Legislature(1995 - 1996)

1996-04-02 Senate Journal

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1996-04-02                     Senate Journal                      Page 3016
SB 177                                                                       
SENATE BILL NO. 177 An Act relating to permits to carry                        
concealed handguns was read the second time.                                   
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the Finance Committee Substitute offered on page 2922.             
Senator Lincoln objected.                                                      
                                                                               
                                                                               

1996-04-02                     Senate Journal                      Page 3017
SB 177                                                                       
The question being: Shall the Finance Committee Substitute be                  
adopted?  The roll was taken with the following result:                        
                                                                               
SB 177                                                                         
Second Reading                                                                 
Adopt FIN Committee Substitute?                                                
                                                                               
YEAS:  18   NAYS:  1   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp,               
Taylor, Torgerson, Zharoff                                                     
                                                                               
Nays:  Lincoln                                                                 
                                                                               
Absent:  Kelly                                                                 
                                                                               
and so, CS FOR SENATE BILL NO. 177(FIN) An Act relating to                     
permits to carry concealed handguns; and relating to possession of             
firearms on state ferries was adopted and read the second time.                
                                                                               
Senator Halford offered Amendment No. 1:                                       
                                                                               
Page 2, lines 18 - 19:                                                         
	Delete "did not consume an intoxicating liquor at any                       
time during the eight hours before the possession"                           
	Insert "did not have more than 0.04 percent by weight of                    
alcohol in the person's blood, more than 40 milligrams of alcohol              
per 100 milligrams of blood, or more than 0.04 grams of alcohol                
per 210 liters of the person's breath, as determined by a                      
chemical test taken within four hours after the offense was                    
committed"                                                                   
                                                                               
Page 2, following line 27:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 3.  AS11.61.220 is amended by adding a new subsection             
to read:                                                                       
	(h)  When the holder of a valid permit to carry a                            
concealed handgun under AS18.65.700 - 18.65.790 is                             
charged by a peace officer or arrested for violating (a)(2) of                 
                                                                               
                                                                               

1996-04-02                     Senate Journal                      Page 3018
SB 177                                                                       
this section, the holder may request the peace officer to                     
conduct a blood or breath test, at the expense of the holder,                  
to determine the holder's blood alcohol level for use under                    
(d)(1) of this section."                                                       
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Halford moved for the adoption of Amendment No. 1.                     
Senator Duncan objected.                                                       
                                                                               
Senator Rieger offered the following amendment to Amendment No.                
1:                                                                             
                                                                               
Page 1, lines 4 and 6:                                                         
	Delete: 0.04                                                                  
	Insert:  0.02                                                                 
                                                                               
Page 1, line 5:                                                                
	Delete: 40                                                                    
	Insert:  20                                                                   
                                                                               
Senator Rieger moved and asked unanimous consent for the adoption              
of the amendment to Amendment No. 1.  Senators Halford, Donley                 
objected.                                                                      
                                                                               
The question being: Shall the amendment to Amendment No. 1 be                  
adopted?  The roll was taken with the following result:                        
                                                                               
CSSB 177(FIN)                                                                  
Second Reading                                                                 
Amendment to Amendment No. 1                                                   
                                                                               
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Duncan, Ellis, Leman, Lincoln, Rieger, Salo                             
                                                                               
Nays:  Adams, Donley, Frank, Green, Halford, Hoffman, Kelly,                   
Miller, Pearce, R.Phillips, Sharp, Taylor, Torgerson, Zharoff                  
                                                                               
and so, the amendment to Amendment No. 1 failed.                               
                                                                               
                                                                               

1996-04-02                     Senate Journal                      Page 3019
SB 177                                                                       
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 177(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Hoffman, Kelly, Miller,                  
Pearce, Sharp, Taylor, Torgerson, Zharoff                                      
                                                                               
Nays:  Adams, Duncan, Ellis, Leman, Lincoln, R.Phillips, Rieger,               
Salo                                                                           
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
Senator Duncan offered Amendment No. 2:                                        
                                                                               
Page 7, after line 5:                                                          
	Insert: (8) A meeting of a business, charitable, or other                     
organization or entity where notice that carrying a concealed handgun          
is prohibited has been given by the posting of conspicuous notice              
                                                                               
Senator Duncan moved for the adoption of Amendment No. 2.                      
Senator Halford objected.                                                      
                                                                               
President Pearce called the Senate.  The call was satisfied.                   
                                                                               
The question being: Shall Amendment No. 2 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 177(FIN) am                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Kelly, Lincoln, R.Phillips,              
Rieger, Salo, Zharoff                                                          
                                                                               
Nays:  Donley, Frank, Green, Halford, Leman, Miller, Pearce, Sharp,            
Taylor, Torgerson                                                              
                                                                               

1996-04-02                     Senate Journal                      Page 3020
SB 177                                                                       
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Sharp offered Amendment No. 3:                                         
                                                                               
Page 6, lines 18 - 19:                                                         
	Delete "(5) ª(9)ß  a residence, other than the permittee's              
residence, unless the permittee has first obtained the express                 
permission to bring a concealed handgun into the residence from                
an adult residing there ªWHERE"                                              
	Insert "ª(9)  A RESIDENCE WHERE"                                              
                                                                               
Page 7, line 1:                                                                
	Delete "(6)"                                                              
	Insert "(5)"                                                              
                                                                               
Page 7, line 4:                                                                
	Delete "(7)"                                                              
	Insert "(6)"                                                              
                                                                               
Senator Sharp moved and asked unanimous consent for the adoption               
of Amendment No. 3.  Senator Phillips objected.                                
                                                                               
The question being: Shall Amendment No. 3 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 177(FIN) am                                                               
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller,           
Sharp, Taylor, Torgerson                                                       
                                                                               
Nays:  Adams, Duncan, Ellis, Hoffman, Pearce, R.Phillips, Rieger,              
Salo, Zharoff                                                                  
                                                                               
and so, Amendment No. 3 was adopted.                                           
                                                                               
                                                                               

1996-04-02                     Senate Journal                      Page 3021
SB 177                                                                       
Senator Zharoff offered Amendment No. 4:                                       
                                                                               
Page 7, line 2 after statute                                                   
	Insert: or regulation                                                     
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 4.                     
Senator Green objected.                                                        
                                                                               
The question being: Shall Amendment No. 4 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 177(FIN) am                                                               
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, R.Phillips, Rieger,             
Salo, Zharoff                                                                  
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
Sharp, Taylor, Torgerson                                                       
                                                                               
and so, Amendment No. 4 failed.                                                
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Senator Duncan objected.                                             
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
CSSB 177(FIN) am                                                               
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               

1996-04-02                     Senate Journal                      Page 3022
SB 177                                                                       
and so, the bill failed to advance to third reading.                           
                                                                               
CS FOR SENATE BILL NO. 177(FIN) am will appear on the April                    
3 calendar.