Legislature(2017 - 2018)
2017-11-05 House Journal
Full Journal pdf2017-11-05 House Journal Page 1965 SB 54 HCS CSSB 54(FIN) am H was before the House in second reading (page 1948) with Amendment No. 19 moved and pending. Representative Fansler removed the objection. There being no further objection, Amendment No. 19 was adopted, and the new title follows: HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN) am H "An Act relating to crime and criminal law; relating to violation of condition of release; relating to sex trafficking; classifying U- 47700 as a schedule IA controlled substance; classifying tramadol and related substances as schedule IVA controlled substances; relating to sentencing; relating to imprisonment; relating to court records concerning sentencing in criminal cases; relating to parole; relating to probation; relating to driving without a license; establishing a maximum caseload for probation and parole officers; relating to the pretrial services program; relating to the Alaska Criminal Justice Commission; relating to the Alaska Judicial Council; and providing for an effective date." Amendment No. 20 was offered by Representatives Saddler, Birch, Pruitt, Talerico, Kopp, Eastman, Thompson, Chenault, Reinbold, Rauscher, Kawasaki, and Tuck: 2017-11-05 House Journal Page 1966 Page 7, following line 9: Insert a new bill section to read: "* Sec. 11. AS 11.46.486(a) is amended to read: (a) A person commits the crime of criminal mischief in the fifth degree if, having no right to do so or any reasonable ground to believe the person has such a right, (1) with reckless disregard for the risk of harm to or loss of the property or with intent to cause substantial inconvenience to another, the person tampers with property of another; (2) with intent to damage property of another, the person damages property of another in an amount, adjusted for inflation as provided in AS 11.46.982, less than $250; or (3) the person rides in a propelled vehicle and, with criminal negligence, disregards the fact that [KNOWING] it has been stolen or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1)." Renumber the following bill sections accordingly. Page 42, following line 20: Insert a new paragraph to read: "(11) AS 11.46.486(a), as amended by sec. 11 of this Act;" Renumber the following paragraphs accordingly. Page 42, line 21: Delete "sec. 11" Insert "sec. 12" Page 42, line 22: Delete "sec. 12" Insert "sec. 13" Page 42, line 23: Delete "sec. 13" Insert "sec. 14" Page 42, line 24: Delete "sec. 16" Insert "sec. 17" 2017-11-05 House Journal Page 1967 Page 42, line 25: Delete "sec. 17" Insert "sec. 18" Page 42, line 26: Delete "sec. 18" Insert "sec. 19" Page 42, line 27: Delete "sec. 19" Insert "sec. 20" Page 42, line 28: Delete "sec. 20" Insert "sec. 21" Page 42, line 29: Delete "sec. 23" Insert "sec. 24" Page 42, line 30: Delete "sec. 38" Insert "sec. 39" Page 42, line 31: Delete "sec. 39" Insert "sec. 40" Page 43, line 1: Delete "sec. 59" Insert "sec. 60" Page 43, line 4: Delete "sec. 24" Insert "sec. 25" Page 43, line 5: Delete "sec. 27" Insert "sec. 28" 2017-11-05 House Journal Page 1968 Page 43, line 6: Delete "sec. 28" Insert "sec. 29" Page 43, line 7: Delete "sec. 29" Insert "sec. 30" Page 43, line 8: Delete "sec. 30" Insert "sec. 31" Page 43, line 9: Delete "sec. 31" Insert "sec. 32" Page 43, line 10: Delete "sec. 32" Insert "sec. 33" Page 43, line 11: Delete "sec. 33" Insert "sec. 34" Page 43, line 12: Delete "sec. 34" Insert "sec. 35" Page 43, line 13: Delete "sec. 49" Insert "sec. 50" Page 43, line 14: Delete "sec. 49" Insert "sec. 50" Page 43, line 17: Delete "SECS. 37 AND 69" Insert "SECS. 38 AND 70" 2017-11-05 House Journal Page 1969 Page 43, lines 17 - 18: Delete "sec. 37" Insert "sec. 38" Page 43, line 20: Delete "Section 69" Insert "Section 70" Delete "sec. 37" Insert "sec. 38" Page 43, line 24: Delete "SEC. 66" Insert "SEC. 67" Page 43, line 25: Delete "Section 66" Insert "Section 67" Page 44, line 4: Delete "Sections 23, 24, and 41" Insert "Sections 24, 25, and 42" Page 44, line 5: Delete "sec. 72" Insert "sec. 73" Delete "sec. 66" Insert "sec. 67" Page 44, line 7: Delete "Section 40" Insert "Section 41" Page 44, line 8: Delete "sec. 37" Insert "sec. 38" Delete "sec. 71(a)" Insert "sec. 72(a)" Page 44, line 10: Delete "sec. 69" Insert "sec. 70" 2017-11-05 House Journal Page 1970 Delete "sec. 71(b)" Insert "sec. 72(b)" Page 44, line 12: Delete "Section 68" Insert "Section 69" Page 44, line 13: Delete "sec. 37" Insert "sec. 38" Delete "sec. 76" Insert "sec. 77" Page 44, line 15: Delete "secs. 73 - 78" Insert "secs. 74 - 79" Representative Saddler moved and asked unanimous consent that Amendment No. 20 be adopted. Representative Fansler objected. The question being: "Shall Amendment No. 20 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) am H Second Reading Amendment No. 20 YEAS: 21 NAYS: 19 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Eastman, Grenn, Johnson, Johnston, Josephson, Kawasaki, Kopp, LeDoux, Millett, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck Nays: Claman, Drummond, Edgmon, Fansler, Foster, Gara, Guttenberg, Kito, Knopp, Kreiss-Tomkins, Neuman, Ortiz, Parish, Seaton, Spohnholz, Stutes, Westlake, Wilson, Wool And so, Amendment No. 20 was adopted. 2017-11-05 House Journal Page 1971 The Speaker stated that, without objection, Amendment No. 21 would be moved to the bottom of the amendments. Amendment No. 13 was offered by Representatives Tarr and Drummond: Page 1, following line 9: Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE INTENT. It is the intent of the legislature that the Alaska Criminal Justice Commission work with the Department of Public Safety and local law enforcement agencies to offer statewide informational sessions on ch. 36, SLA 2016, ch. 13, SLA 2017, and this Act. The informational sessions should include information on crime trends in the state, the cost of the state corrections system, recidivism rates in the state, successful criminal justice reforms in other states, and the specific changes in state law made by ch. 36, SLA 2016, ch. 13, SLA 2017, and this Act that affect sentencing, parole, probation, and treatment." Page 1, line 10: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 42, line 11: Delete "sec. 1" Insert "sec. 2" Page 42, line 12: Delete "sec. 2" Insert "sec. 3" Page 42, line 13: Delete "sec. 3" Insert "sec. 4" Page 42, line 14: Delete "sec. 4" Insert "sec. 5" 2017-11-05 House Journal Page 1972 Page 42, line 15: Delete "sec. 5" Insert "sec. 6" Page 42, line 16: Delete "sec. 6" Insert "sec. 7" Page 42, line 17: Delete "sec. 7" Insert "sec. 8" Page 42, line 18: Delete "sec. 8" Insert "sec. 9" Page 42, line 19: Delete "sec. 9" Insert "sec. 10" Page 42, line 20: Delete "sec. 10" Insert "sec. 11" Page 42, line 21: Delete "sec. 11" Insert "sec. 12" Page 42, line 22: Delete "sec. 12" Insert "sec. 13" Page 42, line 23: Delete "sec. 13" Insert "sec. 14" Page 42, line 24: Delete "sec. 16" Insert "sec. 17" 2017-11-05 House Journal Page 1973 Page 42, line 25: Delete "sec. 17" Insert "sec. 18" Page 42, line 26: Delete "sec. 18" Insert "sec. 19" Page 42, line 27: Delete "sec. 19" Insert "sec. 20" Page 42, line 28: Delete "sec. 20" Insert "sec. 21" Page 42, line 29: Delete "sec. 23" Insert "sec. 24" Page 42, line 30: Delete "sec. 38" Insert "sec. 39" Page 42, line 31: Delete "sec. 39" Insert "sec. 40" Page 43, line 1: Delete "sec. 59" Insert "sec. 60" Page 43, line 4: Delete "sec. 24" Insert "sec. 25" Page 43, line 5: Delete "sec. 27" Insert "sec. 28" 2017-11-05 House Journal Page 1974 Page 43, line 6: Delete "sec. 28" Insert "sec. 29" Page 43, line 7: Delete "sec. 29" Insert "sec. 30" Page 43, line 8: Delete "sec. 30" Insert "sec. 31" Page 43, line 9: Delete "sec. 31" Insert "sec. 32" Page 43, line 10: Delete "sec. 32" Insert "sec. 33" Page 43, line 11: Delete "sec. 33" Insert "sec. 34" Page 43, line 12: Delete "sec. 34" Insert "sec. 35" Page 43, line 13: Delete "sec. 49" Insert "sec. 50" Page 43, line 14: Delete "sec. 49" Insert "sec. 50" Page 43, line 17: Delete "SECS. 37 AND 69" Insert "SECS. 38 AND 70" 2017-11-05 House Journal Page 1975 Page 43, lines 17 - 18: Delete "sec. 37" Insert "sec. 38" Page 43, line 20: Delete "Section 69" Insert "Section 70" Delete "sec. 37" Insert "sec. 38" Page 43, line 24: Delete "SEC. 66" Insert "SEC. 67" Page 43, line 25: Delete "Section 66" Insert "Section 67" Page 44, line 4: Delete "Sections 23, 24, and 41" Insert "Sections 24, 25, and 42" Page 44, line 5: Delete "sec. 72" Insert "sec. 73" Delete "sec. 66" Insert "sec. 67" Page 44, line 7: Delete "Section 40" Insert "Section 41" Page 44, line 8: Delete "sec. 37" Insert "sec. 38" Delete "sec. 71(a)" Insert "sec. 72(a)" Page 44, line 10: Delete "sec. 69" Insert "sec. 70" 2017-11-05 House Journal Page 1976 Delete "sec. 71(b)" Insert "sec. 72(b)" Page 44, line 12: Delete "Section 68" Insert "Section 69" Page 44, line 13: Delete "sec. 37" Insert "sec. 38" Delete "sec. 76" Insert "sec. 77" Page 44, line 15: Delete "secs. 73 - 78" Insert "secs. 74 - 79" Representative Tarr moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Wilson objected and withdrew the objection. There being no further objection, Amendment No. 13 was adopted. Amendment No. 17 was offered by Representatives Reinbold and Eastman: Page 6, following line 5: Insert a new bill section to read: "* Sec. 9. AS 11.46.360(c) is amended to read: (c) Vehicle theft in the first degree is a class B [C] felony." Renumber the following bill sections accordingly. Page 42, following line 18: Insert a new paragraph to read: "(9) AS 11.46.360(c), as amended by sec. 9 of this Act;" Renumber the following paragraphs accordingly. Page 42, line 19: Delete "sec. 9" Insert "sec. 10" 2017-11-05 House Journal Page 1977 Page 42, line 20: Delete "sec. 10" Insert "sec. 11" Page 42, line 21: Delete "sec. 11" Insert "sec. 12" Page 42, line 22: Delete "sec. 12" Insert "sec. 13" Page 42, line 23: Delete "sec. 13" Insert "sec. 14" Page 42, line 24: Delete "sec. 16" Insert "sec. 17" Page 42, line 25: Delete "sec. 17" Insert "sec. 18" Page 42, line 26: Delete "sec. 18" Insert "sec. 19" Page 42, line 27: Delete "sec. 19" Insert "sec. 20" Page 42, line 28: Delete "sec. 20" Insert "sec. 21" Page 42, line 29: Delete "sec. 23" Insert "sec. 24" 2017-11-05 House Journal Page 1978 Page 42, line 30: Delete "sec. 38" Insert "sec. 39" Page 42, line 31: Delete "sec. 39" Insert "sec. 40" Page 43, line 1: Delete "sec. 59" Insert "sec. 60" Page 43, line 4: Delete "sec. 24" Insert "sec. 25" Page 43, line 5: Delete "sec. 27" Insert "sec. 28" Page 43, line 6: Delete "sec. 28" Insert "sec. 29" Page 43, line 7: Delete "sec. 29" Insert "sec. 30" Page 43, line 8: Delete "sec. 30" Insert "sec. 31" Page 43, line 9: Delete "sec. 31" Insert "sec. 32" Page 43, line 10: Delete "sec. 32" Insert "sec. 33" 2017-11-05 House Journal Page 1979 Page 43, line 11: Delete "sec. 33" Insert "sec. 34" Page 43, line 12: Delete "sec. 34" Insert "sec. 35" Page 43, line 13: Delete "sec. 49" Insert "sec. 50" Page 43, line 14: Delete "sec. 49" Insert "sec. 50" Page 43, line 17: Delete "SECS. 37 AND 69" Insert "SECS. 38 AND 70" Page 43, lines 17 - 18: Delete "sec. 37" Insert "sec. 38" Page 43, line 20: Delete "Section 69" Insert "Section 70" Delete "sec. 37" Insert "sec. 38" Page 43, line 24: Delete "SEC. 66" Insert "SEC. 67" Page 43, line 25: Delete "Section 66" Insert "Section 67" Page 44, line 4: Delete "Sections 23, 24, and 41" Insert "Sections 24, 25, and 42" 2017-11-05 House Journal Page 1980 Page 44, line 5: Delete "sec. 72" Insert "sec. 73" Delete "sec. 66" Insert "sec. 67" Page 44, line 7: Delete "Section 40" Insert "Section 41" Page 44, line 8: Delete "sec. 37" Insert "sec. 38" Delete "sec. 71(a)" Insert "sec. 72(a)" Page 44, line 10: Delete "sec. 69" Insert "sec. 70" Delete "sec. 71(b)" Insert "sec. 72(b)" Page 44, line 12: Delete "Section 68" Insert "Section 69" Page 44, line 13: Delete "sec. 37" Insert "sec. 38" Delete "sec. 76" Insert "sec. 77" Page 44, line 15: Delete "secs. 73 - 78" Insert "secs. 74 - 79" Representative Reinbold moved and asked unanimous consent that Amendment No. 17 be adopted. Representative Fansler objected. 2017-11-05 House Journal Page 1981 Representative Claman rose to a point of order regarding remarks not being relevant to the amendment. The Speaker agreed the point was well taken. Representative Johnson rose to a point of order requesting a citation from Mason's Manual. The Speaker noted that he encourages a citation, but the point of order was in order because of the explanation. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) am H Second Reading Amendment No. 17 YEAS: 8 NAYS: 31 EXCUSED: 1 ABSENT: 0 Yeas: Chenault, Eastman, Knopp, Neuman, Reinbold, Sullivan-Leonard, Talerico, Tilton Nays: Birch, Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Millett, Ortiz, Parish, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Tarr, Thompson, Tuck, Westlake, Wilson, Wool Excused: Rauscher And so, Amendment No. 17 was not adopted. **The voting record was changed to reflect that Representative Rauscher was excused. Representative Tuck moved and asked unanimous consent that Representative Rauscher be excused today and that his previous voting record be changed to reflect that he was excused. There being no objection, it was so ordered. HCS CSSB 54(FIN) am H was automatically in third reading.