Legislature(1999 - 2000)

2000-03-01 House Journal

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2000-03-01                     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.