                     House Journal                      Page 1772
SB 141                                                                       
And so, Amendment No. 5 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 12 was offered  by Representative Berkowitz:                      
                                                                               
Page 8, line 17:                                                               
Delete "and"                                                                  
                                                                               
Page 8, following line 17:                                                     
Insert 	"(5) has not been convicted or is not currently charged               
with a felony under the laws of this state or a similar law of                 
another jurisdiction; and"                                                     
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 12 be adopted.                                                   
                                                                               
Representative Vezey objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 12 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
HCS CSSB 141(FIN) am H                                                         
Second Reading                                                                 
Amendment No. 12                                                               
                                                                               
YEAS:  12   NAYS:  24   EXCUSED:  0   ABSENT:  4                             
                                                                               
Yeas:  Berkowitz, Bunde, Davies, Elton, Green, Grussendorf, Joule,             
Kemplen, Kubina, Nicholia, Porter, Williams                                    
                                                                               
Nays:  Austerman, Barnes, Brice, Cowdery, Croft, Davis, Dyson,                 
Foster, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin, Masek,           
Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey             
                                                                               
Absent:  Hanley, Ivan, Kookesh, Moses                                          
                                                                               
And so, Amendment No. 12 was not adopted.                                      
                                                                               
Representative Kubina moved and asked unanimous consent that the               
House rescind previous action in failing to adopt Amendment No. 4.             
                                                                               
Objection was heard.                                                           

1997-05-09                     House Journal                      Page 1773
SB 141                                                                       
The question being:  "Shall the House rescind previous action in               
failing to adopt Amendment No. 4?"  The roll was taken with the                
following result:                                                              
                                                                               
HCS CSSB 141(FIN) am H                                                         
Second Reading                                                                 
Rescind previous action/Amendment No. 4                                        
                                                                               
YEAS:  14   NAYS:  23   EXCUSED:  0   ABSENT:  3                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Green, Grussendorf,             
Hudson, Joule, Kemplen, Kookesh, Kubina, Nicholia, Williams                    
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster,                
Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder,             
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey                         
                                                                               
Absent:  Hanley, Moses, Therriault                                             
                                                                               
And so, the motion failed.                                                     
                                                                               
Representative Porter moved and asked unanimous consent that                   
HCSCSSB 141(FIN) am H be considered engrossed, advanced to third               
reading and placed on final passage.                                           
                                                                               
Objection was heard.                                                           
                                                                               
The Speaker stated that HCS CSSB 141(FIN) am H will be in third                
reading on tomorrow's calendar.