Legislature(1997 - 1998)
1997-05-09 House Journal
Full Journal pdf1997-05-09 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.