Legislature(2017 - 2018)

2017-11-05 House Journal

Full Journal

2017-11-05                     House Journal                      Page 1948
SB 54                                                                                                                         
The following, which was held in second reading from the                                                                        
November 4 calendar (page 1945), was before the House:                                                                          
                                                                                                                                
           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-                                                           

2017-11-05                     House Journal                      Page 1949
    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 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. 12 was offered by Representatives Reinbold,                                                                       
Kawasaki, Eastman, Rauscher, and Tuck:                                                                                          
                                                                                                                                
Page 15, line 27, through page 16, line 16:                                                                                     
    Delete all material and insert:                                                                                             
"* Sec. 28. AS 12.55.125(e) is amended to read:                                                                               
         (e)  Except as provided in (i) of this section, a defendant                                                            
    convicted of a class C felony may be sentenced to a definite term                                                           
    of imprisonment of not more than five years, and shall be                                                                   
    sentenced to a definite term within the following presumptive                                                               
    ranges, subject to adjustment as provided in AS 12.55.155 -                                                                 
    12.55.175:                                                                                                                  
             (1)  if the offense is a first felony conviction and does not                                                      
    involve circumstances described in (4) of this subsection,                                                                  
    [PROBATION, WITH A SUSPENDED TERM OF                                                                                        
    IMPRISONMENT OF] zero to two years [18 MONTHS]; a                                                                       
    defendant sentenced under this paragraph may, if the court finds it                                                         
    appropriate, be granted a suspended imposition of sentence under                                                            
    AS 12.55.085, and the court may, as a condition of probation                                                            
    under AS 12.55.086, require the defendant to serve an active                                                            
    term of imprisonment within the range specified in this                                                                 
    paragraph;                                                                                                              
             (2)  if the offense is a second felony conviction, two                                                         
    [ONE] to four [THREE] years;                                                                                            
             (3)  if the offense is a third felony conviction, three                                                        
    [TWO] to five years;                                                                                                        
             (4)  if the offense is a first felony conviction, and the                                                          
    defendant violated                                                                                                          
                 [(A)]  AS 08.54.720(a)(15), one to two years [;                                                                
                 (B)  AS 28.35.030(n)(1)(A) OR 28.35.032(p)(1)(A),                                                              
         120 DAYS TO 239 DAYS;                                                                                                  

2017-11-05                     House Journal                      Page 1950
                 (C)  AS 28.35.030(n)(1)(B) OR 28.35.032(p)(1)(B),                                                              
         240 DAYS TO 359 DAYS;                                                                                                  
                 (D)  AS 28.35.030(n)(1)(C) OR 23.35.032(p)(1)(C),                                                              
         360 DAYS TO TWO YEARS]."                                                                                               
                                                                                                                                
Page 42, lines 3 - 4:                                                                                                           
    Delete         "AS 12.55.125(e)(4)(C),          12.55.125(e)(4)(D),                                                         
12.55.125(e)(4)(E);"                                                                                                            
                                                                                                                                
Representative Reinbold moved and asked unanimous consent that                                                                  
Amendment No. 12 be adopted.                                                                                                    
                                                                                                                                
Representative Fansler objected.                                                                                                
                                                                                                                                
Representative Claman rose to a point of order regarding confining                                                              
remarks to the amendment before the body.                                                                                       
                                                                                                                                
The Speaker acknowledged the point of order and requested that                                                                  
members cite Mason's Manual in the future.                                                                                      
                                                                                                                                
Amendment No. 1 to Amendment No. 12 was offered by                                                                              
Representative Johnston:                                                                                                        
                                                                                                                                
Under Sec. 28., (2):                                                                                                          
 Delete "two [ONE]"                                                                                                       
 Insert "one"                                                                                                           
                                                                                                                                
Under Sec. 28., (3):                                                                                                          
 Delete "three [TWO]"                                                                                                     
 Insert "two"                                                                                                           
                                                                                                                                
Representative Johnston moved and asked unanimous consent that                                                                  
Amendment No. 1 to Amendment No. 12 be adopted.  There being no                                                                 
objection, it was so ordered.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 12 as amended be                                                                      
adopted?"  The roll was taken with the following result:                                                                        
                                                                                                                                

2017-11-05                     House Journal                      Page 1951
HCS CSSB 54(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 12 as amended                                                                                                     
                                                                                                                                
YEAS:  26   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Chenault, Eastman, Grenn, Johnson, Johnston,                                                                      
Josephson, Kawasaki, Knopp, Kopp, Kreiss-Tomkins, LeDoux,                                                                       
Millett, Neuman, Pruitt, Reinbold, Saddler, Spohnholz, Stutes,                                                                  
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson                                                                
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara,                                                                         
Guttenberg, Kito, Ortiz, Parish, Seaton, Westlake, Wool                                                                         
                                                                                                                                
Excused:  Rauscher                                                                                                              
                                                                                                                                
And so, Amendment No. 12 as amended was adopted.                                                                                
                                                                                                                                
The Speaker stated that, without objection, Amendment No. 13 would                                                              
be moved to the bottom of the amendments.                                                                                       
                                                                                                                                
Amendment No. 14 was offered by Representatives LeDoux, Eastman,                                                                
Rauscher, and Tuck:                                                                                                             
                                                                                                                                
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    Delete "suspended"                                                                                                      
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Representative LeDoux moved and asked unanimous consent that                                                                    
Amendment No. 14 be adopted.                                                                                                    
                                                                                                                                
Representative Fansler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 14 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                

2017-11-05                     House Journal                      Page 1952
HCS CSSB 54(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 14                                                                                                                
                                                                                                                                
YEAS:  21   NAYS:  18   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Chenault, Eastman, Johnson, Johnston, Josephson,                                                                  
Kawasaki, Knopp, Kopp, LeDoux, Millett, Neuman, Pruitt, Reinbold,                                                               
Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Tuck, Wilson                                                             
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn,                                                                  
Guttenberg, Kito, Kreiss-Tomkins, Ortiz, Parish, Seaton, Spohnholz,                                                             
Stutes, Tarr, Westlake, Wool                                                                                                    
                                                                                                                                
Excused:  Rauscher                                                                                                              
                                                                                                                                
And so, Amendment No. 14 was adopted.                                                                                           
                                                                                                                                
**The presence of Representative Rauscher, who was excused (page                                                                
1947), was noted.                                                                                                               
                                                                                                                                
Amendment No. 15 was offered by Representatives LeDoux and                                                                      
Eastman:                                                                                                                        
                                                                                                                                
Page 18, following line 23:                                                                                                     
    Insert a new bill section to read:                                                                                          
"* Sec. 33. AS 12.55.135(m) is amended to read:                                                                               
         (m)  A court may not impose a sentence of imprisonment for a                                                           
    definite term of more than five days [24 HOURS] for a person                                                            
    convicted of disorderly conduct under AS 11.61.110."                                                                        
                                                                                                                                
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2017-11-05                     House Journal                      Page 1953
Page 43, following line 10:                                                                                                     
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         "(8)  AS 12.55.135(m), as amended by sec. 33 of this Act;"                                                             
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
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2017-11-05                     House Journal                      Page 1954
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2017-11-05                     House Journal                      Page 1955
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Representative LeDoux moved and asked unanimous consent that                                                                    
Amendment No. 15 be adopted.                                                                                                    
                                                                                                                                
Representative Fansler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 15 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 54(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 15                                                                                                                
                                                                                                                                
YEAS:  19   NAYS:  21   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Chenault, Eastman, Johnson, Josephson, Knopp, Kopp,                                                               
LeDoux, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler,                                                                   
Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson                                                                            
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn,                                                                  
Guttenberg, Johnston, Kawasaki, Kito, Kreiss-Tomkins, Ortiz, Parish,                                                            
Seaton, Spohnholz, Stutes, Tarr, Tuck, Westlake, Wool                                                                           
                                                                                                                                
And so, Amendment No. 15 was not adopted.                                                                                       
                                                                                                                                
Amendment No. 16 was offered by Representatives Talerico, Millett,                                                              
and Eastman:                                                                                                                    
                                                                                                                                
Page 2, lines 1 - 2:                                                                                                            
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    Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                            
AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
                                                                                                                                

2017-11-05                     House Journal                      Page 1956
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    Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                            
AS 11.46.982,]"                                                                                                                 
                                                                                                                                
Page 3, following line 2:                                                                                                       
    Insert a new bill section to read:                                                                                          
   "* Sec. 3. AS 11.46.150(a) is amended to read:                                                                             
         (a)  A person commits the crime of theft in the fourth degree                                                          
    if the person commits theft as defined in AS 11.46.100 and the                                                              
    value of the property or services [, ADJUSTED FOR                                                                           
    INFLATION AS PROVIDED IN AS 11.46.982,] is less than                                                                        
    $250."                                                                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                

2017-11-05                     House Journal                      Page 1957
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    Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                            
AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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    Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                            
AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                

2017-11-05                     House Journal                      Page 1958
Page 5, line 8:                                                                                                                 
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
Page 7, following line 9:                                                                                                       
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   "* Sec. 12. 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 knowing it has                                                        
    been stolen or that it is being used in violation of AS 11.46.360 or                                                        
    11.46.365(a)(1)."                                                                                                           
                                                                                                                                

2017-11-05                     House Journal                      Page 1959
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    Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                            
AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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    Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                            
AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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    Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                            
AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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2017-11-05                     House Journal                      Page 1960
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 42, line 3, following "Sec. 67.":                                                                                        
    Insert "AS 11.46.980(d), 11.46.982;"                                                                                        
                                                                                                                                
Page 42, following line 12:                                                                                                     
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         "(3)  AS 11.46.150(a), as amended by sec. 3 of this Act;"                                                              
                                                                                                                                
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2017-11-05                     House Journal                      Page 1961
Page 42, line 20:                                                                                                               
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         "(12)  AS 11.46.486(a), as amended by sec. 12 of this Act;"                                                            
                                                                                                                                
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Representative Talerico moved and asked unanimous consent that                                                                  
Amendment No. 16 be adopted.                                                                                                    
                                                                                                                                
Representative Fansler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 16 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 54(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 16                                                                                                                
                                                                                                                                
YEAS:  18   NAYS:  22   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Chenault, Eastman, Johnson, Johnston, Josephson,                                                                  
Knopp, Kopp, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler,                                                              
Sullivan-Leonard, Thompson, Tilton, Wilson                                                                                      
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn,                                                                  
Guttenberg, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Ortiz, Parish,                                                              

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Seaton, Spohnholz, Stutes, Talerico, Tarr, Tuck, Westlake, Wool                                                                 
                                                                                                                                
And so, Amendment No. 16 was not adopted.                                                                                       
                                                                                                                                
The Speaker stated that, without objection, Amendment No. 17 would                                                              
be moved to the bottom of the amendments.                                                                                       
                                                                                                                                
Representative Talerico moved and asked unanimous consent to                                                                    
rescind previous action in failing to adopt Amendment No. 16.  There                                                            
being no objection, it was so ordered.                                                                                          
                                                                                                                                
Representative Gara placed a call of the House.                                                                                 
                                                                                                                                
The Speaker stated the call was satisfied.                                                                                      
                                                                                                                                
The question being:  "Shall Amendment No. 16 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 54(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 16                                                                                                                
                                                                                                                                
YEAS:  19   NAYS:  21   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Chenault, Eastman, Grenn, Johnson, Johnston, Knopp,                                                               
Kopp, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler,                                                                     
Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson                                                                            
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara,                                                                         
Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux,                                                                  
Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Westlake, Wool                                                            
                                                                                                                                
And so, Amendment No. 16 was not adopted.                                                                                       
                                                                                                                                
Amendment No. 18 was not offered.                                                                                               
                                                                                                                                
Amendment No. 19 was offered by Representatives Wilson, Eastman,                                                                
Tuck, and Kawasaki:                                                                                                             
                                                                                                                                
Page 1, line 4, following "imprisonment;" (title amendment):                                                                  
    Insert "relating to court records concerning sentencing in                                                                
criminal cases;"                                                                                                              
                                                                                                                                

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Page 25, following line 4:                                                                                                      
    Insert a new bill section to read:                                                                                          
"* Sec. 38. AS 22.35 is amended by adding a new section to read:                                                              
         Sec. 22.35.040. Records concerning sentencing in criminal                                                            
    cases. The Alaska Court System shall publish a court record                                                               
    relating to the sentence imposed upon conviction of a crime in a                                                            
    criminal case on a publicly available website at no cost to the                                                             
    user."                                                                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
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 13:                                                                                                               
    Delete "sec. 49"                                                                                                            
    Insert "sec. 50"                                                                                                            
                                                                                                                                
Page 43, line 14:                                                                                                               
    Delete "sec. 49"                                                                                                            
    Insert "sec. 50"                                                                                                            
                                                                                                                                
Page 43, line 17:                                                                                                               
    Delete "69"                                                                                                                 
    Insert "70"                                                                                                                 
                                                                                                                                
Page 43, line 20:                                                                                                               
    Delete "Section 69"                                                                                                         
    Insert "Section 70"                                                                                                         
                                                                                                                                
Page 43, line 24:                                                                                                               
    Delete "SEC. 66"                                                                                                            
    Insert "SEC. 67"                                                                                                            

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Page 43, line 25:                                                                                                               
    Delete "Section 66"                                                                                                         
    Insert "Section 67"                                                                                                         
                                                                                                                                
Page 44, line 4:                                                                                                                
    Delete "and 41"                                                                                                             
    Insert "38, 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. 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. 76"                                                                                                            
    Insert "sec. 77"                                                                                                            
                                                                                                                                
Page 44, line 15:                                                                                                               
    Delete "secs. 73 - 78"                                                                                                      
    Insert "secs. 74 - 79"                                                                                                      
                                                                                                                                

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Representative Wilson moved and asked unanimous consent that                                                                    
Amendment No. 19 be adopted.                                                                                                    
                                                                                                                                
Representative Fansler objected.