Legislature(2005 - 2006)

2006-01-19 Senate Journal

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2006-01-19                     Senate Journal                      Page 1941
HB 149                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) "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; amending Rule 41, Alaska Rules of Criminal                                   
Procedure; and providing for an effective date" was read the third                                  
time.                                                                                               
                                                                                                    
                                                                                                    

2006-01-19                     Senate Journal                      Page 1942
Senator Green moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 1.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senators Green, Wagoner offered Amendment No. 1 :                                                    
                                                                                                    
     Page 1, line 6, following "Alaska Rules of Criminal Procedure":                              
           Insert ", and Rule 65, Alaska Rules of Civil Procedure"                             
                                                                                                    
     Page 16, line 9 following "salts of isomers":                                                  
      Insert "as the sole active ingredient"                                                        
                                                                                                    
     Page 16, line 13, following "public.":                                                         
      Insert "The commissioner of public safety may issue an                                        
     emergency regulation with an immediate effective date that                                     
     requires other products or substances containing ephedrine,                                    
     pseudoephedrine, or phenylpropanolamine, or their salts, isomers,                              
     or salts of isomers, to be subject to the requirements of this                                 
     subsection if the commissioner determines that the product or                                  
     substance has been diverted to the illegal manufacture of                                      
     methamphetamine products in this state, and presents a risk of                                 
     further diversion to the illegal manufacture of methamphetamine                                
     products if not subject to the requirements of this subsection.  The                           
     regulation is not subject to challenge under AS 44.62.300(2).  A                               
     court reviewing the regulation under AS 44.62.300 may not grant                                
     a temporary restraining order or preliminary injunction."                                      
                                                                                                    
     Page 18, following line 9:                                                                     
      Insert a new bill section to read:                                                            
                                                                                                    
     "* Sec. 22.  The uncodified law of the State of Alaska is amended                            
     by adding a new section to read:                                                               
      INDIRECT COURT RULE AMENDMENT.  The prohibition                                               
     on temporary restraining orders and preliminary injunctions in AS                              
     17.30.090(b), added by sec. 18 of this Act, has the effect of                                  
     amending Rule 65, Alaska Rules of Civil Procedure."                                            
                                                                                                    
     Renumber the following bill sections accordingly.                                              
                                                                                                    
                                                                                                    

2006-01-19                     Senate Journal                      Page 1943
     Page 18, line 17:                                                                              
      Delete ", 21, and 22"                                                                         
      Insert "and 21 - 23"                                                                          
                                                                                                    
Senator Green moved for the adoption of Amendment No. 1. Senator                                    
Ellis objected.                                                                                     
                                                                                                    
Senator Wagoner moved and asked unanimous consent for the                                           
adoption of the following amendment to Amendment No. 1:                                             
                                                                                                    
     Line 2, following "effective date"                                                             
       Insert "naming a product or substance by brand"                                              
                                                                                                    
     Line 5, following "substance"                                                                  
       Insert "named in the regulation"                                                             
                                                                                                    
     Line 5, following "has been"                                                                   
       Delete "diverted to"                                                                         
       Insert "found in connection with"                                                            
                                                                                                    
Senator Wagoner moved and asked unanimous consent to withdraw                                       
the amendment to Amendment No. 1. Without objection, the                                            
amendment to Amendment No. 1 was withdrawn.                                                         
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS CSHB 149(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  11   NAYS:  7   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Stedman, Stevens B,                                   
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
Excused:  Hoffman, Seekins                                                                          
                                                                                                    
and so, Amendment No. 1 was adopted.                                                                
                                                                                                    
                                                                                                    

2006-01-19                     Senate Journal                      Page 1944
SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S "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; amending Rule 41, Alaska Rules of Criminal                                   
Procedure, and Rule 65, Alaska Rules of Civil Procedure; and                                        
providing for an effective date" was automatically in third reading.                                
                                                                                                    
Senator Ellis moved to divide the question as follows:                                              
                                                                                                    
     The marijuana sections are Sections 1, 2, 7, 8, 9, 10                                          
                                                                                                    
     The meth sections are Sections 3, 4, 5, 6, 11, 12, 13, 14, 15, 16,                             
     17, 18, 19, 20, 21, 22                                                                         
                                                                                                    
     (The mixed section is Section 23 that refers to the applicability of                           
     the new statute and states that the bill applies to offenses                                   
     committed on or after the effective date of the Act. If we divide                              
     the bill and one portion passes and one portion fails then this                                
     section would need to be changed.)                                                             
                                                                                                    
President Stevens ruled the question is divisible.                                                  
                                                                                                    
The question being: "Shall the question be divided?" The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SCS CSHB 149(FIN) am S                                                                              
Third Reading - Final Passage                                                                       
Divide the question?                                                                                
                                                                                                    
YEAS:  8   NAYS:  10   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Dyson, Ellis, Elton, French, Guess, Kookesh, Olson                                    
                                                                                                    
Nays:  Bunde, Cowdery, Green, Huggins, Stedman, Stevens B,                                          
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Hoffman, Seekins                                                                          
                                                                                                    
and so, the question was not divided.                                                               

2006-01-19                     Senate Journal                      Page 1945
Senator French moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 2.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator French offered Amendment No. 2 :                                                             
                                                                                                    
     Page 1, line 11:                                                                               
        Delete "SECS. 7 - 10"                                                                       
        Insert "SECS. 6 - 9"                                                                        
        Delete "secs. 7 - 10"                                                                       
        Insert "secs. 6 - 9"                                                                        
                                                                                                    
     Page 1, lines 12 - 13:                                                                         
       Delete "and to provide legislative findings concerning this Act                              
     regarding marijuana and its effects in this state"                                             
                                                                                                    
     Page 2, line 1, through page 4, line 9:                                                        
        Delete all material.                                                                        
                                                                                                    
     Page 18, line 6:                                                                               
        Delete "Section 13"                                                                         
        Insert "Section 12"                                                                         
                                                                                                    
     Page 18, line 12:                                                                              
        Delete "sec. 16"                                                                            
        Insert "sec. 15"                                                                            
                                                                                                    
     Page 18, line 17:                                                                              
        Delete "Sections 1 - 18, 21, and 22"                                                        
        Insert "Sections 1 - 17, 20, and 21"                                                        
                                                                                                    
Senator French moved for the adoption of Amendment No. 2. Senator                                   
Green objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-01-19                     Senate Journal                      Page 1946
SCS CSHB 149(FIN) am S                                                                              
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  7   NAYS:  11   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Huggins, Stedman, Stevens B,                                   
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Hoffman, Seekins                                                                          
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S was                                               
automatically in third reading.                                                                     
                                                                                                    
Senator Ellis moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 3.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Ellis offered Amendment No. 3 :                                                              
                                                                                                    
     Page 10, lines 3 - 10:                                                                         
        Delete all material.                                                                        
        Insert "(1) uses or displays in public in the presence of one or                        
     more individuals any amount of a schedule VIA controlled                                   
     substance [OR POSSESSES ONE OR MORE PREPARATIONS,                                              
     COMPOUNDS, MIXTURES, OR SUBSTANCES OF AN                                                       
     AGGREGATE WEIGHT OF LESS THAN ONE-HALF POUND                                                   
     CONTAINING A SCHEDULE VIA CONTROLLED                                                           
     SUBSTANCE]; or                                                                                 
                        (2)  refuses entry into a premise for an inspection                         
     authorized under AS 17.30."                                                                    
                                                                                                    
     Page 15, lines 2 - 28:                                                                         
        Delete all material.                                                                        
                                                                                                    
     Renumber the following bill sections accordingly.                                              
                                                                                                    
     Page 18, lines 10 - 14:                                                                        
        Delete all material.                                                                        

2006-01-19                     Senate Journal                      Page 1947
     Page 18, line 17:                                                                              
        Delete "Sections 1 - 18, 21, and 22"                                                        
        Insert "Sections 1 - 17 and 20"                                                             
                                                                                                    
Senator Ellis moved for the adoption of Amendment No. 3. Senator                                    
Gary Stevens objected.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS CSHB 149(FIN) am S                                                                              
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  7   NAYS:  11   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Huggins, Stedman, Stevens B,                                   
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Hoffman, Seekins                                                                          
                                                                                                    
and so, Amendment No. 3 failed.                                                                     
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S was                                               
automatically in third reading.                                                                     
                                                                                                    
Senators Wilken, Dyson moved and asked unanimous consent to be                                      
shown as cross sponsors on the bill. Without objection, it was so                                   
ordered.                                                                                            
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 149(FIN) am S "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; amending Rule 41, Alaska Rules of Criminal                                   
Procedure, and Rule 65, Alaska Rules of Civil Procedure; and                                        
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          

2006-01-19                     Senate Journal                      Page 1948
                                                                                                    
SCS CSHB 149(FIN) am S                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  1   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess,                                   
Huggins, Kookesh, Olson, Stedman, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Ellis                                                                                        
                                                                                                    
Excused:  Hoffman, Seekins                                                                          
                                                                                                    
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am                                             
S passed the Senate.                                                                                
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the Court                                 
Rule changes. Senator Ellis objected.                                                               
                                                                                                    
The question being: "Shall the Court Rule changes be adopted?" The                                  
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 149(FIN) am S                                                                              
Adopt Court Rule changes?                                                                           
                                                                                                    
YEAS:  11   NAYS:  7   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Stedman, Stevens B,                                   
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
Excused:  Hoffman, Seekins                                                                          
                                                                                                    
and so, the Court Rule changes failed to be adopted.                                                
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
                                                                                                    

2006-01-19                     Senate Journal                      Page 1949
Senator Wagoner gave notice of reconsideration on SENATE CS FOR                                     
CS FOR HB 149(FIN) am S(ct rule fld S) "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."