Legislature(2005 - 2006)
2006-01-25 Senate Journal
Full Journal pdf2006-01-25 Senate Journal Page 1982 HB 149 Senator Gary Stevens moved and asked unanimous consent that the Senate return to second reading for the purpose of rescinding the previous action in adopting Amendment No. 1 (page 1943). Without objection, the bill was returned to second reading. Senator Gary Stevens moved that the Senate rescind its previous action in adopting Amendment No. 1. The question being: "Shall the Senate rescind its previous action in adopting Amendment No. 1?" SCS CSHB 149(FIN) am S Second Reading Rescind action in adopting Amendment No. 1? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken 2006-01-25 Senate Journal Page 1983 and so, the Senate rescinded its previous action, and Amendment No. 1 was before the Senate. Senator Green moved and asked unanimous consent to withdraw Amendment No. 1. Without objection, Amendment No. 1 was withdrawn. 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 automatically in third reading on reconsideration. Senator Green moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Without objection, the bill was returned to second reading. Amendment No. 4 was not offered. Senators Green, Wagoner offered Amendment No. 5 : Page 1, line 6, following "Procedure": Insert ", and Rule 65, Alaska Rules of Civil Procedure" Page 16, lines 8 - 9: Delete all material and insert: "(b) If a product or substance contains, as the sole active ingredient, ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, or contains iodine or crystal" Page 16, line 13, following "public.": Insert "The commissioner of public safety may issue a regulation, including an emergency regulation, with an immediate effective date, 2006-01-25 Senate Journal Page 1984 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 by naming the product or substance by brand when the commissioner finds that the product or substance named in the regulation has been found in connection with illegal manufacture of methamphetamine in this state and presents a risk of further diversion to the illegal manufacture of methamphetamine if not subject to the requirements of this subsection. An emergency regulation adopted under this subsection is not subject to challenge under AS 44.62.300(2). A court reviewing an emergency regulation under AS 44.62.300 may not grant a temporary restraining order or injunction restraining or enjoining the enforcement of the regulation. An emergency regulation adopted under this subsection is subject to AS 44.62.260." Page 16, line 24: Delete "It is an affirmative defense to a prosecution under this section" Insert "A retailer does not violate this section if the retailer proves by a preponderance of the evidence" Page 17, lines 2 - 4: Delete all material and insert: "(f) a person who violates (a), (b), or (c) of this section shall forfeit and pay to the state a civil penalty of not more than $10,000 for each violation." Page 17, line 10: Delete all material. Renumber the following paragraph accordingly. 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. Section 18 of this Act has the effect of amending Rule 65, Alaska Rules of Civil Procedure, by limiting the authority of a court to grant a temporary restraining order or injunction when reviewing an emergency regulation adopted under AS 17.30.090(b)." 2006-01-25 Senate Journal Page 1985 Renumber the following bill sections accordingly. Page 18, line 17: Delete "Sections 1 - 18, 21, and 22" Insert "Sections 1 - 18 and 21 - 23" Senator Green moved for the adoption of Amendment No. 5. Senator Guess objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSHB 149(FIN) Second Reading Amendment No. 5 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson and so, Amendment No. 5 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S was automatically in third reading on reconsideration. The question to be reconsidered: "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: 2006-01-25 Senate Journal Page 1986 SCS CSHB 149(FIN) am S Third Reading - On Reconsideration Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wilken Nays: Ellis, Wagoner and so, SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S passed the Senate on reconsideration. 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: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson 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 and SENATE CS FOR CS FOR HOUSE BILL NO. 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 2006-01-25 Senate Journal Page 1987 methamphetamine; relating to listing certain anabolic steroids as controlled substances; and providing for an effective date" was referred to the Secretary for engrossment. HB 149 SENATE CS FOR CS FOR HOUSE BILL NO. 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" was engrossed, signed by the President and Secretary and returned to the House for consideration.