2005-05-03                     Senate Journal                      Page 1281
HB 149                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
149(FIN) am "An Act relating to controlled substances; relating to the                              
crimes of manslaughter, endangering the welfare of a child, and                                     
misconduct involving a controlled substance; relating to the                                        
manufacture of methamphetamine and to the sale, possession, and                                     
delivery of certain substances and precursors used in the manufacture                               
of methamphetamine; relating to listing certain anabolic steroids as                                
controlled substances; and providing for an effective date" and                                     
recommended it be replaced with                                                                     
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          149(JUD) "An Act relating to controlled substances                                        
          regarding the crimes of manslaughter and misconduct                                       
          involving a controlled substance; relating to the                                         
          manufacture of methamphetamine and to the sale,                                           
          possession, and delivery of certain substances and                                        
          precursors used in the manufacture of                                                     
          methamphetamine; relating to listing certain anabolic                                     
          steroids as controlled substances; relating to the                                        

2005-05-03                     Senate Journal                      Page 1282
          listing of property that constitutes an illegal drug                                      
          manufacturing site; amending Rule 41, Alaska Rules                                        
          of Criminal Procedure; and providing for an effective                                     
          date."                                                                                    
          [Title change authorized by SCR 12 (forthcoming)]                                         
                                                                                                    
and further recommended the adoption of the following Judiciary                                     
Committee Letter of Intent:                                                                         
                                                                                                    
                               Letter of Intent                                                    
                                                                                                    
It is the intent of the Senate in enacting this measure that release                                
before conviction be limited for makers of methamphetamine whose                                    
prior conviction put them on notice of the danger of the chemicals                                  
involving in its manufacture and the destructive nature of its effect on                            
users.  The danger that the defendant poses to the community is one of                              
the factors that the court must consider under AS 12.30.020 for release                             
on bail, and in the case of manufacturing methamphetamine that factor                               
should be the paramount consideration in setting bail.  The Senate                                  
finds and determines that the illegal manufacturing of                                              
methamphetamine of the type that is generally encountered in Alaska                                 
subjects anyone within a wide area to the risk of fire, explosion, and                              
toxic chemicals in gaseous, liquid, and solid form.  The process of                                 
manufacturing methamphetamine presents such a high level of danger                                  
to the community, law enforcement, other first responders, and to                                   
environmental personnel, that a mandatory minimum cash bail as set                                  
out in this bill is necessitated for defendants previously convicted of                             
manufacturing, delivering or possessing methamphetamine.                                            
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators Guess, Therriault.                                
Signing no recommendation: Senator French.                                                          
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 7, Department of Public Safety                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
 Fiscal Note No. 2, zero, Department of Law                                                         
 Fiscal Note No. 3, indeterminate, Department of Administration                                     
 Fiscal Note No. 4, indeterminate, Department of Corrections                                        
 Fiscal Note No. 6, zero, Department of Commerce, Community                                         
       and Economic Development                                                                     

2005-05-03                     Senate Journal                      Page 1283
The bill was referred to the Finance Committee.