Legislature(2003 - 2004)

2004-05-10 House Journal

Full Journal pdf

2004-05-10                     House Journal                      Page 4167
SB 170                                                                                            
HCS CSSB 170(FIN) was again before the House in third reading.                                      
                                                                                                    
Representative Rokeberg placed a call of the House on the calendar                                  
and lifted the call.                                                                                
                                                                                                    
**Representative Coghill moved and asked unanimous consent that                                     
Representative Moses be excused from a call of the House for the                                    
remainder of this legislative day.  There being no objection, it was so                             
ordered.                                                                                            
                                                                                                    
Representative Rokeberg placed a call of the House.                                                 
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
Representative Rokeberg lifted the call.                                                            
                                                                                                    

2004-05-10                     House Journal                      Page 4168
**Representative Coghill moved and asked unanimous consent that                                     
Representative Fate be excused from a call of the House for the                                     
remainder of this legislative day.  There being no objection, it was so                             
ordered.                                                                                            
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
HCS CSSB 170(FIN) be returned to second reading for the specific                                    
purpose of considering Amendment No. 4.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 4 was offered by Representatives Berkowitz and                                        
McGuire:                                                                                            
                                                                                                    
Page 1, line 12, following "blood;" (title amendment):                                            
 Insert "increasing the duration of certain provisions of                                         
domestic violence protective orders from six months to one year;"                                 
                                                                                                    
Page 14, following line 4:                                                                          
 Insert a new bill section to read:                                                                 
   "* Sec. 25.  AS 18.66.100(b) is amended to read:                                               
         (b)  When a petition for a protective order is filed, the court                            
    shall schedule a hearing and provide at least 10 days' notice to the                            
    respondent of the hearing and of the respondent's right to appear                               
    and be heard, either in person or by an attorney. If the court finds                            
    by a preponderance of evidence that the respondent has committed                                
    a crime involving domestic violence against the petitioner,                                     
    regardless of whether the respondent appears at the hearing, the                                
    court may order any relief available under (c) of this section. The                             
    provisions of a protective order issued under                                                   
             (1)  (c)(1) of this section are effective until further order                          
    of the court;                                                                                   
             (2)  (c)(2) - (16) of this section are effective for one year                      
    [SIX MONTHS] unless earlier dissolved by court order."                                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 18, lines 19 - 20:                                                                             
 Delete "26, 31, 32, and 34(b)"                                                                     
 Insert "27, 32, 33, and 35(b)"                                                                     
                                                                                                    

2004-05-10                     House Journal                      Page 4169
Page 18, line 22:                                                                                   
 Delete "Sections 27 and 29"                                                                        
 Insert "Sections 28 and 30"                                                                        
                                                                                                    
Page 18, line 24:                                                                                   
 Delete "sec. 27"                                                                                   
 Insert "sec. 28"                                                                                   
 Delete "sec. 29"                                                                                   
 Insert "sec. 30"                                                                                   
                                                                                                    
Page 18, line 25:                                                                                   
 Delete "secs. 27 and 29"                                                                           
 Insert "secs. 28 and 30"                                                                           
                                                                                                    
Page 18, line 30:                                                                                   
 Delete "25, 28, and 30"                                                                            
 Insert "26, 29, and 31"                                                                            
                                                                                                    
Page 19, line 1:                                                                                    
 Delete "Section 33"                                                                                
 Insert "Section 34"                                                                                
                                                                                                    
Page 19, line 3:                                                                                    
 Delete "This Act takes"                                                                            
 Insert "Sections 1 - 24 and 26 - 36 of this Act take"                                              
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 4 be adopted.  There being no objection, it was so                                    
ordered and the new title follows:                                                                  
                                                                                                    
           HOUSE CS FOR CS FOR SENATE BILL NO. 170(FIN) am H                                       
    "An Act relating to the justification of defense of self or others,                             
    immunity from prosecution, sentencing, probation, discretionary                                 
    parole, and the right to representation in certain criminal                                     
    proceedings; relating to violation of a custodian's duty; relating to                           
    sexual abuse of a minor; relating to release of information                                     
    concerning certain cases involving a minor; relating to local                                   
    options regarding alcoholic beverages, the offense of furnishing or                             
    delivery of alcoholic beverages to a person under 21 years of age,                              
    and forfeiture of property used in, and money or other items of                                 

2004-05-10                     House Journal                      Page 4170
    value used in financial transactions derived from, violation of                                 
    certain laws relating to alcoholic beverages; relating to assault by                            
    means of a dangerous instrument; relating to operating or driving                               
    a motor vehicle, aircraft, or watercraft while under the influence                              
    of an alcoholic beverage, inhalant, or controlled substance, to the                             
    refusal to submit to a chemical test, and to the presumptions                                   
    concerning the chemical analysis of breath or blood; increasing                                 
    the duration of certain provisions of domestic violence protective                              
    orders from six months to one year; and providing for an effective                              
    date."                                                                                          
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
HCS CSSB 170(FIN) am H be returned to second reading for the                                        
specific purpose of considering Amendment No. 6.  There being no                                    
objection, it was so ordered.                                                                       
                                                                                                    
The Speaker stated that, without objection, the rules would be                                      
suspended and the bill would be returned to second reading for all                                  
amendments.                                                                                         
                                                                                                    
Amendment No. 6 was offered by Representatives Gruenberg,                                           
Weyhrauch, Gatto, Masek, and Berkowitz:                                                             
                                                                                                    
Page 1, line 2 (title amendment):                                                                   
 Delete "sentencing"                                                                              
                                                                                                    
Page 12, line 12, through page 14, line 4:                                                          
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 17, line 20, through page 18, line 9:                                                          
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 18, line 15:                                                                                   
 Delete "(a)"                                                                                       
                                                                                                    
Page 18, line 16:                                                                                   
 Delete all material.                                                                               
                                                                                                    

2004-05-10                     House Journal                      Page 4171
Page 18, lines 19 - 20:                                                                             
 Delete "23, 24, 26, 31, 32, and 34(b)"                                                             
 Insert "and 24"                                                                                    
                                                                                                    
Page 18, line 22:                                                                                   
 Delete "Sections 27 and 29"                                                                        
 Insert "Sections 25 and 27"                                                                        
                                                                                                    
Page 18, line 24:                                                                                   
 Delete "sec. 27"                                                                                   
 Insert "sec. 25"                                                                                   
 Delete "sec. 29"                                                                                   
 Insert "sec. 27"                                                                                   
                                                                                                    
Page 18, line 25:                                                                                   
 Delete "secs. 27 and 29"                                                                           
 Insert "secs. 25 and 27"                                                                           
                                                                                                    
Page 18, line 30:                                                                                   
 Delete "25, 28, 30"                                                                                
 Insert "23, 26, 28"                                                                                
                                                                                                    
Page 19, line 1:                                                                                    
 Delete "Section 33"                                                                                
 Insert "Section 29"                                                                                
                                                                                                    
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 6 be adopted.                                                                         
                                                                                                    
Representative Samuels objected.                                                                    
                                                                                                    
                                                                                                    
Representative McGuire placed a call of the House.                                                  
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                  
was taken with the following result:                                                                

2004-05-10                     House Journal                      Page 4172
                                                                                                    
HCS CSSB 170(FIN) am H--RECONSIDERATION                                                             
Second Reading                                                                                      
Amendment No. 6                                                                                     
                                                                                                    
YEAS:  20   NAYS:  18   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gatto, Gruenberg,                                  
Guttenberg, Heinze, Joule, Kerttula, Kohring, Kookesh, Masek,                                       
Morgan, Ogg, Seaton, Weyhrauch, Wilson, Wolf                                                        
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Foster, Harris,                                      
Hawker, Holm, Kapsner, Kott, Lynn, McGuire, Meyer, Rokeberg,                                        
Samuels, Stepovich, Stoltze, Williams                                                               
                                                                                                    
Excused:  Fate, Moses                                                                               
                                                                                                    
And so, Amendment No. 6 was adopted and the new title follows:                                      
                                                                                                    
           HOUSE CS FOR CS FOR SENATE BILL NO. 170(FIN) am H                                       
    "An Act relating to the justification of defense of self or others,                             
    immunity from prosecution, probation, discretionary parole, and                                 
    the right to representation in certain criminal proceedings; relating                           
    to violation of a custodian's duty; relating to sexual abuse of a                               
    minor; relating to release of information concerning certain cases                              
    involving a minor; relating to local options regarding alcoholic                                
    beverages, the offense of furnishing or delivery of alcoholic                                   
    beverages to a person under 21 years of age, and forfeiture of                                  
    property used in, and money or other items of value used in                                     
    financial transactions derived from, violation of certain laws                                  
    relating to alcoholic beverages; relating to assault by means of a                              
    dangerous instrument; relating to operating or driving a motor                                  
    vehicle, aircraft, or watercraft while under the influence of an                                
    alcoholic beverage, inhalant, or controlled substance, to the refusal                           
    to submit to a chemical test, and to the presumptions concerning                                
    the chemical analysis of breath or blood; increasing the duration                               
    of certain provisions of domestic violence protective orders from                               
    six months to one year; and providing for an effective date."                                   
                                                                                                    
Amendment No. 3 was offered by Representative Weyhrauch:                                            
                                                                                                    
Page 18, following line 16:                                                                         
 Insert a new bill section to read:                                                                 

2004-05-10                     House Journal                      Page 4173
   " * Sec. 35.  The uncodified law of the State of Alaska is amended                             
by adding a new section to read:                                                                    
 REPORT ON IMPLEMENTATION OF SECS. 24 AND 27 OF                                                     
THIS ACT.  The Department of Law, in consultation with the                                          
Department of Corrections, Department of Public Safety, Department                                  
of Administration;, Public Defender Agency, Office of Public                                        
Advocacy, and the Alaska Court System shall prepare a report on the                                 
implementation of secs. 24 and 27 of the Act.  The report shal be                                   
submitted by February 1, 2006 to the governor and the legislature."                                 
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Amendment to Amendment No. 3 was offered by Representative                                          
Gruenberg:                                                                                          
                                                                                                    
 Delete "the implementation of secs. 24 and 27 of this Act"                                         
 Insert "mandatory consecutive sentences"                                                           
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
The question being:  "Shall Amendment to Amendment No. 3 be                                         
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
HCS CSSB 170(FIN) am H--RECONSIDERATION                                                             
Second Reading                                                                                      
Amendment to Amendment No. 3                                                                        
                                                                                                    
YEAS:  18   NAYS:  20   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Gara, Gatto,                                    
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                  
Masek, Ogg, Weyhrauch, Wilson                                                                       
                                                                                                    
Nays:  Anderson, Chenault, Dahlstrom, Foster, Harris, Hawker,                                       
Heinze, Holm, Kott, Lynn, McGuire, Meyer, Morgan, Rokeberg,                                         
Samuels, Seaton, Stepovich, Stoltze, Williams, Wolf                                                 
                                                                                                    

2004-05-10                     House Journal                      Page 4174
Excused:  Fate, Moses                                                                               
                                                                                                    
And so, Amendment to Amendment No. 3 was not adopted.                                               
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent to                                       
withdraw Amendment No. 3.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
Amendment No. 5 was offered by Representative Weyhrauch:                                            
                                                                                                    
Page 14, line 30:                                                                                   
 Delete "20"                                                                                        
 Insert "10"                                                                                        
                                                                                                    
Page 16, line 13:                                                                                   
 Delete "20"                                                                                        
 Insert "10"                                                                                        
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 170(FIN) am H--RECONSIDERATION                                                             
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
YEAS:  35   NAYS:  3   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Kott,                                       
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Nays:  Berkowitz, Kerttula, Lynn                                                                    
                                                                                                    
Excused:  Fate, Moses                                                                               
                                                                                                    
And so, Amendment No. 5 was adopted.                                                                
                                                                                                    

2004-05-10                     House Journal                      Page 4175
HCS CSSB 170(FIN) am H was automatically in third reading.                                          
                                                                                                    
The question to be reconsidered:  "Shall HCS CSSB 170(FIN) am H                                     
pass the House?"  The roll was taken with the following result:                                     
                                                                                                    
HCS CSSB 170(FIN) am H--RECONSIDERATION                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                               
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Fate, Moses                                                                               
                                                                                                    
And so, HCS CSSB 170(FIN) am H passed the House on                                                  
reconsideration.                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HCS CSSB 170(FIN) am H was referred to the Chief Clerk for                                          
engrossment.