Legislature(2015 - 2016)

2016-04-09 Senate Journal

Full Journal pdf

2016-04-09                     Senate Journal                      Page 2413
SB 91                                                                                                                         
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL                                                                                       
NO. 91(FIN) "An Act relating to criminal law and procedure; relating                                                            
to controlled substances; relating to immunity from prosecution for the                                                         
crime of prostitution; relating to probation; relating to sentencing;                                                           
establishing a pretrial services program with pretrial services officers                                                        
in the Department of Corrections; relating to the publication of                                                                
suspended entries of judgment on a publicly available Internet                                                                  
website; relating to permanent fund dividends; relating to electronic                                                           
monitoring; relating to penalties for violations of municipal                                                                   
ordinances; relating to parole; relating to correctional restitution                                                            
centers; relating to community work service; relating to revocation,                                                            
termination, suspension, cancellation, or restoration of a driver's                                                             
license; relating to the excise tax on marijuana; establishing the                                                              

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recidivism reduction fund; relating to the Alaska Criminal Justice                                                              
Commission; relating to the disqualification of persons convicted of                                                            
specified drug offenses from participation in the food stamp and                                                                
temporary assistance programs; relating to the duties of the                                                                    
commissioner of corrections; amending Rules 32, 32.1, 38, 41, and 43,                                                           
Alaska Rules of Criminal Procedure, and repealing Rules 41(d) and                                                               
(e), Alaska Rules of Criminal Procedure; and providing for an                                                                   
effective date" was read the third time.                                                                                        
                                                                                                                                
Senator Dunleavy 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.                                                              
                                                                                                                                
President Meyer stated the bill would remain in second reading for all                                                          
amendments offered today. There being no objection, it was so                                                                   
ordered.                                                                                                                        
                                                                                                                                
Senator Dunleavy offered Amendment No. 1:                                                                                       
                                                                                                                                
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Senator Dunleavy moved and asked unanimous consent for the                                                                      
adoption of Amendment No. 1. Senator Wielechowski objected, then                                                                
withdrew his objection. There being no further objection, Amendment                                                             
No. 1 was adopted.                                                                                                              
                                                                                                                                
Senator Stoltze offered Amendment No. 2:                                                                                        
                                                                                                                                
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"* Sec. 150. AS 47.05 is amended by adding a new section to read:                                                             
          Sec. 47.05.035. Disqualification from public assistance for                                                         
     felony drug offenses. (a) A person convicted during or in the five                                                       
     years preceding a period in which the person is receiving public                                                           
     assistance under AS 47.25 of an offense under AS 11.71.010 -                                                               

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     11.71.050, 11.71.060(a)(2)(B), or by the law of another                                                                    
     jurisdiction that has as an element the possession, use, or                                                                
     distribution of a controlled substance, as defined in AS 11.71.900,                                                        
     is disqualified from receiving public assistance under this title                                                          
     unless the person participates in a testing program implemented                                                            
     by the department at least quarterly, on renewal of public                                                                 
     assistance eligibility, and on a random basis for the use of illegal                                                       
     controlled substances. A person subject to this section who tests                                                          
     positive for the illegal use of controlled substances or who refuses                                                       
     to submit to a test required under this section is disqualified from                                                       
     receiving public assistance for six months following the date of                                                           
     notice that the person tested positive for the use of illegal                                                              
     controlled substances or from the date the person refused to                                                               
     submit to a test required under this section.                                                                              
          (b) The department shall adopt regulations to implement (a) of                                                        
     this section. The regulations adopted by the department must                                                               
              (1) include an appeal process for a person disqualified                                                           
     under (a) of this section; and                                                                                             
              (2) provide that, where available, an alcohol safety action                                                       
     program approved under AS 47.37.130 shall perform the drug                                                                 
     testing.                                                                                                                   
          (c) In this section, "public assistance" means                                                                        
              (1) a program that provides                                                                                       
                   (A) day care assistance under AS 47.25.001 -                                                                 
          47.25.095;                                                                                                            
                   (B) general relief assistance under AS 47.25.120 -                                                           
          300; or                                                                                                               
                   (C) adult public assistance under AS 47.25.430 -                                                             
          47.25.615;                                                                                                            
              (2) the Alaska affordable heating program under                                                                   
     AS 47.25.621 - 47.25.626; or                                                                                               
              (3) the food stamp program under AS 47.25.975 -                                                                   
     47.25.990."                                                                                                                
                                                                                                                                
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"* Sec. 168. The uncodified law of the State of Alaska is amended                                                             
by adding a new section to read:                                                                                                
     SEVERABILITY. Under AS 01.10.030, if AS 47.05.035, enacted                                                                 
by sec. 150 of this Act, or the application of it to any person or                                                              
circumstances, is held invalid by a court of competent jurisdiction, the                                                        
remainder of this Act and the application to other persons or                                                                   
circumstances are not affected."                                                                                                
                                                                                                                                
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Senator Stoltze moved for the adoption of Amendment No. 2. Senator                                                              
Coghill objected.                                                                                                               
                                                                                                                                
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSSSB 91(FIN) am                                                                                                               
Second Reading                                                                                                                  
Amendment No. 2?                                                                                                                
                                                                                                                                
YEAS:  6   NAYS:  12   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

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Yeas:  Dunleavy, Huggins, MacKinnon, Micciche, Stedman, Stoltze                                                                 
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Egan, Ellis, Giessel, Hoffman, Kelly,                                                         
McGuire, Meyer, Stevens, Wielechowski                                                                                           
                                                                                                                                
Excused:  Gardner                                                                                                               
                                                                                                                                
Absent:  Olson                                                                                                                  
                                                                                                                                
Micciche changed from "Nay" to "Yea".                                                                                           
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
Senator Stoltze offered Amendment No. 3:                                                                                        
                                                                                                                                
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Senator Stoltze moved for the adoption of Amendment No. 3. Without                                                              
objection, Amendment No. 3 was adopted.                                                                                         
                                                                                                                                
Senator Stoltze offered Amendment No. 4:                                                                                        
                                                                                                                                
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2016-04-09                     Senate Journal                      Page 2429
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2016-04-09                     Senate Journal                      Page 2430
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2016-04-09                     Senate Journal                      Page 2431
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2016-04-09                     Senate Journal                      Page 2432
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2016-04-09                     Senate Journal                      Page 2433
Page 111, lines 3 - 4:                                                                                                          
     Delete "Sections 1 - 19, 21 - 37, 56, 59 - 62, 64, 71 - 79, 82 - 87,                                                       
90, 92 - 95, 136, 142, 143, 145 - 152, 162, 163(b), 163(c), and 163(d)"                                                         
     Insert "Sections 1 - 18, 20 - 36, 55, 58 - 61, 63, 70 - 78, 81 - 86,                                                       
89, 91 - 94, 135, 141, 142, 144 - 151, 161, and 162(b) - (d)"                                                                   
                                                                                                                                
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91, 96 - 98, 100 - 135, 137, 138, 140, and 153 - 155"                                                                           
     Insert "Sections 38 - 41, 51, 53, 54, 57, 62, 64 - 69, 79, 87, 88, 90,                                                     
95 - 97, 99 - 134, 136, 137, 139, and 152 - 154"                                                                                
                                                                                                                                
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Senator Stoltze moved for the adoption of Amendment No. 4. Senator                                                              
Coghill objected.                                                                                                               
                                                                                                                                

2016-04-09                     Senate Journal                      Page 2434
The question being: "Shall Amendment No. 4 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSSSB 91(FIN) am                                                                                                               
Second Reading                                                                                                                  
Amendment No. 4?                                                                                                                
                                                                                                                                
YEAS:  4   NAYS:  14   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Dunleavy, McGuire, Stevens, Stoltze                                                                                      
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Egan, Ellis, Giessel, Hoffman,                                                                
Huggins, Kelly, MacKinnon, Meyer, Micciche, Stedman,                                                                            
Wielechowski                                                                                                                    
                                                                                                                                
Excused:  Gardner                                                                                                               
                                                                                                                                
Absent:  Olson                                                                                                                  
                                                                                                                                
and so, Amendment No. 4 failed.                                                                                                 
                                                                                                                                
Senator Stoltze offered Amendment No. 5:                                                                                        
                                                                                                                                
Page 17, line 22, following "substance":                                                                                        
     Insert "listed in AS 11.71.140(e)"                                                                                     
                                                                                                                                
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     Insert "AS 11.71.040(a)(3)(A)(i) or 11.71.060(a)(2)(B)"                                                                
                                                                                                                                
Page 21, line 18:                                                                                                               
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11.71.050(a)(2)]"                                                                                                               
     Insert "11.71.040(a)(3) or (4), 11.71.050(a)(2) or (4)"                                                                
                                                                                                                                
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11.71.050(a)(2)]"                                                                                                               
     Insert "11.71.040(a)(3) or (4), 11.71.050(a)(2) or (4)"                                                                
                                                                                                                                
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11.71.050(a)(2)]"                                                                                                               
     Insert "11.71.040(a)(3) or (4), 11.71.050(a)(2) or (4)"                                                                
                                                                                                                                

2016-04-09                     Senate Journal                      Page 2435
Page 103, line 25:                                                                                                              
     Delete "11.71.040(a)(3)"                                                                                                   
     Insert          "11.71.040(a)(3)(A)(ii),            11.71.040(a)(3)(B),                                                    
11.71.040(a)(3)(C),          11.71.040(a)(3)(D),         11.71.040(a)(3)(E),                                                    
11.71.040(a)(3)(F), 11.71.040(a)(3)(G)"                                                                                         
                                                                                                                                
Senator Stoltze moved for the adoption of Amendment No. 5. Senator                                                              
Coghill objected, then withdrew his objection. There being no further                                                           
objection, Amendment No. 5 was adopted.                                                                                         
                                                                                                                                
Senator Stoltze offered Amendment No. 6:                                                                                        
                                                                                                                                
Page 46, lines 10 - 13:                                                                                                         
     Delete all material and insert:                                                                                            
                   "(C)  and the conviction is for a crime involving                                                        
          domestic violence, five to eight years;                                                                           
              (3)  if the offense is a second felony conviction                                                                
                   (A)  and does not involve circumstances described                                                        
           in (B) of this paragraph, eight [, 10] to 12 [14] years;                                                    
                   (B)  and is for an offense involving domestic                                                            
          violence, 10 to 14 years;                                                                                         
              (4)  if the offense is a third felony conviction,                                                            
                   (A)  the offense does not involve circumstances                                                          
          described in (B) of this paragraph, and the defendant is not                                                      
          subject to sentencing under (l) of this section, 13 [15] to 20                                                    
          years;                                                                                                            
                   (B)  the offense is for a crime involving domestic                                                       
          violence, and the defendant is not subject to sentencing                                                          
          under (l) of this section, 15 to 20 years."                                                                       
                                                                                                                                
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     Delete all material and insert:                                                                                            
                   "(C)  and the conviction is for a crime involving                                                        
          domestic violence, one to three years;                                                                            
              (3)  if the offense is a second felony conviction                                                                
                   (A)  and does not involve circumstances described                                                        
          in (B) of this paragraph, two [, FOUR] to five [SEVEN]                                                        
          years;                                                                                                                
                   (B) and is for a crime involving domestic violence,                                                      
          four to seven years;                                                                                              

2016-04-09                     Senate Journal                      Page 2436
               (4) if the offense is a third felony conviction                                                                 
                   (A)  and does not involve circumstances described                                                        
          in (B) of this paragraph, four [, SIX] to 10 years;                                                           
                   (B)  and is for a crime involving domestic violence,                                                     
          six to 10 years."                                                                                                 
                                                                                                                                
Page 47, line 20, following "(4)":                                                                                              
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Page 47, line 28, through page 48, line 2:                                                                                      
     Delete all material and insert:                                                                                            
              "(2)  if the offense is a second felony conviction                                                                
                   (A)  and does not involve circumstances described                                                        
          in (B) of this paragraph, one to three [, TWO TO FOUR]                                                            
          years;                                                                                                                
                   (B)  and is for a crime involving domestic violence,                                                     
          two to four years;                                                                                                
               (3)  if the offense is a third felony conviction                                                                
                   (A)  and does not involve circumstances described                                                        
            in (B) of this paragraph, two [, THREE] to five years;                                                         
                   (B)  and is for a crime involving domestic violence,                                                     
          three to five years;                                                                                              
              (4)  if the offense is a first felony conviction, and the                                                         
     defendant violated AS 08.54.720(a)(15), one to two years;                                                              
              (5)  if the offense is a first felony conviction and is for                                                   
     a crime involving domestic violence, zero to two years."                                                               
                                                                                                                                
Senator Stoltze moved for the adoption of Amendment No. 6. Senator                                                              
Coghill objected.                                                                                                               
                                                                                                                                
Senator Stoltze moved and asked unanimous consent to withdraw                                                                   
Amendment No. 6. Without objection, it was so ordered.                                                                          
                                                                                                                                
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL                                                                                       
NO. 91(FIN) am was automatically in third reading.                                                                              
                                                                                                                                
The question being: "Shall CS FOR SPONSOR SUBSTITUTE FOR                                                                        
SENATE BILL NO. 91(FIN) am "An Act relating to criminal law and                                                                 
procedure; relating to controlled substances; relating to immunity from                                                         
prosecution for the crime of prostitution; relating to probation; relating                                                      

2016-04-09                     Senate Journal                      Page 2437
to sentencing; establishing a pretrial services program with pretrial                                                           
services officers in the Department of Corrections; relating to the                                                             
publication of suspended entries of judgment on a publicly available                                                            
Internet website; relating to permanent fund dividends; relating to                                                             
electronic monitoring; relating to penalties for violations of municipal                                                        
ordinances; relating to parole; relating to correctional restitution                                                            
centers; relating to community work service; relating to revocation,                                                            
termination, suspension, cancellation, or restoration of a driver's                                                             
license; relating to the excise tax on marijuana; establishing the                                                              
recidivism reduction fund; relating to the Alaska Criminal Justice                                                              
Commission; relating to the disqualification of persons convicted of                                                            
specified drug offenses from participation in the food stamp and                                                                
temporary assistance programs; relating to the duties of the                                                                    
commissioner of corrections; amending Rules 32, 32.1, 38, 41, and 43,                                                           
Alaska Rules of Criminal Procedure, and repealing Rules 41(d) and                                                               
(e), Alaska Rules of Criminal Procedure; and providing for an                                                                   
effective date" pass the Senate?" The roll was taken with the following                                                         
result:                                                                                                                         
                                                                                                                                
CSSSSB 91(FIN) am                                                                                                               
Third Reading - Final Passage                                                                                                   
Court Rules     Effective Dates                                                                                                 
                                                                                                                                
YEAS:  16   NAYS:  2   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Giessel,                                                               
Hoffman, Kelly, MacKinnon, McGuire, Meyer, Micciche, Stedman,                                                                   
Stevens, Wielechowski                                                                                                           
                                                                                                                                
Nays:  Huggins, Stoltze                                                                                                         
                                                                                                                                
Excused:  Gardner                                                                                                               
                                                                                                                                
Absent:  Olson                                                                                                                  
                                                                                                                                
and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL                                                                               
NO. 91(FIN) am passed the Senate.                                                                                               
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the vote on                                                              
the passage of the bill be considered the vote on the Court Rule                                                                
changes. Without objection, it was so ordered.                                                                                  
                                                                                                                                
                                                                                                                                

2016-04-09                     Senate Journal                      Page 2438
Senator Coghill moved and asked unanimous consent that the vote on                                                              
the passage of the bill be considered the vote on the effective date                                                            
clauses. Without objection, it was so ordered and the bill was referred                                                         
to the Secretary for engrossment.