Legislature(2005 - 2006)
2006-05-02 House Journal
Full Journal pdf2006-05-02 House Journal Page 3481 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - SECOND SESSION Juneau, Alaska Tuesday May 2, 2006 One Hundred Fourteenth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:16 a.m. Roll call showed 35 members present. Representatives Kelly, Stoltze, and Weyhrauch were absent and their presence was noted later. Representative Coghill moved and asked unanimous consent that Representatives Foster and Samuels be excused from a call of the House to noon, today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Representative Wilson. Representative Dahlstrom moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Dear Heavenly Father, We thank You for Your steadfast love and care for us. Forgive us for the way we, at this time of year, act in our frustrations toward others. Help us these last few days of session and through the special session to show respect to each other through our actions and our words. Give us wisdom, knowledge, understanding, and discernment as we debate the PPT and decide how we will vote on other various issues. Be with our families who are anxious to have us home. Protect them and keep them safe while we are here in Juneau going about the state's business. Thank You, Father, for all the blessings You have bestowed upon each person in this body. All these things we pray in Jesus' name. Amen. 2006-05-02 House Journal Page 3482 The Pledge of Allegiance was led by Representative Neuman. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 113th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 269 A message dated April 26, 2006, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR HOUSE BILL NO. 269(JUD) "An Act relating to contribution actions relating to the release of a hazardous substance; and providing for an effective date." Chapter No. 15, SLA 2006 Effective Date: April 27, 2006 HB 274 A message dated April 28, 2006, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 274(FIN) "An Act relating to the practice of accounting; and providing for an effective date." Chapter No. 16, SLA 2006 Effective Date: See Chapter A letter dated May 1, 2006, was read stating that, in accordance with AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the boards and commissions noted. 2006-05-02 House Journal Page 3483 The Speaker referred the following to the Finance Committee: State Assessment Review Board Ms. Mary (Mickey) Keller - Anchorage Appointed: 4/25/2006 The Speaker referred the following to the Health, Education & Social Services Committee: Professional Teaching Practices Commission Mr. Jeff Hebard - Fairbanks Appointed: 5/1/2006 Term Expires: 3/1/2007 The Speaker referred the following to the Resources Committee: Big Game Commercial Services Board Mr. Ray Stoney - Kiana Appointed: 5/1/2006 Term Expires: 3/1/2010 Board of Fisheries Mr. Jeremiah Campbell - Seward Reappointed: 7/1/2006 Term Expires: 6/30/2009 Resumes for the appointments are on file in the Chief Clerk's office. **The presence of Representative Stoltze was noted. MESSAGES FROM THE SENATE HB 394 A message dated May 1, 2006, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 394(L&C) am "An Act relating to allowing insurance policy forms to be filed and approved in languages other than English if an official English language version is also filed, and authorizing use of insurance policy forms and associated materials in languages other than English." 2006-05-02 House Journal Page 3484 CSHB 394(L&C) am was referred to the Chief Clerk for enrollment. SB 298 A message dated May 1, 2006, was read stating the Senate has concurred in the House amendment to CSSB 298(JUD), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 298(JUD) "An Act relating to loans from trust property; relating to a trustee's power to appoint the principal of a trust to another trust; relating to challenges to, claims against, and liabilities of trustees, beneficiaries, and creditors of trusts and of trusts and estates; relating to individual retirement accounts and plans; relating to certain trusts in divorce and dissolutions of marriage situations; and providing for an effective date." A message dated May 1, 2006, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 169 CS FOR SENATE BILL NO. 169(JUD) by the Senate Judiciary Committee, entitled: "An Act relating to release of information in individual workers' compensation records; and providing for an effective date." was read the first time and referred to the Finance Committee. **The presence of Representative Samuels, who was excused (page 3481), was noted. SB 271 SENATE BILL NO. 271 by the Senate Rules Committee by request of the Governor, entitled: "An Act authorizing the commissioner of transportation and public facilities to participate in certain federal highway programs and relating to that authorization; relating to powers of the 2006-05-02 House Journal Page 3485 attorney general to waive immunity from suit in federal court related to those programs; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 274 CS FOR SENATE BILL NO. 274(STA) by the Senate State Affairs Committee, entitled: "An Act relating to the disposition of forfeited, surplus, and unclaimed firearms by the state." was read the first time and referred to the Finance Committee. SB 317 SENATE BILL NO. 317 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to the purchase by the Alaska Housing Finance Corporation of a parking garage in Anchorage, Alaska and approving the issuance of bonds for the purchase of that parking garage; providing notice of, and authorizing the commissioner of the Department of Administration to enter into, a lease-purchase agreement with the Alaska Housing Finance Corporation for that parking garage; and providing for an effective date." was read the first time and referred to the Finance Committee. **The presence of Representative Kelly was noted. REPORTS OF STANDING COMMITTEES HB 381 The Finance Committee has considered: HOUSE BILL NO. 381 "An Act relating to the financing of construction, major maintenance, and renovation of facilities for the University of Alaska; relating to the financing of construction of a correctional facility; authorizing the commissioner of revenue to sell the right 2006-05-02 House Journal Page 3486 to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation, with the proceeds of that sale to finance construction, major maintenance, and renovation of facilities for the University of Alaska and to finance the construction of a correctional facility; providing for the establishment of funds for deposit of those proceeds; authorizing the issuance of bonds by the Northern Tobacco Securitization Corporation for the purpose of acquiring the right to receive a portion of anticipated revenue from a tobacco litigation settlement; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 381(FIN) "An Act relating to the financing of construction, major maintenance, and renovation of certain capital projects; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation, and relating to that sale and the use of the revenue; authorizing the Northern Tobacco Securitization Corporation to issue bonds and use the proceeds to acquire the right to receive a portion of anticipated revenue from a tobacco litigation settlement and for other purposes, and relating to those bonds; and providing for an effective date." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (6): Weyhrauch, Holm, Stoltze, Kelly, Meyer, Chenault No recommendation (3): Moses, Joule, Kerttula The following fiscal note(s) apply to CSHB 381(FIN): 1. Zero, Dept. of Administration HB 381 is on today's calendar. **The presence of Representative Weyhrauch was noted. 2006-05-02 House Journal Page 3487 SB 134 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 134(JUD) "An Act relating to a pilot project to review and investigate certain complaints from victims of sexual assault in the first degree or sexual abuse of a minor in the first degree concerning actions of justice agencies." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (5): Gatto, Elkins, Ramras, Gruenberg, Seaton The following fiscal note(s) apply: 5. Zero, Dept. of Law 6. Zero, Dept. of Public Safety 7. Zero, Dept. of Administration CSSB 134(JUD) was referred to the Judiciary Committee. SB 315 The Finance Committee has considered: CS FOR SENATE BILL NO. 315(L&C) "An Act relating to the disposition of unredeemed property; and providing for an effective date." The report was signed by Representative Chenault, Co-chair, with the following individual recommendations: Do pass (2): Kelly, Chenault No recommendation (5): Kerttula, Hawker, Holm, Weyhrauch, Moses The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development 2006-05-02 House Journal Page 3488 CSSB 315(L&C) was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES SB 172 The Conference Committee considering: HOUSE CS FOR SENATE BILL NO. 172(FIN) am H "An Act relating to election pamphlets and to the presentation of initiatives and referenda on the ballot; relating to review of applications for certification of initiatives; relating to the circulation and subscription of recall petitions; and providing for an effective date." (HCR 37 - title change resolution) and SENATE BILL NO. 172 "An Act relating to the presentation of initiatives and referenda on the ballot." requests limited powers of free conference on the following specific point(s): Section 3 of the House Version AS 15.45.180(a), which was amended by both bodies, requires an additional definition of 'subsection' not contained in either version of the bill. The request was signed by Representatives Seaton (Chair), Meyer, Gara; and Senators Therriault (Chair), Bunde, Elton. The Speaker granted the limited powers of free conference as requested. The Chief Clerk notified the Senate. 2006-05-02 House Journal Page 3489 The Conference Committee with limited powers of free conference considering HCS SB 172(FIN) am H and SB 172 recommends the following be adopted: CONFERENCE CS FOR SENATE BILL NO. 172 "An Act relating to election pamphlets and to the presentation of initiatives and referenda on the ballot; relating to review of applications for certification of initiatives; relating to the circulation and subscription of recall petitions; and providing for an effective date." The report was signed by Representatives Seaton (Chair), Meyer, Gara; and Senators Therriault (Chair), Bunde, Elton. The following fiscal note(s) apply to CCS SB 172: 3. Fiscal, Office of the Governor 4. Fiscal, House Finance Committee/Office of the Governor 5. Fiscal, Dept. of Law Representative Coghill moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS SB 172. The question being: "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS SB 172 Adopt YEAS: 34 NAYS: 0 EXCUSED: 1 ABSENT: 5 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Gara, Gardner, Gatto, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2006-05-02 House Journal Page 3490 Excused: Foster Absent: Anderson, Croft, Gruenberg, Kott, Salmon And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting CCS SB 172. 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. The Chief Clerk notified the Senate. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Marit Hartvigson, First Place Winner of the 2004 Annual Caring for the Kenai Program By Representative Olson; Senator Wagoner Honoring - James Southam By Representative Gara; Senator Ellis Honoring - Robert D. Miller, Eagle Scout Award By Representative Elkins; Senator Stedman Honoring - Dennis Olsen By Representative Elkins; Senator Stedman Honoring - Rachel Steer By Representative McGuire Honoring - Rupert Earle Andrews By Representatives Kerttula, Weyhrauch; Senator Elton Honoring - Theresa Reed, 2006 Woman of Distinction By Representative Kelly 2006-05-02 House Journal Page 3491 Honoring - Patty Kastelic, 2006 Woman of Distinction By Representative Kelly Honoring - Rosalind Kan, 2006 Woman of Distinction By Representative Kelly Honoring - Marilyn Romano, 2006 Woman of Distinction By Representative Kelly Honoring - Valdez Fisheries Development Association By Representatives Weyhrauch, Kerttula; Senator Elton Honoring - Juneau Jambaars Soccer Team, Alaska State Champions By Representatives Kerttula, Weyhrauch; Senator Elton Honoring - Ketchikan Fire Departments By Representative Elkins; Senator Stedman Honoring - Southeast Island School District's Teachers and Support Staff By Representative Elkins; Senator Stedman Honoring - Legal Services, Alaska Legislative Legal Services By Representatives Elkins, Anderson Honoring - "The Vietnam Moving Wall" and the Fallen Sons of Alaska By Representatives Thomas, Stoltze, Dahlstrom; Senator Huggins Honoring - 2006 Winter Games, Team Alaska By Representative Kelly Honoring - Alaska Crab Coalition By Representatives Weyhrauch, Kerttula; Senator Elton Honoring - Gene Horner By Senators Huggins, Green; Representative Gatto Honoring - Jamie Smith By Senator Huggins; Representative Neuman 2006-05-02 House Journal Page 3492 Honoring - Judge Larry Card By Senator Davis Honoring - Carolyn Jones, First Woman Appointed to the Rotary International Board By Senator Davis Honoring - William R. Lyle By Senator Huggins; Representative Stoltze Honoring - Patricia B. "Pat" Wolf By Senator Guess Honoring - Houston High School Hockey Team By Senator Huggins; Representative Neuman Honoring - Ninilchik Lady Wolverines Basketball Team By Senator Wagoner; Representative Chenault In Memoriam - Annabelle Lee Mansfield By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - Janel Thompson By Representative Holm; Senator Wilken In Memoriam - Mary Ellen Shea By Representative Gara; Senators Bunde, French In Memoriam - Donald Eugene Gilman By Representative Olson; Senator Wagoner In Memoriam - Kristine Lee Karlsson By Representative Gatto In Memoriam - Marion Esther Loomis By Representative Gatto In Memoriam - Andrew Carl Bouwens By Representative Gatto 2006-05-02 House Journal Page 3493 In Memoriam - Lucille "Lucy" Meveline McConnaughey By Senator Dyson; Representative Stoltze In Memoriam - Randy Lewis Holland By Senator Davis In Memoriam - Pauline Utter By Senator Davis In Memoriam - Maggie C. Veal By Senator Davis In Memoriam - Robert Benson By Senator Davis In Memoriam - Alicia Iden By Senator Davis In Memoriam - Sally Fred By Senator Kookesh; Representative Thomas In Memoriam - Daniel Jackson By Senator Kookesh; Representative Thomas In Memoriam - Cleo Bryan McMahan By Senator Therriault CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 240 The following was read the second time: HOUSE BILL NO. 240 "An Act relating to brewery and brew pub licensing." 2006-05-02 House Journal Page 3494 with the: Journal Page L&C RPT CS(L&C) 5DP 1AM 3178 FN1: ZERO(DPS) 3179 JUD RPT CS(JUD) NT 3DP 4NR 3246 FN1: ZERO(DPS) 3246 RLS RPT CS(RLS) NT 6NR 3458 FN1: ZERO(DPS) 3459 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 240(RLS) "An Act relating to brewery and brewpub licensing and to free samples of beer and wine provided by beverage dispensary licensees, wholesale licensees, and wholesale malt beverage and wine licensees." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 240(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 240(RLS) will advance to third reading on tomorrow's calendar. HB 306 The following was read the second time: HOUSE BILL NO. 306 "An Act making certain land available for selection by the Matanuska-Susitna Borough." with the: Journal Page RES RPT CS(RES) 2DP 3NR 3249 FN1: ZERO(DNR) 3249 2006-05-02 House Journal Page 3495 FIN RPT CS(FIN) 1DP 1DNP 6NR 3402 FN1: ZERO(DNR) 3402 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 306(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 306(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 306(FIN) will advance to third reading on tomorrow's calendar. HB 381 The following was read the second time: HOUSE BILL NO. 381 "An Act relating to the financing of construction, major maintenance, and renovation of facilities for the University of Alaska; relating to the financing of construction of a correctional facility; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation, with the proceeds of that sale to finance construction, major maintenance, and renovation of facilities for the University of Alaska and to finance the construction of a correctional facility; providing for the establishment of funds for deposit of those proceeds; authorizing the issuance of bonds by the Northern Tobacco Securitization Corporation for the purpose of acquiring the right to receive a portion of anticipated revenue from a tobacco litigation settlement; and providing for an effective date." 2006-05-02 House Journal Page 3496 with the: Journal Page FIN RPT CS(FIN) NT 6DP 3NR 3485 FN1: ZERO(ADM) 3486 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 381(FIN) "An Act relating to the financing of construction, major maintenance, and renovation of certain capital projects; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation, and relating to that sale and the use of the revenue; authorizing the Northern Tobacco Securitization Corporation to issue bonds and use the proceeds to acquire the right to receive a portion of anticipated revenue from a tobacco litigation settlement and for other purposes, and relating to those bonds; and providing for an effective date." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 381(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 381(FIN) will advance to third reading on tomorrow's calendar. SECOND READING OF SENATE BILLS SB 261 The following was read the second time: CS FOR SENATE BILL NO. 261(FIN) "An Act relating to the designation of traffic safety corridors; relating to the bail or fine for an offense committed in a traffic 2006-05-02 House Journal Page 3497 safety corridor and to separately accounting for such fines; and providing for an effective date." with the: Journal Page JUD RPT HCS(JUD) NT 5DP 2NR 3180 FN1: (DOT) 3181 FN2: ZERO(DPS) 3181 FN3: ZERO(CRT) 3181 LETTER OF INTENT FOR JUD REPORT RECEIVED 3256 FIN RPT HCS(JUD) NT 6DP 2NR 1AM 3347 FN1: (DOT) 3348 FN2: ZERO(DPS) 3348 FN3: ZERO(CRT) 3348 FN4: INDETERMINATE(H.FIN/ALL DEPTS) 3348 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 261(JUD) "An Act relating to the designation of traffic safety corridors; relating to the bail or fine for an offense committed in a traffic safety corridor and to separately accounting for such fines; relating to the license point penalty; relating to damage claims regarding a highway work zone; and providing for an effective date." (HCR 44 - title change resolution) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS CSSB 261(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 261(JUD) was read the third time. 2006-05-02 House Journal Page 3498 The question being: "Shall HCS CSSB 261(JUD) pass the House?" The roll was taken with the following result: HCS CSSB 261(JUD) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Foster Absent: Moses And so, HCS CSSB 261(JUD) passed the House. 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. Representative Coghill moved and asked unanimous consent that the House adopt the House Judiciary Committee letter of intent (page 3256). There being no objection, it was so ordered. HCS CSSB 261(JUD) was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 12 The following, which was held from the May 1, 2006, calendar (page 3472), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 12(STA) "An Act relating to procurement from a person conducting business in or having headquarters in countries that support or ignore slavery and trafficking in persons." 2006-05-02 House Journal Page 3499 Representative Ramras moved and asked unanimous consent that HCS CSSB 12(STA) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Ramras, Croft, Kerttula, Gara, and Gruenberg: Page 1, line 1, following "Act" (title amendment): Insert "relating to human trafficking; relating to sex tourism;" Page 1, line 2, following "persons" (title amendment): Insert "; and providing for an effective date" Page 1, following line 3: Insert new bill sections to read: "* Section 1. AS 11.41 is amended by adding new sections to read: Sec. 11.41.310. Human trafficking in the first degree. (a) A person commits the crime of human trafficking in the first degree if the person compels or induces another person to come to this state to engage in sexual conduct, adult entertainment, or labor in the state by force or threat of force against any person, or by deception. (b) In this section, (1) "adult entertainment" means the conduct described in AS 23.10.350(f)(1) - (3); (2) "deception" has the meaning given in AS 11.46.180; (3) "sexual conduct" has the meaning given in AS 11.66.150. (c) Human trafficking in the first degree is a class A felony. Sec. 11.41.315. Human trafficking in the second degree. (a) A person commits the crime of human trafficking in the second degree if the person obtains a benefit from the commission of human trafficking under AS 11.41.310, with reckless disregard that the benefit is a result of the trafficking. (b) Human trafficking in the second degree is a class B felony. * Sec. 2. AS 11.66.120(a) is amended to read: (a) A person commits the crime of promoting prostitution in the second degree if the person (1) manages, supervises, controls, or owns, either alone 2006-05-02 House Journal Page 3500 or in association with others, a prostitution enterprise other than a place of prostitution; [OR] (2) procures or solicits a patron for a prostitute; or (3) offers, sells, advertises, promotes, or facilitates travel that includes commercial sexual conduct as enticement for the travel; in this paragraph, "commercial sexual conduct" means sexual conduct for which anything of value is given or received by any person." Page 1, line 4: Delete "Section 1" Insert "Sec. 3" Renumber the following bill sections accordingly. Page 2, following line 3: Insert a new bill section to read: "* Sec. 6. This Act takes effect July 1, 2006." Representative Ramras moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. The Speaker stated that, without objection, HCS CSSB 12(STA) with Amendment No. 1 moved and pending would be moved to the bottom of the calendar. SB 20 The following, which was advanced to third reading from the May 1, 2006, calendar (page 3464), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 20(FIN) "An Act relating to offenses against unborn children." Representative Kerttula moved and asked unanimous consent that HCS CSSB 20(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. 2006-05-02 House Journal Page 3501 Amendment No. 1 was offered by Representative Kerttula: Page 1, line 1: Delete all material and insert (title amendment): ""An Act relating to sentencing factors and penalties for crimes against pregnant women."" Page 1, line 3, through Page 7, line 19: Delete all material and insert: "* Section 1. AS 11 is amended by adding a new chapter to read: Chapter 32. Enhanced Penalties. Sec. 11.32.100. Penalties for crimes committed against pregnant women. (a)Notwithstanding another provision of this title or AS 12, if a person commits a crime defined in this title against a pregnant woman who the person knew or should have known to be pregnant that results in a miscarriage or stillbirth, the crime shall be punished in the following manner: (1) a crime defined as murder in the first degree under AS 11.41.100 shall be punished by a sentence of 40 - 99 years; (2) a crime defined as murder in the second degree under AS 11.41.110 shall be punished by a sentence of 30 - 99 years; (3) a crime defined in this title as a class A felony shall be punished as an unclassified felony in the manner provided for unclassified felonies in AS 12.55.125; (4) a crime defined in this title as a class B felony shall be punished as a class A felony in the manner provided for class A felonies in AS 12.55.125; (5) a crime defined in this title as a class C felony shall be punished as a class B felony in the manner provided for class B felonies in AS 12.55.125; (6) a crime defined in this title as a class A misdemeanor shall be punished as a class C felony in the manner provided for class C felonies in AS 12.55.125; (7) a crime defined in this title as a class B misdemeanor shall be punished as a class A misdemeanor in the manner provided for class A misdemeanors in AS 12.55.135. (b) The penalties in (a) of this section do not apply to acts committed (1) during a legal abortion to which the pregnant woman, or a person authorized by law to act on the pregnant woman's 2006-05-02 House Journal Page 3502 behalf, consented or for which the consent is implied by law; (2) during any medical treatment of the pregnant woman or the fetus; or (3) by a pregnant woman against herself. (c) In this section, (1) "miscarriage" means the interruption of the normal development of the fetus, other than by a live birth or by an induced abortion, resulting in the complete expulsion or extraction of the fetus from a pregnant woman; (2) "stillbirth" means the death of a fetus before the complete expulsion or extraction from a woman, other than by an induced abortion, irrespective of the duration of the pregnancy. * Sec. 2. AS 12.55.125(a) is amended to read: (a) A defendant convicted of murder in the first degree shall be sentenced to a definite term of imprisonment of at least 20 years but not more than 99 years. A defendant convicted of murder in the first degree enhanced under AS 11.32.100(a)(1) shall be sentenced to a definite term of imprisonment of at least 40 years but not more than 99 years. A defendant convicted of murder in the first degree shall be sentenced to a mandatory term of imprisonment of 99 years when (1) the defendant is convicted of the murder of a uniformed or otherwise clearly identified peace officer, fire fighter, or correctional employee who was engaged in the performance of official duties at the time of the murder; (2) the defendant has been previously convicted of (A) murder in the first degree under AS 11.41.100 or former AS 11.15.010 or 11.15.020; (B) murder in the second degree under AS 11.41.110 or former AS 11.15.030; or (C) homicide under the laws of another jurisdiction when the offense of which the defendant was convicted contains elements similar to first degree murder under AS 11.41.100 or second degree murder under AS 11.41.110; (3) the court finds by clear and convincing evidence that the defendant subjected the murder victim to substantial physical torture; or (4) the defendant is convicted of the murder of and personally caused the death of a person, other than a participant, during a robbery. 2006-05-02 House Journal Page 3503 * Sec. 3. AS 12.55.125(b) is amended to read: (b) A defendant convicted of attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, kidnapping, or misconduct involving a controlled substance in the first degree shall be sentenced to a definite term of imprisonment of at least five years but not more than 99 years. A defendant convicted of murder in the second degree or a class A felony enhanced under AS 11.32.100(a)(3) shall be sentenced to a definite term of imprisonment of at least 10 years but not more than 99 years. A defendant convicted of murder in the second degree shall be sentenced to a definite term of imprisonment of at least 20 years but not more than 99 years when the defendant is convicted of the murder of a child under 16 years of age and the court finds by clear and convincing evidence that the defendant (1) was a natural parent, a stepparent, an adopted parent, a legal guardian, or a person occupying a position of authority in relation to the child; or (2) caused the death of the child by committing a crime against a person under AS 11.41.200 - 11.41.530. A defendant convicted of murder in the second degree enhanced under AS 11.32.100(a)(2) shall be sentenced to a definite term of imprisonment of at least 30 years but not more than 99 years. In this subsection, "legal guardian" and "position of authority" have the meanings given in AS 11.41.470. * Sec. 4. AS 12.55.155(c) is amended to read: (c) The following factors shall be considered by the sentencing court if proven in accordance with this section, and may allow imposition of a sentence above the presumptive range set out in AS 12.55.125: (1) a person, other than an accomplice, sustained physical injury as a direct result of the defendant's conduct; (2) the defendant's conduct during the commission of the offense manifested deliberate cruelty to another person; (3) the defendant was the leader of a group of three or more persons who participated in the offense; (4) the defendant employed a dangerous instrument in furtherance of the offense; (5) the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability, ill health, 2006-05-02 House Journal Page 3504 or extreme youth or was for any other reason substantially incapable of exercising normal physical or mental powers of resistance; (6) the defendant's conduct created a risk of imminent physical injury to three or more persons, other than accomplices; (7) a prior felony conviction considered for the purpose of invoking a presumptive range under this chapter was of a more serious class of offense than the present offense; (8) the defendant's prior criminal history includes conduct involving aggravated or repeated instances of assault behavior; (9) the defendant knew that the offense involved more than one victim; (10) the conduct constituting the offense was among the most serious conduct included in the definition of the offense; (11) the defendant committed the offense under an agreement that the defendant either pay or be paid for the commission of the offense, and the pecuniary incentive was beyond that inherent in the offense itself; (12) the defendant was on release under AS 12.30.020 or 12.30.040 for another felony charge or conviction or for a misdemeanor charge or conviction having assault as a necessary element; (13) the defendant knowingly directed the conduct constituting the offense at an active officer of the court or at an active or former judicial officer, prosecuting attorney, law enforcement officer, correctional employee, fire fighter, emergency medical technician, paramedic, ambulance attendant, or other emergency responder during or because of the exercise of official duties; (14) the defendant was a member of an organized group of five or more persons, and the offense was committed to further the criminal objectives of the group; (15) the defendant has three or more prior felony convictions; (16) the defendant's criminal conduct was designed to obtain substantial pecuniary gain and the risk of prosecution and punishment for the conduct is slight; (17) the offense was one of a continuing series of criminal offenses committed in furtherance of illegal business 2006-05-02 House Journal Page 3505 activities from which the defendant derives a major portion of the defendant's income; (18) the offense was a felony (A) specified in AS 11.41 and was committed against a spouse, a former spouse, or a member of the social unit made up of those living together in the same dwelling as the defendant; (B) specified in AS 11.41.410 - 11.41.458 and the defendant has engaged in the same or other conduct prohibited by a provision of AS 11.41.410 - 11.41.460 involving the same or another victim; or (C) specified in AS 11.41 that is a crime involving domestic violence and was committed in the physical presence or hearing of a child under 16 years of age who was, at the time of the offense, living within the residence of the victim, the residence of the perpetrator, or the residence where the crime involving domestic violence occurred; (19) the defendant's prior criminal history includes an adjudication as a delinquent for conduct that would have been a felony if committed by an adult; (20) the defendant was on furlough under AS 33.30 or on parole or probation for another felony charge or conviction that would be considered a prior felony conviction under AS 12.55.145(a)(1)(B); (21) the defendant has a criminal history of repeated instances of conduct violative of criminal laws, whether punishable as felonies or misdemeanors, similar in nature to the offense for which the defendant is being sentenced under this section; (22) the defendant knowingly directed the conduct constituting the offense at a victim because of that person's race, sex, color, creed, physical or mental disability, ancestry, or national origin; (23) the defendant is convicted of an offense specified in AS 11.71 and (A) the offense involved the delivery of a controlled substance under circumstances manifesting an intent to distribute the substance as part of a commercial enterprise; or (B) at the time of the conduct resulting in the conviction, the defendant was caring for or assisting in the 2006-05-02 House Journal Page 3506 care of a child under 10 years of age; (24) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the transportation of controlled substances into the state; (25) the defendant is convicted of an offense specified in AS 11.71 and the offense involved large quantities of a controlled substance; (26) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the distribution of a controlled substance that had been adulterated with a toxic substance; (27) the defendant, being 18 years of age or older, (A) is legally accountable under AS 11.16.110(2) for the conduct of a person who, at the time the offense was committed, was under 18 years of age and at least three years younger than the defendant; or (B) is aided or abetted in planning or committing the offense by a person who, at the time the offense was committed, was under 18 years of age and at least three years younger than the defendant; (28) the victim of the offense is a person who provided testimony or evidence related to a prior offense committed by the defendant; (29) the defendant committed the offense for the benefit of, at the direction of, or in association with a criminal street gang; (30) the defendant is convicted of an offense specified in AS 11.41.410 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to the victim in furtherance of the offense with the intent to make the victim incapacitated; in this paragraph, "incapacitated" has the meaning given in AS 11.41.470; (31) the defendant's prior criminal history includes convictions for five or more crimes in this or another jurisdiction that are class A misdemeanors under the law of this state, or having elements similar to a class A misdemeanor; two or more convictions arising out of a single continuous episode are considered a single conviction; however, an offense is not a part of a continuous episode if committed while attempting to escape or resist arrest or if it is an assault upon a uniformed or otherwise clearly identified peace officer; notice and denial of convictions are governed by AS 12.55.145(b), (c), and (d); 2006-05-02 House Journal Page 3507 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the offense occurred on school grounds, on a school bus, at a school-sponsored event, or in the administrative offices of a school district if students are educated at that office; in this paragraph, (A) "school bus" has the meaning given in AS 11.71.900; (B) "school district" has the meaning given in AS 47.07.063; (C) "school grounds" has the meaning given in AS 11.71.900; (33) the defendant is convicted of an offense specified in AS 11.41 and the offense involved physical injury to a pregnant woman. * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 11.32.100, enacted by sec. 1 of this Act, and AS 12.55.125(a) - (c), as amended by secs. 2 - 4 of this Act, apply to crimes committed on or after the effective date of this Act." Representative Kerttula moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. Representative Kerttula moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. The Speaker stated that, without objection, HCS CSSB 20(FIN) will be held in third reading to tomorrow's calendar. SB 132 The following, which was advanced to third reading from the May 1, 2006, calendar (page 3471), was read the third time: HCS FOR SENATE BILL NO. 132(FIN) am H "An Act relating to complaints filed with, investigations, hearings, and orders of, and the interest rate on awards of the State 2006-05-02 House Journal Page 3508 Commission for Human Rights; and making conforming amendments." The question being: "Shall HCS SB 132(FIN) am H pass the House?" The roll was taken with the following result: HCS SB 132(FIN) am H Third Reading Final Passage YEAS: 24 NAYS: 14 EXCUSED: 1 ABSENT: 1 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Elkins, Gatto, Harris, Hawker, Holm, Kelly, Kohring, Kott, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, LeDoux, Moses, Salmon Excused: Foster Absent: Seaton And so, HCS SB 132(FIN) am H passed the House. Representative Berkowitz gave notice of reconsideration of the vote on HCS SB 132(FIN) am H. SECOND READING OF HOUSE RESOLUTIONS HCR 43 The Speaker stated that, without objection, the following, which was held from the May 1, 2006, calendar (page 3474), will be held to tomorrow's calendar: HOUSE CONCURRENT RESOLUTION NO. 43 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 12, relating to the prohibition or elimination of financial relationships with persons that conduct business in countries that support or ignore slavery and trafficking in persons. 2006-05-02 House Journal Page 3509 HCR 44 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 44 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 261, relating to traffic safety corridors. The question being: "Shall HCR 44 pass the House?" The roll was taken with the following result: HCR 44 Second Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Foster Absent: Gara And so, HCR 44 passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS (continued) SB 12 The Speaker stated that, without objection, the following, which had been moved to the bottom of the calendar with Amendment No. 1 pending (page 3500), will be held in second reading to tomorrow's calendar: HOUSE CS FOR CS FOR SENATE BILL NO. 12(STA) "An Act relating to procurement from a person conducting business in or having headquarters in countries that support or ignore slavery and trafficking in persons." 2006-05-02 House Journal Page 3510 LEGISLATIVE CITATIONS Representative Coghill moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Dick and Kenny Anderson By Senator Dyson; Representatives Stoltze, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson Honoring - Southwest Alaska Pilots Association By Senator Gary Stevens; Representatives Seaton, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Honoring - The Kodiak Storm, 2006 State Women's Invitational Hockey Champions By Senator Gary Stevens; Representatives LeDoux, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson RECONSIDERATION HB 485 The Speaker stated that, without objection, reconsideration of the following, which had been held to today (page 3476), be held one legislative day: HOUSE BILL NO. 485(fld H) "An Act amending the State Personnel Act to place in the exempt service pharmacists and physicians employed in the Department 2006-05-02 House Journal Page 3511 of Health and Social Services or in the Department of Corrections and corporate income tax forensic auditors employed by the division of the Department of Revenue principally responsible for the collection and enforcement of state taxes who specialize in apportionment analysis and tax shelters of multistate corporate taxpayers; and providing for an effective date." UNFINISHED BUSINESS SB 171 Representative Olson added his name as cross sponsor to: CS FOR SENATE BILL NO. 171(FIN)(efd fld) "An Act amending the National Petroleum Reserve - Alaska special revenue fund; and establishing the Special Legislative Oil and Gas NPR-A Development Impact Review Committee and defining its powers and duties." SB 177 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: CS FOR SENATE BILL NO. 177(HES) "An Act eliminating the prohibition on the use by certain licensed professionals of titles or descriptions of services that incorporate the terms 'psychoanalysis,' 'psychoanalyst,' 'psychotherapy,' 'psychotherapeutic,' or 'psychotherapist.'" SB 273 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: SENATE BILL NO. 273 "An Act relating to a motor vehicle dealer's selling or offering to sell motor vehicles as new or current models or as new or current model motor vehicles having manufacturer's warranties." 2006-05-02 House Journal Page 3512 ENGROSSMENT HCR 44 HCR 44 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 200 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE CS FOR CS FOR SENATE BILL NO. 200(FIN) "An Act relating to defense of self, other persons, property, or services." SB 261 HCS CSSB 261(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted with a House letter of intent to the Senate for consideration. ANNOUNCEMENTS With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 24, 2006. House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: House Special Committee on Education CHANGED TO: Call of the Chair ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 3, 2006. There being no objection, the House adjourned at 11:35 a.m. Suzi Lowell Chief Clerk