Legislature(1999 - 2000)
2000-03-01 House Journal
Full Journal pdf2000-03-01 House Journal Page 2359 HB 180 The following was read the second time: HOUSE BILL NO. 180 "An Act relating to the possession, manufacture, use, display, or delivery of controlled substances while children are present." with the: Journal Page JUD RPT CS(JUD) 3DP 4NR 1137 INDETERMINATE FISCAL NOTE (LAW) 1137 2000-03-01 House Journal Page 2360 HB 180 ZERO FISCAL NOTE (H.JUD) 1137 FIN RPT CS(FIN) 3DP 4DNP 3NR 2112 FISCAL NOTE (ADM) 2113 2 INDETERMINATE FISCAL NOTES (COR, LAW) 2113 ZERO FISCAL NOTE (COURT) 2113 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 180(FIN) (same title) There being no objection, it was so ordered. **The presence of Representative Rokeberg was noted. Amendment No. 1 was offered by Representative Berkowitz: Page 1, lines 1 - 2 (title amendment): Delete all material and insert: "An Act relating to the adoption of an aggravating factor in sentencing for persons who violate Alaska Statute 11.71 in the physical presence of children." Page 1, line 4 through page 2, line 19: Delete all material and insert: "Section 1. AS 12.55.155(c) is amended by adding a new paragraph to read: (30) the defendant is convicted of an offense specified in AS 11.71, and the offense occurred in the immediate physical presence of a person under 18 years of age." Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Cowdery objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2000-03-01 House Journal Page 2361 HB 180 CSHB 180(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Davis, Grussendorf, Halcro, Joule, Kapsner, Kemplen, Kookesh, Moses, Murkowski, Rokeberg, Smalley, Williams Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Dyson, Foster, Green, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Ogan, Phillips, Porter, Sanders, Therriault, Whitaker Excused: Kerttula And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Berkowitz: Page 1, line 14: Delete "possession," Page 2, line 1: Delete "possession," Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. Representative James objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 180(FIN) Second Reading Amendment No. 2 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 2000-03-01 House Journal Page 2362 HB 180 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Davis, Grussendorf, Halcro, Hudson, Joule, Kapsner, Kemplen, Kookesh, Moses, Smalley, Williams Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Dyson, Foster, Green, Harris, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker Excused: Kerttula And so, Amendment No. 2 was not adopted. Amendment No. 3 was not offered. Amendment No. 4 was offered by Representative Davies: Page 2, line 2, following "occurring,": Insert "and the child is aware that the possession, manufacture, use, display, or delivery is occurring," Representative Davies moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 180(FIN) Second Reading Amendment No. 4 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Davis, Grussendorf, Hudson, Joule, Kapsner, Kemplen, Kookesh, Moses, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Dyson, Foster, Green, Halcro, Harris, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams 2000-03-01 House Journal Page 2363 HB 180 Excused: Kerttula And so, Amendment No. 4 was not adopted. Representative Green moved and asked unanimous consent that CSHB 180(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 180(FIN) will be in third reading on the March 3, 2000, calendar.