Legislature(2019 - 2020)

2019-05-08 House Journal

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2019-05-08                     House Journal                      Page 0841
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                        THIRTY-FIRST LEGISLATURE                                                                             
                                                                                                                                
                              FIRST SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska                 Wednesday                    May 8, 2019                                                       
                                                                                                                                
                       One Hundred Fourteenth Day                                                                          
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Edgmon at 11:27 a.m.                                                                                                            
                                                                                                                                
Roll call showed 37 members present.  Representative Neuman had                                                                 
been excused from a call of the House today.  Representative Claman                                                             
was absent and his presence was noted later.                                                                                    
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
Representative Tuck be excused from a call of the House today.  There                                                           
being no objection, it was so ordered.                                                                                          
                                                                                                                                
The invocation was offered by the Chaplain, Representative Talerico.                                                            
Representative Shaw moved and asked unanimous consent that the                                                                  
invocation be spread on the journal.  There being no objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
    With respect for the beliefs of all Alaskans, I offer the                                                                   
    following prayer:                                                                                                           
                                                                                                                                
    Dear Lord, We come before you thankful that we have                                                                         
    another day before us.  We thank you for your grace and                                                                     
    mercy and this land we call home.                                                                                           
                                                                                                                                
    I ask for your blessings upon the members of this legislature                                                               
    and the citizens of Alaska, please provide us the wisdom and                                                                
    knowledge necessary to strengthen our ability to make sound                                                                 
    decisions.  I ask that you guide our day to be productive and                                                               

2019-05-08                     House Journal                      Page 0842
    peaceful.  Help us remain focused and on task as we go about                                                                
    our responsibilities for the people of Alaska.  Let us                                                                      
    remember this day those less fortunate, those who have far                                                                  
    greater needs than we do.                                                                                                   
                                                                                                                                
       Help us be generous, respectful, and humble in our behavior                                                             
        toward one another.  We ask these things in Jesus' name.                                                               
    Amen.                                                                                                                       
                                                                                                                                
The Pledge of Allegiance was led by Representative Pruitt.                                                                      
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the journal for the 112th and 113th legislative days be approved as                                                             
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                        MESSAGES FROM THE SENATE                                                                             
                                                                                                                                
A message dated May 7 was read stating the Senate passed the                                                                    
following, and it is transmitted for consideration:                                                                             
                                                                                                                                
                       FIRST READING AND REFERENCE                                                                           
                             OF SENATE BILLS                                                                                 
                                                                                                                                
SB 91                                                                                                                         
CS FOR SENATE BILL NO. 91(FIN) by the Senate Finance                                                                            
Committee, entitled:                                                                                                            
                                                                                                                                
    "An Act relating to the development and operation of a                                                                      
    hydroelectric site at the Nuyakuk River Falls; providing for the                                                            
    amendment of the management plan for the Wood-Tikchik State                                                                 
    Park; and providing for an effective date."                                                                                 
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
**The presence of Representative Claman was noted.                                                                              
                                                                                                                                
                             COMMUNICATIONS                                                                                  
                                                                                                                                
The following was received:                                                                                                     

2019-05-08                     House Journal                      Page 0843
Office of the Ombudsman                                                                                                         
2018 Annual Report                                                                                                              
(as required by AS 24.55.230)                                                                                                   
                                                                                                                                
                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
HB 139                                                                                                                        
The State Affairs Committee considered:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 139                                                                                                          
    "An Act providing an exemption from the state procurement code                                                              
    for the acquisition of investment-related services for assets                                                               
    managed by the Board of Trustees of the Alaska Permanent Fund                                                               
    Corporation."                                                                                                               
                                                                                                                                
The report was signed by Representatives Kreiss-Tomkins and Fields,                                                             
Co-chairs, with the following individual recommendations:                                                                       
                                                                                                                                
Do pass (4):  Story, Shaw, Kreiss-Tomkins, Fields                                                                               
                                                                                                                                
No recommendation (2):  Hopkins, Vance                                                                                          
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Revenue                                                                                                      
                                                                                                                                
HB 139 was referred to the Finance Committee.                                                                                   
                                                                                                                                
                      REPORTS OF SPECIAL COMMITTEES                                                                          
                                                                                                                                
HB 39                                                                                                                         
The Conference Committee considering:                                                                                           
                                                                                                                                
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                                                
    39(FIN) am(brf sup maj fld)                                                                                                 
    "An Act making appropriations for the operating and loan                                                                    
    program expenses of state government and for certain programs;                                                              
    capitalizing funds; amending appropriations; making                                                                         
    supplemental appropriations; and providing for an effective date."                                                          
                                                                                                                                

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and                                                                                                                             
                                                                                                                                
    SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 39(FIN)                                                                          
    am S                                                                                                                        
    "An Act making appropriations for the operating and loan                                                                    
    program expenses of state government and for certain programs;                                                              
    capitalizing funds; amending appropriations; making                                                                         
    supplemental appropriations and reappropriations; and providing                                                             
    for an effective date."                                                                                                     
                                                                                                                                
    (SCR 3 – title change resolution)                                                                                           
                                                                                                                                
requests limited powers of free conference on the appropriations and                                                            
language that are not identical in the House and Senate versions of                                                             
HB 39.                                                                                                                          
                                                                                                                                
The request was signed by Representatives Foster (Chair), Wilson,                                                               
Tilton; and Senators Stedman (Chair), von Imhof, Olson.                                                                         
                                                                                                                                
The Speaker granted the limited powers of free conference as                                                                    
requested.                                                                                                                      
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
HB 40                                                                                                                         
The Conference Committee considering:                                                                                           
                                                                                                                                
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                                                
    40(FIN)                                                                                                                     
    "An Act making appropriations for the operating and capital                                                                 
    expenses of the state's integrated comprehensive mental health                                                              
    program; and providing for an effective date."                                                                              
                                                                                                                                
and                                                                                                                             
                                                                                                                                
    SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 40(FIN)                                                                          
    (same title)                                                                                                                
                                                                                                                                
requests limited powers of free conference on the appropriations and                                                            
language that are not identical in the House and Senate versions of                                                             
HB 40.                                                                                                                          

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The request was signed by Representatives Foster (Chair), Wilson,                                                               
Tilton; and Senators Stedman (Chair), von Imhof, Olson.                                                                         
                                                                                                                                
The Speaker granted the limited powers of free conference as                                                                    
requested.                                                                                                                      
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Rhiana Gay                                                                                                           
By Representatives LeDoux, Spohnholz; Senator Wielechowski                                                                      
                                                                                                                                
Honoring - Rev. Dr. Anna Frank                                                                                                  
By Senator Bishop                                                                                                               
                                                                                                                                
               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                          OF HOUSE RESOLUTIONS                                                                               
                                                                                                                                
HR 11                                                                                                                         
HOUSE RESOLUTION NO. 11 by Representative Kreiss-Tomkins:                                                                       
                                                                                                                                
    Supporting the renaming of Saginaw Bay as Skanáx_ Bay.                                                                      
                                                                                                                                
was read the first time and referred to the State Affairs Committee.                                                            
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                      SECOND READING OF HOUSE BILLS                                                                          
                                                                                                                                
HB 49                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 49                                                                                                           
    "An Act relating to criminal law and procedure; relating to                                                                 
    controlled substances; relating to probation; relating to sentencing;                                                       
    relating to reports of involuntary commitment; amending Rule 6,                                                             

2019-05-08                     House Journal                      Page 0846
    Alaska Rules of Criminal Procedure; and providing for an                                                                    
    effective date."                                                                                                            
                                                                                                                                
with the: Journal Page                                                                                                          
                                                                                                                                
 JUD RPT CS(JUD) NT 1DP 2DNP 2NR 1AM 758                                                                                        
 FN1: ZERO(DHS) 759                                                                                                             
 FN2: ZERO(DPS) 759                                                                                                             
 FN5: (COR) 759                                                                                                                 
 FN6: (LAW) 759                                                                                                                 
 FN7: (ADM) 759                                                                                                                 
 FN8: (ADM) 759                                                                                                                 
 FN9: (AJS) 759                                                                                                                 
 STUTES CHANGED FROM DNP TO DP UC 771                                                                                           
 JUD RPT CS(JUD) NT 2DP 1DNP 2NR 1AM (CHANGED) 771                                                                              
 FIN RPT CS(FIN) 5DP 1NR 5AM 810                                                                                                
                                                                                                                                
The Finance Committee submitted the following forthcoming fiscal                                                                
notes to accompany its report (page 810):                                                                                       
                                                                                                                                
1. Zero, Dept. of Health & Social Services                                                                                      
6. Fiscal, Dept. of Law                                                                                                         
10.  Fiscal, Dept. of Administration                                                                                            
11.  Fiscal, Dept. of Administration                                                                                            
12.  Fiscal, Dept. of Corrections                                                                                               
13.  Fiscal, Dept. of Corrections                                                                                               
14.  Indeterminate, Dept. of Corrections                                                                                        
15.  Indeterminate, Dept. of Corrections                                                                                        
16.  Indeterminate, Dept. of Corrections                                                                                        
17.  Indeterminate, Dept. of Corrections                                                                                        
18.  Fiscal, Alaska Judiciary System                                                                                            
19.  Fiscal, Dept. of Public Safety                                                                                             
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the following committee substitute be adopted in lieu of the original                                                           
bill:                                                                                                                           
                                                                                                                                
    CS FOR HOUSE BILL NO. 49(FIN)                                                                                               
    "An Act relating to criminal law and procedure; eliminating                                                                 
    marriage as a defense to certain crimes of sexual assault;                                                                  

2019-05-08                     House Journal                      Page 0847
    establishing the crime of possession of motor vehicle theft tools;                                                          
    relating to electronic monitoring; relating to controlled substances;                                                       
    relating to probation and parole; relating to sentencing; amending                                                          
    the definitions of 'most serious felony,' 'sex offense,' and 'sex                                                           
    offender'; relating to registration of sex offenders; relating to                                                           
    operating under the influence; relating to refusal to submit to a                                                           
    chemical test; relating to the duties of the commissioner of                                                                
    corrections; relating to testing of sexual assault examination kits;                                                        
    relating to reports of involuntary commitment; amending Rules                                                               
    6(r)(6) and 38.2, Alaska Rules of Criminal Procedure; and                                                                   
    providing for an effective date."                                                                                           
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 4 was offered by Representatives Kopp, Wilson, and                                                                
Claman:                                                                                                                         
                                                                                                                                
Page 1, lines 1 - 2 (title amendment):                                                                                          
    Delete "eliminating marriage as a defense to certain crimes of                                                            
sexual assault;"                                                                                                              
                                                                                                                                
Page 2, line 18:                                                                                                                
    Delete "sec. 64"                                                                                                            
    Insert "sec. 61"                                                                                                            
                                                                                                                                
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    Insert "sec. 65"                                                                                                            
                                                                                                                                
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    Delete "sec. 64"                                                                                                            
    Insert "sec. 61"                                                                                                            
                                                                                                                                
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    Insert "sec. 61"                                                                                                            
                                                                                                                                
Page 3, line 10:                                                                                                                
    Delete "sec. 73"                                                                                                            
    Insert "sec. 70"                                                                                                            

2019-05-08                     House Journal                      Page 0848
Page 3, line 15:                                                                                                                
    Delete "sec. 73"                                                                                                            
    Insert "sec. 70"                                                                                                            
                                                                                                                                
Page 3, line 19:                                                                                                                
    Delete "sec. 73"                                                                                                            
    Insert "sec. 70"                                                                                                            
                                                                                                                                
Page 5, lines 13 - 20:                                                                                                          
    Delete all material.                                                                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 16, line 29, through page 17, line 3:                                                                                      
    Delete all material.                                                                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 35, line 25, through page 36, line 7:                                                                                      
    Delete all material.                                                                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 38, following line 4:                                                                                                      
    Insert a new bill section to read:                                                                                          
"* Sec. 58. AS 12.55.110(c) is amended to read:                                                                               
         (c)  If a defendant is serving a period of probation for an                                                            
    offense, the court may find that the defendant has committed a                                                              
    technical violation of probation. If the court finds that a defendant                                                       
    has committed a technical violation of probation that does not                                                              
    include absconding, the court may reinstate the term of probation                                                           
    with appropriate conditions or impose a sentence of imprisonment                                                            
    of not more than                                                                                                            
             (1)  zero to three days for the first probation revocation;                                                    
             (2)  zero to 30 [FIVE] days for the second probation                                                           
    revocation; or                                                                                                          
             (3)  [10 DAYS FOR THE THIRD PROBATION                                                                              
    REVOCATION; OR                                                                                                              
             (4)]  the remainder of the suspended portion of the                                                                
    sentence for a third [FOURTH] or subsequent probation                                                                   
    revocation."                                                                                                                

2019-05-08                     House Journal                      Page 0849
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 53, line 28, through page 54, line 18:                                                                                     
    Delete all material and insert:                                                                                             
"* Sec. 75. AS 33.05.020(h) is amended to read:                                                                               
         (h)  The commissioner shall establish by regulation a program                                                          
    allowing probationers to earn credits for complying with the                                                                
    conditions of probation. The credits earned reduce the period of                                                            
    probation. Nothing in this subsection prohibits the department                                                              
    from recommending to the court the early discharge of the                                                                   
    probationer as provided in AS 33.30. At a minimum, the                                                                      
    regulations must                                                                                                            
             (1)  require that a probationer earn a credit of 10 [30]                                                       
    days for each 30-day period served in which the defendant                                                                   
    complied with the conditions of probation;                                                                                  
             (2)  include policies and procedures for                                                                           
                  (A)  calculating and tracking credits earned by                                                               
         probationers;                                                                                                          
                  (B)  reducing the probationer's period of probation                                                           
         based on credits earned by the probationer; and                                                                        
                  (C)  notifying a victim under AS 33.30.013;                                                                   
             (3)  require that a probationer convicted of a sex offense                                                         
    as defined in AS 12.63.100 or a crime involving domestic                                                                    
    violence as defined in AS 18.66.990 complete all treatment                                                                  
    programs required as a condition of probation before discharge                                                              
    based on credits earned under this subsection."                                                                             
                                                                                                                                
Page 56, line 19, through page 57, line 8:                                                                                      
    Delete all material and insert:                                                                                             
"* Sec. 78. AS 33.16.060(a) is amended to read:                                                                               
         (a)  The board shall                                                                                                   
            (1)  serve as the parole authority for the state;                                                                  
             (2)  consider the suitability for parole of a prisoner who is                                                      
    eligible for discretionary parole or [AT LEAST 90 DAYS                                                                  
    BEFORE THE PRISONER'S FIRST DATE OF ELIGIBILITY                                                                             
    AND UPON RECEIPT OF THE PRISONER'S APPLICATION                                                                              
    FOR] special medical parole if                                                                                          
                  (A)  the prisoner had no disciplinary action                                                              
         imposed during incarceration; or                                                                                   
                  (B)  the prisoner had disciplinary action imposed                                                         

2019-05-08                     House Journal                      Page 0850
         during incarceration and the prisoner filed an application                                                         
         with the board for discretionary or special medical parole;                                                        
             (3)  impose parole conditions on all prisoners released                                                            
    under special medical, discretionary, or mandatory parole;                                                                  
             (4)  under AS 33.16.210, discharge a person from parole                                                            
    when custody is no longer required;                                                                                         
             (5)  maintain records of the meetings and proceedings of                                                           
    the board;                                                                                                                  
             (6)  recommend to the governor and the legislature                                                                 
    changes in the law administered by the board;                                                                               
             (7)  recommend to the governor or the commissioner                                                                 
    changes in the practices of the department and of other                                                                     
    departments of the executive branch necessary to facilitate the                                                             
    purposes and practices of parole;                                                                                           
             (8)  upon request of the governor, review and recommend                                                            
    applicants for executive clemency; and                                                                                      
             (9)  execute other responsibilities prescribed by law."                                                            
                                                                                                                                
Page 57, lines 18 - 19:                                                                                                         
    Delete all material and insert:                                                                                             
                  "(B)  a prisoner is not eligible for consideration of                                                         
         discretionary parole if the prisoner is                                                                            
                      (i)  made ineligible by order of a court under                                                        
             AS 12.55.115;                                                                                                  
                      (ii)  serving a sentence for a sexual felony as                                                       
             defined in AS 12.55.185;                                                                                       
                      (iii)  serving a sentence for a class A felony                                                        
             conviction and has previously been convicted of a                                                              
             felony offense;                                                                                                
                      (iv)  serving a sentence for a class B felony                                                         
             conviction and has two or more prior felony                                                                    
             convictions; or                                                                                                
                      (v)  serving a sentence for a class C felony                                                          
             conviction and has three or more prior felony                                                                  
             convictions;"                                                                                                  
                                                                                                                                
Page 58, line 10:                                                                                                               
    Delete "one-half [ONE-THIRD]"                                                                                           
    Insert "one-third"                                                                                                          
                                                                                                                                

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Page 59, line 31, through page 60, line 2:                                                                                      
    Delete "[, AFTER A DEDUCTION FOR GOOD TIME EARNED                                                                           
UNDER AS 33.20.010,] one-half"                                                                                                  
    Insert "one-third  [, AFTER A DEDUCTION FOR GOOD TIME                                                                   
EARNED UNDER AS 33.20.010, ONE-HALF]"                                                                                           
                                                                                                                                
Page 61, following line 18:                                                                                                     
    Insert a new bill section to read:                                                                                          
"* Sec. 86. AS 33.16.215(a) is amended to read:                                                                               
         (a)  If a parolee is serving a period of parole for an offense,                                                        
    the board may find that the parolee has committed a technical                                                               
    violation of parole. If the board finds that a parolee has committed                                                        
    a technical violation of parole that does not include absconding,                                                           
    the board may reinstate the term of parole with appropriate                                                                 
    conditions or revoke parole and impose a term of imprisonment of                                                            
    not more than                                                                                                               
             (1)  zero to three [THREE] days for the first parole                                                           
    revocation;                                                                                                                 
             (2)  zero to 30 [FIVE] days for the second parole                                                              
    revocation; and                                                                                                         
             (3)  [10 DAYS FOR THE THIRD PAROLE                                                                                 
    REVOCATION; AND]                                                                                                            
    the remainder of the sentence for a third [FOURTH] or                                                                   
    subsequent parole revocation."                                                                                              
                                                                                                                                
 Renumber the following bill sections accordingly.                                                                              
                                                                                                                                
Page 62, line 12, through page 63, line 3:                                                                                      
    Delete all material and insert:                                                                                             
"* Sec. 89. AS 33.16.270 is amended to read:                                                                                  
         Sec. 33.16.270. Earned compliance credits. The                                                                       
    commissioner shall establish by regulation a program allowing                                                               
    parolees to earn credits for complying with the conditions of                                                               
    parole. The earned compliance credits reduce the period of parole.                                                          
    Nothing in this section prohibits the department from                                                                       
    recommending to the board the early discharge of the parolee as                                                             
      provided in this chapter. At a minimum, the regulations must                                                             
             (1)  require that a parolee earn a credit of 10 [30] days for                                                  
    each 30-day period served in which the parolee complied with the                                                            
    conditions of parole;                                                                                                       

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             (2)  include policies and procedures for                                                                           
                  (A)  calculating and tracking credits earned by                                                               
         parolees;                                                                                                              
                  (B)  reducing the parolee's period of parole based on                                                         
         credits earned by the parolee and notifying a victim under                                                             
         AS 33.30.013;                                                                                                          
             (3)  require that a parolee convicted of a sex offense as                                                          
    defined in AS 12.63.100 or a crime involving domestic violence                                                              
    complete all treatment programs required as a condition of parole                                                           
    before discharge based on credits earned under this section."                                                               
                                                                                                                                
Page 69, line 27, following "33.16.220(j),":                                                                                    
    Insert "and"                                                                                                                
                                                                                                                                
Page 69, line 28:                                                                                                               
    Delete "; and AS 33.20.010"                                                                                                 
                                                                                                                                
Page 70, line 2:                                                                                                                
    Delete "sec. 93"                                                                                                            
    Insert "sec. 91"                                                                                                            
                                                                                                                                
Page 70, lines 28 - 29:                                                                                                         
    Delete all material.                                                                                                        
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 70, line 30:                                                                                                               
    Delete "sec. 6"                                                                                                             
    Insert "sec. 4"                                                                                                             
                                                                                                                                
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2019-05-08                     House Journal                      Page 0856
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2019-05-08                     House Journal                      Page 0857
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2019-05-08                     House Journal                      Page 0858
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2019-05-08                     House Journal                      Page 0859
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2019-05-08                     House Journal                      Page 0860
Page 73, line 17:                                                                                                               
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Page 73, following line 17:                                                                                                     
    Insert a new paragraph to read:                                                                                             
         "(3)  AS 12.55.110(c), as amended by sec. 58 of this Act;"                                                             
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 73, line 18:                                                                                                               
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2019-05-08                     House Journal                      Page 0861
Page 73, following line 27:                                                                                                     
    Insert a new paragraph to read:                                                                                             
         "(6)  AS 33.16.215(c), as amended by sec. 86 of this Act;"                                                             
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
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    Insert "secs. 97 - 99"                                                                                                      

2019-05-08                     House Journal                      Page 0862
Page 74, line 9:                                                                                                                
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Representative Kopp moved and asked unanimous consent that                                                                      
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative LeDoux objected.                                                                                                 
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that the                                                                
House recess for an hour to review the amendment.                                                                               
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall the House recess?"  The roll was taken                                                              
with the following result:                                                                                                      
                                                                                                                                
CSHB 49(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
Recess                                                                                                                          
                                                                                                                                
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Jackson, Johnson, LeDoux, Merrick,                                                                   
Pruitt, Rasmussen, Rauscher, Revak, Shaw, Sullivan-Leonard,                                                                     
Talerico, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Wilson,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, the motion failed.                                                                                                      

2019-05-08                     House Journal                      Page 0863
Amendment No. 1 to Amendment No. 4 was offered by                                                                               
Representatives Rasmussen, Pruitt, and Tarr:                                                                                    
                                                                                                                                
Delete the following:                                                                                                           
 "Page 5, lines 13 - 20:                                                                                                        
     Delete all material."                                                                                                      
                                                                                                                                
Representative Rasmussen moved and asked unanimous consent that                                                                 
Amendment No. 1 to Amendment No. 4 be adopted.                                                                                  
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
Representative Kopp moved to limit debate to two minutes.                                                                       
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall debate be limited to two minutes?"  The                                                             
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 49(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1 to Amendment No. 4                                                                                              
Limit debate to two minutes                                                                                                     
                                                                                                                                
YEAS:  23   NAYS:  14   EXCUSED:  2   ABSENT:  1                                                                              
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Wilson,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Nays:  Carpenter, Eastman, Jackson, Johnson, LeDoux, Merrick,                                                                   
Pruitt, Rasmussen, Revak, Shaw, Sullivan-Leonard, Talerico, Tilton,                                                             
Vance                                                                                                                           
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
Absent:  Rauscher                                                                                                               
                                                                                                                                
And so, the motion passed.                                                                                                      
                                                                                                                                
The question being:  "Shall Amendment No. 1 to Amendment No. 4                                                                  
be adopted?"  The roll was taken with the following result:                                                                     
                                                                                                                                

2019-05-08                     House Journal                      Page 0864
CSHB 49(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1 to Amendment No .4                                                                                              
                                                                                                                                
YEAS:  17   NAYS:  20   EXCUSED:  2   ABSENT:  1                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Jackson, Johnson, Josephson, LeDoux,                                                                 
Merrick, Pruitt, Rasmussen, Rauscher, Revak, Shaw,                                                                              
Sullivan-Leonard, Talerico, Tarr, Tilton, Vance                                                                                 
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Knopp, Kopp, Kreiss-Tomkins, LeBon, Lincoln,                                                                 
Ortiz, Spohnholz, Story, Stutes, Thompson, Wilson, Zulkosky                                                                     
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
Absent:  Wool                                                                                                                   
                                                                                                                                
And so, Amendment No. 1 to Amendment No. 4 was not adopted.                                                                     
                                                                                                                                
Amendment No. 2 to Amendment No. 4 was not offered.                                                                             
                                                                                                                                
Amendment No. 3 to Amendment No. 4 was offered by                                                                               
Representative Eastman:                                                                                                         
                                                                                                                                
Delete the following:                                                                                                           
 "Page 58, line 10:                                                                                                             
         Delete "one-half [ONE-THIRD]"                                                                                      
         Insert "one-third""                                                                                                    
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 3 to Amendment No. 4 be adopted.                                                                                  
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 3 to Amendment No. 4                                                                  
be adopted?"  The roll was taken with the following result:                                                                     
                                                                                                                                
CSHB 49(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 3 to Amendment No. 4                                                                                              
                                                                                                                                
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
                                                                                                                                

2019-05-08                     House Journal                      Page 0865
Yeas:  Carpenter, Eastman, Jackson, Johnson, LeDoux, Merrick,                                                                   
Pruitt, Rasmussen, Rauscher, Revak, Shaw, Sullivan-Leonard,                                                                     
Talerico, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Wilson,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, Amendment No. 3 to Amendment No. 4 was not adopted.                                                                     
                                                                                                                                
Amendment No. 4 to Amendment No. 4 was not offered.                                                                             
                                                                                                                                
Amendment No. 5 to Amendment No. 4 was offered by                                                                               
Representative Vance:                                                                                                           
                                                                                                                                
Under * Sec. 58. following "imprisonment":                                                                                    
 Delete "of not more than"                                                                                                      
 Insert "at the discretion of the court"                                                                                        
                                                                                                                                
 Delete:                                                                                                                        
      "(1)  zero to three days for the first probation revocation;                                                          
             (2)  zero to 30 [FIVE] days for the second probation                                                           
    revocation; or                                                                                                          
             (3)  [10 DAYS FOR THE THIRD PROBATION                                                                              
    REVOCATION; OR                                                                                                              
             (4)]  the remainder of the suspended portion of the                                                                
    sentence for a third [FOURTH] or subsequent probation                                                                   
    revocation."                                                                                                                
                                                                                                                                
Representative Vance moved and asked unanimous consent that                                                                     
Amendment No. 5 to Amendment No. 4 be adopted.                                                                                  
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 5 to Amendment No. 4                                                                  
be adopted?"  The roll was taken with the following result:                                                                     
                                                                                                                                
                                                                                                                                

2019-05-08                     House Journal                      Page 0866
CSHB 49(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 5 to Amendment No. 4                                                                                              
                                                                                                                                
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Jackson, Johnson, LeDoux, Merrick,                                                                   
Pruitt, Rasmussen, Rauscher, Revak, Shaw, Sullivan-Leonard,                                                                     
Talerico, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Wilson,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, Amendment No. 5 to Amendment No. 4 was not adopted.                                                                     
                                                                                                                                
Amendment No. 6 to Amendment No. 4 was offered by                                                                               
Representative Pruitt:                                                                                                          
                                                                                                                                
Delete the following:                                                                                                           
 "Page 16, line 29, through page 17, line 3:                                                                                    
         Delete all material.                                                                                                   
                                                                                                                                
Renumber the following bill sections accordingly."                                                                              
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that                                                                    
Amendment No. 6 to Amendment No. 4 be adopted.                                                                                  
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 6 to Amendment No. 4                                                                  
be adopted?"  The roll was taken with the following result:                                                                     
                                                                                                                                
CSHB 49(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 6 to Amendment No. 4                                                                                              
                                                                                                                                
YEAS:  16   NAYS:  21   EXCUSED:  2   ABSENT:  1                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Jackson, Johnson, Josephson, LeDoux,                                                                 
Merrick, Pruitt, Rasmussen, Rauscher, Revak, Shaw,                                                                              
Sullivan-Leonard, Talerico, Tilton, Vance                                                                                       

2019-05-08                     House Journal                      Page 0867
Nays:  Claman, Drummond, Edgmon, Foster, Hannan, Hopkins,                                                                       
Johnston, Knopp, Kopp, Kreiss-Tomkins, LeBon, Lincoln, Ortiz,                                                                   
Spohnholz, Story, Stutes, Tarr, Thompson, Wilson, Wool, Zulkosky                                                                
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
Absent:  Fields                                                                                                                 
                                                                                                                                
And so, Amendment No. 6 to Amendment No. 4 was not adopted.                                                                     
                                                                                                                                
Amendment No. 7 to Amendment No. 4 was offered by                                                                               
Representative Pruitt:                                                                                                          
                                                                                                                                
Delete the following:                                                                                                           
 "Page 59, line 31, through page 60, line 2:                                                                                    
         Delete "[, AFTER A DEDUCTION FOR GOOD TIME                                                                             
EARNED UNDER AS 33.20.010,] one-half"                                                                                           
         Insert "one-third  [, AFTER A DEDUCTION FOR GOOD                                                                   
TIME EARNED UNDER AS 33.20.010, ONE-HALF]""                                                                                     
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that                                                                    
Amendment No. 7 to Amendment No. 4 be adopted.                                                                                  
                                                                                                                                
Representative Wilson objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 7 to Amendment No. 4                                                                  
be adopted?"  The roll was taken with the following result:                                                                     
                                                                                                                                
CSHB 49(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 7 to Amendment No. 4                                                                                              
                                                                                                                                
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Jackson, Johnson, LeDoux, Merrick,                                                                   
Pruitt, Rasmussen, Rauscher, Revak, Shaw, Sullivan-Leonard,                                                                     
Talerico, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Wilson,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-05-08                     House Journal                      Page 0868
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, Amendment No. 7 to Amendment No. 4 was not adopted.                                                                     
                                                                                                                                
Amendment Nos. 8 and 9 to Amendment No. 4 were not offered.                                                                     
                                                                                                                                
Representative Claman rose to a point of order regarding impugning                                                              
the motives of members of the body.                                                                                             
                                                                                                                                
The Speaker stated that the point was well taken and cautioned the                                                              
members to confine remarks to the amendment.                                                                                    
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 49(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  23   NAYS:  15   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Wilson,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Nays:  Carpenter, Eastman, Jackson, Johnson, LeDoux, Merrick,                                                                   
Pruitt, Rasmussen, Rauscher, Revak, Shaw, Sullivan-Leonard,                                                                     
Talerico, Tilton, Vance                                                                                                         
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, Amendment No. 4 was adopted, and the new title follows:                                                                 
                                                                                                                                
    CS FOR HOUSE BILL NO. 49(FIN) am                                                                                            
    "An Act relating to criminal law and procedure; establishing the                                                            
    crime of possession of motor vehicle theft tools; relating to                                                               
    electronic monitoring; relating to controlled substances; relating to                                                       
    probation and parole; relating to sentencing; amending the                                                                  
    definitions of 'most serious felony,' 'sex offense,' and 'sex                                                               
    offender'; relating to registration of sex offenders; relating to                                                           
    operating under the influence; relating to refusal to submit to a                                                           
    chemical test; relating to the duties of the commissioner of                                                                

2019-05-08                     House Journal                      Page 0869
    corrections; relating to testing of sexual assault examination kits;                                                        
    relating to reports of involuntary commitment; amending Rules                                                               
    6(r)(6) and 38.2, Alaska Rules of Criminal Procedure; and                                                                   
    providing for an effective date."                                                                                           
                                                                                                                                
Amendment No. 5 was not offered.                                                                                                
                                                                                                                                
Amendment No. 6 was offered by Representative Rauscher:                                                                         
                                                                                                                                
Page 1, line 8, following "commitment;" (title amendment):                                                                    
 Insert "relating to assault in the third and fourth degrees;                                                                 
relating to reckless endangerment;"                                                                                           
                                                                                                                                
Page 5, following line 12:                                                                                                      
 Insert new bill sections to read:                                                                                              
"* Sec. 4.  AS 11.41.220 is amended by adding a new subsection to                                                             
read:                                                                                                                           
     (f)  The provisions of (a)(1)(A) of this section do not apply to                                                           
    the defensive display of a firearm by a person.                                                                             
* Sec. 5.  AS 11.41.230 is amended by adding a new subsection to                                                              
read:                                                                                                                           
     (c)  The provisions of (a)(3) of this section do not apply to the                                                          
    defensive display of a firearm by a person.                                                                                 
* Sec. 6.  AS 11.41.250 is amended by adding a new subsection to                                                              
read:                                                                                                                           
     (c)  The provisions of (a) of this section do not apply to the                                                             
    defensive display of a firearm by a person.                                                                                 
* Sec. 7. AS 11.81.900(b) is amended by adding a new paragraph to                                                             
read:                                                                                                                           
      (68)  "defensive display of a firearm" includes                                                                           
           (A)  openly wearing, carrying, or possessing a                                                                       
         firearm;                                                                                                               
           (B)  verbally informing another person of the                                                                        
         possession of a firearm;                                                                                               
           (C)  holding a firearm in a position that does not                                                                   
         point the firearm directly at another person;                                                                          
           (D)  displaying a firearm to dissuade a threatening                                                                  
         person; and                                                                                                            
           (E)  warning another person of the availability of a                                                                 
         firearm to dissuade a threat by the other person.                                                                      
                                                                                                                                

2019-05-08                     House Journal                      Page 0870
* Sec. 8.  The uncodified law of the State of Alaska is amended by                                                            
adding a new section to read:                                                                                                   
                                                                                                                                
 APPLICABILITY.  AS 11.41.220(f), enacted by Sec. 4 of this                                                                     
Act, AS 11.41.230(c), enacted by Sec. 5 of this Act, and                                                                        
AS 11.41.250(c), enacted by Sec. 6 of this Act, apply to offenses                                                               
committed on or after the effective date of this Act."                                                                          
                                                                                                                                
Renumber the following sections accordingly.                                                                                    
                                                                                                                                
Representative Rauscher moved and asked unanimous consent that                                                                  
Amendment No. 6 be adopted.                                                                                                     
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
Representative Claman rose to a point of order, citing Uniform                                                                  
Rule 48, regarding the amendment being current legislation in                                                                   
committee.                                                                                                                      
                                                                                                                                
The Speaker ruled Amendment No. 6 out of order.                                                                                 
                                                                                                                                
Representative Pruitt objected.                                                                                                 
                                                                                                                                
The question being:  "Shall the ruling of the Chair be sustained?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 49(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 6                                                                                                                 
Sustain the Ruling of the Chair                                                                                                 
                                                                                                                                
YEAS:  21   NAYS:  15   EXCUSED:  2   ABSENT:  2                                                                              
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
Ortiz, Story, Stutes, Tarr, Thompson, Wilson, Wool, Zulkosky                                                                    
                                                                                                                                
Nays:  Carpenter, Eastman, Jackson, Johnson, LeDoux, Merrick,                                                                   
Pruitt, Rasmussen, Rauscher, Revak, Shaw, Sullivan-Leonard,                                                                     
Talerico, Tilton, Vance                                                                                                         
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-05-08                     House Journal                      Page 0871
                                                                                                                                
Absent:  Lincoln, Spohnholz                                                                                                     
                                                                                                                                
And so, Amendment No. 6 was ruled out of order.                                                                                 
                                                                                                                                
Amendment No. 7 was offered by Representative Shaw:                                                                             
                                                                                                                                
Page 2, line 18:                                                                                                                
    Delete "sec. 64"                                                                                                            
    Insert "sec. 65"                                                                                                            
                                                                                                                                
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    Delete "sec. 68"                                                                                                            
    Insert "sec. 69"                                                                                                            
                                                                                                                                
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    Delete "sec. 64"                                                                                                            
    Insert "sec. 65"                                                                                                            
                                                                                                                                
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    Delete "sec. 64"                                                                                                            
    Insert "sec. 65"                                                                                                            
                                                                                                                                
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    Delete "sec. 73"                                                                                                            
    Insert "sec. 74"                                                                                                            
                                                                                                                                
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    Delete "sec. 73"                                                                                                            
    Insert "sec. 74"                                                                                                            
                                                                                                                                
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    Delete "sec. 73"                                                                                                            
    Insert "sec. 74"                                                                                                            
                                                                                                                                
Page 38, line 11:                                                                                                               
    Delete "four"                                                                                                           
    Insert "five"                                                                                                           
    Delete "seven"                                                                                                          
    Insert "eight"                                                                                                          
                                                                                                                                

2019-05-08                     House Journal                      Page 0872
Page 39, line 2:                                                                                                                
    Delete "nine"                                                                                                           
    Insert "10"                                                                                                             
    Delete "13"                                                                                                             
    Insert "14"                                                                                                             
                                                                                                                                
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    Delete "14"                                                                                                             
    Insert "15"                                                                                                             
                                                                                                                                
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    Delete "two to six"                                                                                                     
    Insert "four [TWO] to seven"                                                                                        
                                                                                                                                
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    Delete "five"                                                                                                           
    Insert "six"                                                                                                            
                                                                                                                                
Page 40, following line 5:                                                                                                      
    Insert a new bill section to read:                                                                                          
"* Sec. 64. 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, zero to                                                          
    two years; 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 years;                                                                                                        
             (3)  if the offense is a third felony conviction, three                                                        
    [TWO] to five years;                                                                                                        
                                                                                                                                

2019-05-08                     House Journal                      Page 0873
             (4)  if the offense is a first felony conviction, and the                                                          
    defendant violated AS 08.54.720(a)(15), one to two years."                                                                  
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 70, line 2:                                                                                                                
    Delete "sec. 93"                                                                                                            
    Insert "sec. 94"                                                                                                            
                                                                                                                                
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    Delete "sec. 75"                                                                                                            
    Insert "sec. 76"                                                                                                            
                                                                                                                                
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    Delete "sec. 76"                                                                                                            
    Insert "sec. 77"                                                                                                            
                                                                                                                                
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    Delete "sec. 77"                                                                                                            
    Insert "sec. 78"                                                                                                            
                                                                                                                                
Page 72, following line 28:                                                                                                     
    Insert a new paragraph to read:                                                                                             
         "(6)  AS 12.55.125(e), as amended by sec. 64 of this Act;"                                                             
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 72, line 29:                                                                                                               
    Delete "sec. 64"                                                                                                            
    Insert "sec. 65"                                                                                                            
                                                                                                                                
Page 72, line 30:                                                                                                               
    Delete "sec. 65"                                                                                                            
    Insert "sec. 66"                                                                                                            
                                                                                                                                
Page 72, line 31:                                                                                                               
    Delete "sec. 66"                                                                                                            
    Insert "sec. 67"                                                                                                            
                                                                                                                                
Page 73, line 1:                                                                                                                
    Delete "sec. 67"                                                                                                            
    Insert "sec. 68"                                                                                                            

2019-05-08                     House Journal                      Page 0874
Page 73, line 2:                                                                                                                
    Delete "sec. 68"                                                                                                            
    Insert "sec. 69"                                                                                                            
                                                                                                                                
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    Delete "sec. 69"                                                                                                            
    Insert "sec. 70"                                                                                                            
                                                                                                                                
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    Delete "sec. 70"                                                                                                            
    Insert "sec. 71"                                                                                                            
                                                                                                                                
Page 73, line 5:                                                                                                                
    Delete "sec. 82"                                                                                                            
    Insert "sec. 83"                                                                                                            
                                                                                                                                
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    Delete "sec. 83"                                                                                                            
    Insert "sec. 84"                                                                                                            
                                                                                                                                
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    Delete "sec. 93"                                                                                                            
    Insert "sec. 94"                                                                                                            
                                                                                                                                
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    Delete "sec. 71"                                                                                                            
    Insert "sec. 72"                                                                                                            
                                                                                                                                
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    Delete "sec. 72"                                                                                                            
    Insert "sec. 73                                                                                                             
                                                                                                                                
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    Delete "sec. 73"                                                                                                            
    Insert "sec. 74"                                                                                                            
                                                                                                                                
Page 73, line 13:                                                                                                               
    Delete "sec. 74"                                                                                                            
    Insert "sec. 75"                                                                                                            
                                                                                                                                
                                                                                                                                

2019-05-08                     House Journal                      Page 0875
Page 73, line 18:                                                                                                               
    Delete "sec. 78"                                                                                                            
    Insert "sec. 79"                                                                                                            
                                                                                                                                
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    Delete "sec. 79"                                                                                                            
    Insert "sec. 80"                                                                                                            
                                                                                                                                
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    Delete "sec. 80"                                                                                                            
    Insert "sec. 81"                                                                                                            
                                                                                                                                
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    Delete "sec. 81"                                                                                                            
    Insert "sec. 82"                                                                                                            
                                                                                                                                
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    Delete "sec. 85"                                                                                                            
    Insert "sec. 86"                                                                                                            
                                                                                                                                
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    Delete "sec. 86"                                                                                                            
    Insert "sec. 87"                                                                                                            
                                                                                                                                
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    Delete "sec. 87"                                                                                                            
    Insert "sec. 88"                                                                                                            
                                                                                                                                
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    Delete "sec. 88"                                                                                                            
    Insert "sec. 89"                                                                                                            
                                                                                                                                
Page 73, line 28:                                                                                                               
    Delete "sec. 89"                                                                                                            
    Insert "sec. 90"                                                                                                            
                                                                                                                                
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    Delete "sec. 90"                                                                                                            
    Insert "sec. 91"                                                                                                            
                                                                                                                                

2019-05-08                     House Journal                      Page 0876
Page 73, line 30:                                                                                                               
    Delete "sec. 91"                                                                                                            
    Insert "sec. 92"                                                                                                            
                                                                                                                                
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    Delete "sec. 92"                                                                                                            
    Insert "sec. 93"                                                                                                            
                                                                                                                                
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    Delete "sec. 84"                                                                                                            
    Insert "sec. 85"                                                                                                            
                                                                                                                                
Page 74, line 2:                                                                                                                
    Delete "sec. 84"                                                                                                            
    Insert "sec. 85"                                                                                                            
                                                                                                                                
Page 74, line 3:                                                                                                                
    Delete "sec. 84"                                                                                                            
    Insert "sec. 85"                                                                                                            
                                                                                                                                
Page 74, line 6:                                                                                                                
    Delete "Sections 99 - 101"                                                                                                  
    Insert "Sections 100 - 102"                                                                                                 
                                                                                                                                
Page 74, lines 6 - 7:                                                                                                           
    Delete "secs. 99 - 101"                                                                                                     
    Insert "secs. 100 - 102"                                                                                                    
                                                                                                                                
Page 74, line 9:                                                                                                                
    Delete "Section 105"                                                                                                        
    Insert "Section 106"                                                                                                        
                                                                                                                                
Page 74, line 10:                                                                                                               
    Delete "Sections 95 - 98"                                                                                                   
    Insert "Sections 96 - 99"                                                                                                   
                                                                                                                                
Page 74, line 11:                                                                                                               
    Delete "secs. 108 and 109"                                                                                                  
    Insert "secs. 109 and 110"                                                                                                  
                                                                                                                                

2019-05-08                     House Journal                      Page 0877
Representative Shaw moved and asked unanimous consent that                                                                      
Amendment No. 7 be adopted.                                                                                                     
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 49(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 7                                                                                                                 
                                                                                                                                
YEAS:  16   NAYS:  22   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Jackson, Johnson, Josephson, LeDoux,                                                                 
Merrick, Pruitt, Rasmussen, Rauscher, Revak, Shaw,                                                                              
Sullivan-Leonard, Talerico, Tilton, Vance                                                                                       
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Knopp, Kopp, Kreiss-Tomkins, LeBon, Lincoln,                                                                 
Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Wilson, Wool,                                                                  
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, Amendment No. 7 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 8 was offered by Representative Pruitt:                                                                           
                                                                                                                                
Page 44, line 15:                                                                                                               
 Delete "; or "                                                                                                             
 Insert "."                                                                                                                 
                                                                                                                                
Page 44, line 16:                                                                                                               
 Delete all material.                                                                                                           
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that                                                                    
Amendment No. 8 be adopted.                                                                                                     
                                                                                                                                
Representative Wilson objected and withdrew the objection. There                                                                
being no further objection, Amendment No. 8 was adopted.                                                                        
                                                                                                                                
                                                                                                                                

2019-05-08                     House Journal                      Page 0878
Representative Thompson moved and asked unanimous consent that                                                                  
Representative Neuman be excused from a call of the House today                                                                 
(amended from page 784).  There being no objection, it was so                                                                   
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 9 was offered by Representatives Wilson, Claman,                                                                  
and Kopp:                                                                                                                       
                                                                                                                                
Page 1, line 1, following "procedure;" (title amendment):                                                                     
    Insert "relating to pretrial services;"                                                                                   
                                                                                                                                
Page 2, line 18:                                                                                                                
    Delete "sec. 64"                                                                                                            
    Insert "sec. 63"                                                                                                            
                                                                                                                                
Page 2, line 19:                                                                                                                
    Delete "sec. 68"                                                                                                            
    Insert "sec. 67"                                                                                                            
                                                                                                                                
Page 2, line 22:                                                                                                                
    Delete "sec. 64"                                                                                                            
    Insert "sec. 63"                                                                                                            
                                                                                                                                
Page 2, line 28:                                                                                                                
    Delete "sec. 64"                                                                                                            
    Insert "sec. 63"                                                                                                            
                                                                                                                                
Page 3, line 10:                                                                                                                
    Delete "sec. 73"                                                                                                            
    Insert "sec. 72"                                                                                                            
                                                                                                                                
Page 3, line 15:                                                                                                                
    Delete "sec. 73"                                                                                                            
    Insert "sec. 72"                                                                                                            
                                                                                                                                
Page 3, line 19:                                                                                                                
    Delete "sec. 73"                                                                                                            
    Insert "sec. 72"                                                                                                            
                                                                                                                                
Page 30, lines 20 - 26:                                                                                                         
    Delete all material.                                                                                                        

2019-05-08                     House Journal                      Page 0879
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 32, lines 15 - 16:                                                                                                         
    Delete "administered by a private organization"                                                                             
                                                                                                                                
Page 32, line 18:                                                                                                               
    Delete "AS 33.05"                                                                                                           
    Insert "AS 33.07"                                                                                                           
                                                                                                                                
Page 32, following line 18:                                                                                                     
    Insert a new paragraph to read:                                                                                             
             "(19)  order the person to submit to supervision by a                                                              
    pretrial services officer under AS 33.07, which may include the                                                             
    use of electronic monitoring if determined necessary by the                                                                 
    commissioner of corrections;"                                                                                               
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 33, lines 12 - 13:                                                                                                         
    Delete "the commissioner of corrections"                                                                                    
    Insert "a pretrial services officer"                                                                                        
                                                                                                                                
Page 54, line 19:                                                                                                               
    Delete "new subsections"                                                                                                    
    Insert "a new subsection"                                                                                                   
                                                                                                                                
Page 54, line 27, through page 55, line 7:                                                                                      
    Delete all material.                                                                                                        
                                                                                                                                
Page 69, lines 26 - 27:                                                                                                         
    Delete "AS 33.07.010, 33.07.020, 33.07.030, 33.07.040,                                                                      
33.07.090;"                                                                                                                     
                                                                                                                                
Page 70, line 2:                                                                                                                
    Delete "sec. 93"                                                                                                            
    Insert "sec. 92"                                                                                                            
                                                                                                                                
Page 72, line 15:                                                                                                               
    Delete all material.                                                                                                        
                                                                                                                                

2019-05-08                     House Journal                      Page 0880
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 72, line 16:                                                                                                               
    Delete "sec. 54"                                                                                                            
    Insert "sec. 53"                                                                                                            
                                                                                                                                
Page 72, line 17:                                                                                                               
    Delete "sec. 55"                                                                                                            
    Insert "sec. 54"                                                                                                            
                                                                                                                                
Page 72, line 18:                                                                                                               
    Delete "sec. 56"                                                                                                            
    Insert "sec. 55"                                                                                                            
                                                                                                                                
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    Delete "sec. 75"                                                                                                            
    Insert "sec. 74"                                                                                                            
                                                                                                                                
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    Delete "sec. 76"                                                                                                            
    Insert "sec. 75"                                                                                                            
                                                                                                                                
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    Delete "sec. 77"                                                                                                            
    Insert "sec. 76"                                                                                                            
                                                                                                                                
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    Delete "sec. 57"                                                                                                            
    Insert "sec. 56"                                                                                                            
                                                                                                                                
Page 72, line 25:                                                                                                               
    Delete "sec. 58"                                                                                                            
    Insert "sec. 57"                                                                                                            
                                                                                                                                
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    Delete "sec. 59"                                                                                                            
    Insert "sec. 58"                                                                                                            
                                                                                                                                
                                                                                                                                

2019-05-08                     House Journal                      Page 0881
Page 72, line 27:                                                                                                               
    Delete "sec. 62"                                                                                                            
    Insert "sec. 61"                                                                                                            
                                                                                                                                
Page 72, line 28:                                                                                                               
    Delete "sec. 63"                                                                                                            
    Insert "sec. 62"                                                                                                            
                                                                                                                                
Page 72, line 29:                                                                                                               
    Delete "sec. 64"                                                                                                            
    Insert "sec. 63"                                                                                                            
                                                                                                                                
Page 72, line 30:                                                                                                               
    Delete "sec. 65"                                                                                                            
    Insert "sec. 64"                                                                                                            
                                                                                                                                
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    Delete "sec. 66"                                                                                                            
    Insert "sec. 65"                                                                                                            
                                                                                                                                
Page 73, line 1:                                                                                                                
    Delete "sec. 67"                                                                                                            
    Insert "sec. 66"                                                                                                            
                                                                                                                                
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    Delete "sec. 68"                                                                                                            
    Insert "sec. 67"                                                                                                            
                                                                                                                                
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    Delete "sec. 69"                                                                                                            
    Insert "sec. 68"                                                                                                            
                                                                                                                                
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    Delete "sec. 70"                                                                                                            
    Insert "sec. 69"                                                                                                            
                                                                                                                                
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    Delete "sec. 82"                                                                                                            
    Insert "sec. 81"                                                                                                            
                                                                                                                                

2019-05-08                     House Journal                      Page 0882
Page 73, line 6:                                                                                                                
    Delete "sec. 83"                                                                                                            
    Insert "sec. 82"                                                                                                            
                                                                                                                                
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    Delete "sec. 93"                                                                                                            
    Insert "sec. 92"                                                                                                            
                                                                                                                                
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    Insert "sec. 70"                                                                                                            
                                                                                                                                
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    Delete "sec. 72"                                                                                                            
    Insert "sec. 71"                                                                                                            
                                                                                                                                
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    Delete "sec. 73"                                                                                                            
    Insert "sec. 72"                                                                                                            
                                                                                                                                
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    Delete "sec. 74"                                                                                                            
    Insert "sec. 73"                                                                                                            
                                                                                                                                
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    Delete "sec. 60"                                                                                                            
    Insert "sec. 59"                                                                                                            
                                                                                                                                
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    Delete "sec. 61"                                                                                                            
    Insert "sec. 60"                                                                                                            
                                                                                                                                
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    Insert "sec. 77"                                                                                                            
                                                                                                                                
Page 73, line 19:                                                                                                               
    Delete "and (j)"                                                                                                            
    Delete "sec. 79"                                                                                                            
    Insert "sec. 78"                                                                                                            

2019-05-08                     House Journal                      Page 0883
Page 73, line 20:                                                                                                               
    Delete "sec. 80"                                                                                                            
    Insert "sec. 79"                                                                                                            
                                                                                                                                
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    Delete "sec. 81"                                                                                                            
    Insert "sec. 80"                                                                                                            
                                                                                                                                
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    Insert "sec. 84"                                                                                                            
                                                                                                                                
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    Insert "sec. 85"                                                                                                            
                                                                                                                                
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    Delete "sec. 87"                                                                                                            
    Insert "sec. 86"                                                                                                            
                                                                                                                                
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    Insert "sec. 87"                                                                                                            
                                                                                                                                
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    Insert "sec. 88"                                                                                                            
                                                                                                                                
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    Insert "sec. 89"                                                                                                            
                                                                                                                                
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    Insert "sec. 90"                                                                                                            
                                                                                                                                
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    Delete "sec. 92"                                                                                                            
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2019-05-08                     House Journal                      Page 0884
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Representative Wilson moved and asked unanimous consent that                                                                    
Amendment No. 9 be adopted.                                                                                                     
                                                                                                                                
Representative Pruitt objected and withdrew the objection.  There                                                               
being no further objection, Amendment No. 9 was adopted, and the                                                                
new title follows:                                                                                                              
                                                                                                                                
    CS FOR HOUSE BILL NO. 49(FIN) am                                                                                            
    "An Act relating to criminal law and procedure; relating to pretrial                                                        
    services; establishing the crime of possession of motor vehicle                                                             

2019-05-08                     House Journal                      Page 0885
    theft tools; relating to electronic monitoring; relating to controlled                                                      
    substances; relating to probation and parole; relating to                                                                   
    sentencing; amending the definitions of 'most serious felony,' 'sex                                                         
    offense,' and 'sex offender'; relating to registration of sex                                                               
    offenders; relating to operating under the influence; relating to                                                           
    refusal to submit to a chemical test; relating to the duties of the                                                         
    commissioner of corrections; relating to testing of sexual assault                                                          
    examination kits; relating to reports of involuntary commitment;                                                            
    amending Rules 6(r)(6) and 38.2, Alaska Rules of Criminal                                                                   
    Procedure; and providing for an effective date."                                                                            
                                                                                                                                
Amendment No. 1 was offered by Representative Eastman:                                                                          
                                                                                                                                
Page 44, lines 10 - 15:                                                                                                         
    Delete all material and insert:                                                                                             
             "(2)  90 days if the conviction is for a violation of                                                              
                  (A)  AS 11.61.116(c)(1) and the person is 21 years of                                                         
         age or older; or                                                                                                       
                  (B)  AS 11.61.120(a)(6) and the person is 21 years of                                                         
         age or older; or"                                                                                                      
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Josephson objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 49(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  24   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Jackson, Johnson, Merrick, Pruitt,                                                                   
Rasmussen, Rauscher, Revak, Shaw, Sullivan-Leonard, Talerico,                                                                   
Tilton, Vance                                                                                                                   
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
LeDoux, Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson,                                                               
Wilson, Wool, Zulkosky                                                                                                          
                                                                                                                                

2019-05-08                     House Journal                      Page 0886
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was not offered.                                                                                                
                                                                                                                                
Amendment No. 3 was offered by Representative Eastman:                                                                          
                                                                                                                                
Page 1, lines 2 - 3 (title amendment):                                                                                          
    Delete "establishing the crime of possession of motor vehicle                                                             
theft tools;"                                                                                                                 
                                                                                                                                
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2019-05-08                     House Journal                      Page 0887
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Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
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Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
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2019-05-08                     House Journal                      Page 0888
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2019-05-08                     House Journal                      Page 0889
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2019-05-08                     House Journal                      Page 0890
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2019-05-08                     House Journal                      Page 0891
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2019-05-08                     House Journal                      Page 0892
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2019-05-08                     House Journal                      Page 0893
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2019-05-08                     House Journal                      Page 0894
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Page 74, line 6:                                                                                                                
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    Insert "secs. 98 - 100"                                                                                                     
                                                                                                                                
Page 74, line 9:                                                                                                                
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    Insert "Section 104"                                                                                                        
                                                                                                                                
                                                                                                                                

2019-05-08                     House Journal                      Page 0895
Page 74, line 10:                                                                                                               
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    Insert "secs. 107 and 108"                                                                                                  
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 49(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Jackson, Johnson, Merrick, Pruitt,                                                                   
Rauscher, Revak, Shaw, Sullivan-Leonard, Talerico, Tilton, Vance                                                                
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
LeDoux, Lincoln, Ortiz, Rasmussen, Spohnholz, Story, Stutes, Tarr,                                                              
Thompson, Wilson, Wool, Zulkosky                                                                                                
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was offered by Representative Eastman:                                                                          
                                                                                                                                
Page 1, lines 1 - 10 (title amendment):                                                                                         
    Delete all material and insert:                                                                                             
    ""An Act relating to criminal law and procedure; relating to                                                              
controlled substances; relating to probation; relating to                                                                     
sentencing; amending Rule 6(r)(6), Alaska Rules of Criminal                                                                   
Procedure; and providing for an effective date.""                                                                             
                                                                                                                                

2019-05-08                     House Journal                      Page 0896
Page 1, line 12, through page 74, line 12:                                                                                      
    Delete all material and insert:                                                                                             
"* Section 1. AS 11.41.110(a) is amended to read:                                                                             
         (a)  A person commits the crime of murder in the second                                                                
    degree if                                                                                                                   
             (1)  with intent to cause serious physical injury to another                                                       
    person or knowing that the conduct is substantially certain to                                                              
    cause death or serious physical injury to another person, the                                                               
    person causes the death of any person;                                                                                      
             (2)  the person knowingly engages in conduct that results                                                          
    in the death of another person under circumstances manifesting an                                                           
    extreme indifference to the value of human life;                                                                            
             (3)  under circumstances not amounting to murder in the                                                            
    first degree under AS 11.41.100(a)(3), while acting either alone or                                                         
    with one or more persons, the person commits or attempts to                                                                 
    commit arson in the first degree, kidnapping, sexual assault in the                                                         
    first degree, sexual assault in the second degree, sexual abuse of a                                                        
    minor in the first degree, sexual abuse of a minor in the second                                                            
    degree, burglary in the first degree, escape in the first or second                                                         
    degree, robbery in any degree, or misconduct involving a                                                                    
    controlled substance under AS 11.71.010(a), 11.71.021(a),                                                               
    11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or                                                         
    11.71.040(a)(1) or (2) and, in the course of or in furtherance of                                                           
    that crime or in immediate flight from that crime, any person                                                               
    causes the death of a person other than one of the participants;                                                           
             (4)  acting with a criminal street gang, the person                                                                
    commits or attempts to commit a crime that is a felony and, in the                                                          
    course of or in furtherance of that crime or in immediate flight                                                            
    from that crime, any person causes the death of a person other                                                              
    than one of the participants; or                                                                                            
             (5)  the person with criminal negligence causes the death                                                          
    of a child under the age of 16, and the person has been previously                                                          
    convicted of a crime involving a child under the age of 16 that was                                                         
                  (A)  a felony violation of AS 11.41;                                                                         
                  (B)  in violation of a law or ordinance in another                                                            
         jurisdiction with elements similar to a felony under AS 11.41;                                                         
         or                                                                                                                     
                  (C)  an attempt, a solicitation, or a conspiracy to                                                           
         commit a crime listed in (A) or (B) of this paragraph.                                                                
   * Sec. 2. AS 11.41.150(a) is amended to read:                                                                              

2019-05-08                     House Journal                      Page 0897
         (a)  A person commits the crime of murder of an unborn child                                                           
    if the person                                                                                                               
             (1)  with intent to cause the death of an unborn child or of                                                       
    another person, causes the death of an unborn child;                                                                        
             (2)  with intent to cause serious physical injury to an                                                            
    unborn child or to another person or knowing that the conduct is                                                            
    substantially certain to cause death or serious physical injury to an                                                       
    unborn child or to another person, causes the death of an unborn                                                            
    child;                                                                                                                      
             (3)  while acting alone or with one or more persons,                                                               
    commits or attempts to commit arson in the first degree,                                                                    
    kidnapping, sexual assault in the first degree, sexual assault in the                                                       
    second degree, sexual abuse of a minor in the first degree, sexual                                                          
    abuse of a minor in the second degree, burglary in the first degree,                                                        
    escape in the first or second degree, robbery in any degree, or                                                             
    misconduct involving a controlled substance under                                                                           
    AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9)                                                                   
    [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and,                                                       
    in the course of or in furtherance of that crime or in immediate                                                            
    flight from that crime, any person causes the death of an unborn                                                            
    child;                                                                                                                      
             (4)  knowingly engages in conduct that results in the                                                              
    death of an unborn child under circumstances manifesting an                                                                 
    extreme indifference to the value of human life; for purposes of                                                            
    this paragraph, a pregnant woman's decision to remain in a                                                                  
    relationship in which domestic violence, as defined in                                                                      
    AS 18.66.990, has occurred does not constitute conduct                                                                      
     manifesting an extreme indifference to the value of human life.                                                           
   * Sec. 3. AS 11.46.130(a) is amended to read:                                                                              
         (a)  A person commits the crime of theft in the second degree                                                          
    if the person commits theft as defined in AS 11.46.100 and                                                                  
             (1)  the value of the property or services [, ADJUSTED                                                             
    FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or                                                                      
    more but less than $25,000;                                                                                                 
             (2)  the property is a firearm or explosive;                                                                       
             (3)  the property is taken from the person of another;                                                             
             (4)  the property is taken from a vessel and is vessel                                                             
    safety or survival equipment;                                                                                               
             (5)  the property is taken from an aircraft and the property                                                       
    is aircraft safety or survival equipment;                                                                                   

2019-05-08                     House Journal                      Page 0898
             (6)  the value of the property [, ADJUSTED FOR                                                                     
    INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more                                                                     
    but less than $750 and, within the preceding five years, the person                                                         
    has been convicted and sentenced on two or more separate                                                                    
    occasions in this or another jurisdiction of                                                                                
                  (A)  an offense under AS 11.46.120, or an offense                                                             
          under another law or ordinance with similar elements;                                                                
                  (B)  a crime set out in this subsection or an offense                                                         
          under another law or ordinance with similar elements;                                                                
                  (C)  an offense under AS 11.46.140(a)(1), or an                                                               
         offense under another law or ordinance with similar elements;                                                          
         or                                                                                                                     
                  (D)  an offense under AS 11.46.220(c)(1) or                                                                   
         (c)(2)(A), or an offense under another law or ordinance with                                                           
         similar elements; or                                                                                                   
             (7)  the property is an access device.                                                                             
   * Sec. 4. AS 11.46.140(a) is amended to read:                                                                              
         (a)  A person commits the crime of theft in the third degree if                                                        
    the person commits theft as defined in AS 11.46.100 and                                                                     
             (1)  the value of the property or services [, ADJUSTED                                                             
    FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or                                                                      
    more but less than $750; or                                                                                                 
             (2)  [REPEALED]                                                                                                    
             (3)  [REPEALED]                                                                                                    
             (4)  the value of the property is less than $250 and, within                                                       
    the preceding five years, the person has been convicted and                                                                 
    sentenced on three or more separate occasions in this or another                                                            
    jurisdiction of theft or concealment of merchandise, or an offense                                                          
    under another law or ordinance with similar elements.                                                                       
   * Sec. 5. 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.                                                                                                                       
   * Sec. 6. AS 11.46.220(c) is amended to read:                                                                              
         (c)  Concealment of merchandise is                                                                                     
             (1)  a class C felony if                                                                                           
                  (A)  the merchandise is a firearm;                                                                            
                  (B)  the value of the merchandise [, ADJUSTED                                                                 

2019-05-08                     House Journal                      Page 0899
         FOR INFLATION AS PROVIDED IN AS 11.46.982,] is                                                                         
         $750 or more; or                                                                                                       
                  (C)  the value of the merchandise [, ADJUSTED                                                                 
         FOR INFLATION AS PROVIDED IN AS 11.46.982,] is                                                                         
         $250 or more but less than $750 and, within the preceding                                                              
         five years, the person has been convicted and sentenced on                                                             
         two or more separate occasions in this or another jurisdiction                                                         
         of                                                                                                                     
                      (i)  the offense of concealment of merchandise                                                            
             under this paragraph or (2)(A) of this subsection, or an                                                           
             offense under another law or ordinance with similar                                                                
             elements; or                                                                                                       
                      (ii)  an offense under AS 11.46.120, 11.46.130,                                                           
             or 11.46.140(a)(1), or an offense under another law or                                                             
             ordinance with similar elements;                                                                                   
             (2)  a class A misdemeanor if                                                                                      
                  (A)  the value of the merchandise [, ADJUSTED                                                                 
         FOR INFLATION AS PROVIDED IN AS 11.46.982,] is                                                                         
         $250 or more but less than $750; or                                                                                    
                  (B)  [REPEALED]                                                                                               
                  (C)  the value of the merchandise is less than $250                                                           
         and, within the preceding five years, the person has been                                                              
         convicted and sentenced on three or more separate occasions                                                            
         of the offense of concealment of merchandise or theft in any                                                           
         degree, or an offense under another law or ordinance with                                                              
         similar elements;                                                                                                      
             (3)  a class B misdemeanor if the value of the                                                                     
    merchandise [, ADJUSTED FOR INFLATION AS PROVIDED                                                                           
    IN AS 11.46.982,] is less than $250.                                                                                        
   * Sec. 7. AS 11.46.260(b) is amended to read:                                                                              
         (b)  Removal of identification marks is                                                                                
             (1)  a class C felony if the value of the property on which                                                        
    the serial number or identification mark appeared [, ADJUSTED                                                               
    FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or                                                                      
    more;                                                                                                                       
             (2)  a class A misdemeanor if the value of the property on                                                         
    which the serial number or identification mark appeared [,                                                                  
    ADJUSTED FOR INFLATION AS PROVIDED IN                                                                                       
    AS 11.46.982,] is $250 or more but less than $750;                                                                          
             (3)  a class B misdemeanor if the value of the property on                                                         

2019-05-08                     House Journal                      Page 0900
    which the serial number or identification mark appeared [,                                                                  
    ADJUSTED FOR INFLATION AS PROVIDED IN                                                                                       
    AS 11.46.982,] is less than $250.                                                                                           
   * Sec. 8. AS 11.46.270(b) is amended to read:                                                                              
         (b)  Unlawful possession is                                                                                            
             (1)  a class C felony if the value of the property on which                                                        
    the serial number or identification mark appeared [, ADJUSTED                                                               
    FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or                                                                      
    more;                                                                                                                       
             (2)  a class A misdemeanor if the value of the property on                                                         
    which the serial number or identification mark appeared [,                                                                  
    ADJUSTED FOR INFLATION AS PROVIDED IN                                                                                       
    AS 11.46.982,] is $250 or more but less than $750;                                                                          
             (3)  a class B misdemeanor if the value of the property on                                                         
    which the serial number or identification mark appeared [,                                                                  
    ADJUSTED FOR INFLATION AS PROVIDED IN                                                                                       
    AS 11.46.982,] is less than $250.                                                                                           
   * Sec. 9. AS 11.46.280(d) is amended to read:                                                                              
         (d)  Issuing a bad check is                                                                                            
             (1)  a class B felony if the face amount of the check is                                                           
    $25,000 or more;                                                                                                            
             (2)  a class C felony if the face amount of the check [,                                                           
    ADJUSTED FOR INFLATION AS PROVIDED IN                                                                                       
    AS 11.46.982,] is $750 or more but less than $25,000;                                                                       
             (3)  a class A misdemeanor if the face amount of the                                                               
    check [, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                              
    AS 11.46.982,] is $250 or more but less than $750;                                                                          
             (4)  a class B misdemeanor if the face amount of the                                                               
    check [, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                              
    AS 11.46.982,] is less than $250.                                                                                           
   * Sec. 10. AS 11.46.285(b) is amended to read:                                                                             
         (b)  Fraudulent use of an access device is                                                                             
             (1)  a class B felony if the value of the property or                                                              
    services obtained is $25,000 or more;                                                                                       
             (2)  a class C felony if the value of the property or                                                              
    services obtained [, ADJUSTED FOR INFLATION AS                                                                              
    PROVIDED IN AS 11.46.982,] is $750 or more but less than                                                                    
    $25,000;                                                                                                                    
             (3)  a class A misdemeanor if the value of the property or                                                         
    services obtained [, ADJUSTED FOR INFLATION AS                                                                              

2019-05-08                     House Journal                      Page 0901
    PROVIDED IN AS 11.46.982,] is less than $750.                                                                               
   * Sec. 11. AS 11.46.295 is amended to read:                                                                                
         Sec. 11.46.295. Prior convictions. For purposes of                                                                   
    considering prior convictions in prosecuting a crime of theft under                                                         
    AS 11.46.130(a)(6) or 11.46.140(a)(4) or in prosecuting the crime                                                       
    of concealment of merchandise under AS 11.46.220(c),                                                                        
             (1)  a conviction for an offense under another law or                                                              
    ordinance with similar elements is a conviction of an offense                                                               
    having elements similar to those of an offense defined as such                                                              
    under Alaska law at the time the offense was committed;                                                                     
             (2)  a conviction for an offense under Alaska law where                                                            
    the value of the property or services for the offense was lower                                                             
    than the value of property or services for the offense under current                                                        
    Alaska law is a prior conviction for that offense; and                                                                      
             (3)  the court shall consider the date of a prior conviction                                                       
    as occurring on the date that sentence is imposed for the prior                                                             
    offense.                                                                                                                    
   * Sec. 12. AS 11.46.360(a) is amended to read:                                                                             
         (a)  A person commits the crime of vehicle theft in the first                                                          
    degree if, having no right to do so or any reasonable ground to                                                             
    believe the person has such a right, the person drives, tows away,                                                          
    or takes                                                                                                                    
             (1)  the car, truck, motorcycle, motor home, bus, aircraft,                                                        
    or watercraft of another;                                                                                                   
             (2)  the propelled vehicle of another and                                                                          
                  (A)  the vehicle or any other property of another is                                                          
         damaged in a total amount [, ADJUSTED FOR INFLATION                                                                    
             AS PROVIDED IN AS 11.46.982,] of $750 or more;                                                                    
                  (B)  the owner incurs reasonable expenses as a result                                                         
         of the loss of use of the vehicle, in a total amount [,                                                                
         ADJUSTED FOR INFLATION AS PROVIDED IN                                                                                  
         AS 11.46.982,] of $750 or more; or                                                                                     
                  (C)  the owner is deprived of the use of the vehicle                                                          
         for seven days or more;                                                                                                
             (3)  the propelled vehicle of another and the vehicle is                                                           
    marked as a police or emergency vehicle; or                                                                                 
             (4)  the propelled vehicle of another and, within the                                                              
    preceding seven years, the person was convicted under                                                                       
                  (A)  this section or AS 11.46.365;                                                                            
                 (B)  former AS 11.46.482(a)(4) or (5);                                                                        

2019-05-08                     House Journal                      Page 0902
                  (C)  former AS 11.46.484(a)(2);                                                                               
                  (D)  AS 11.46.120 - 11.46.140 of an offense                                                                   
         involving the theft of a propelled vehicle; or                                                                         
                  (E)  a law or ordinance of this or another jurisdiction                                                       
         with elements substantially similar to those of an offense                                                             
         described in (A) - (D) of this paragraph.                                                                              
   * Sec. 13. AS 11.46.482(a) is amended to read:                                                                             
         (a)  A person commits the crime of criminal mischief in the                                                            
    third degree if, having no right to do so or any reasonable ground                                                          
    to believe the person has such a right,                                                                                     
             (1)  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,] of $750 or                                                                          
    more;                                                                                                                       
             (2)  the person recklessly creates a risk of damage in an                                                          
    amount exceeding $100,000 to property of another by the use of                                                              
    widely dangerous means; or                                                                                                  
             (3)  the person knowingly                                                                                          
                  (A)  defaces, damages, or desecrates a cemetery or                                                            
         the contents of a cemetery or a tomb, grave, or memorial                                                               
         regardless of whether the tomb, grave, or memorial is in a                                                             
         cemetery or whether the cemetery, tomb, grave, or memorial                                                             
         appears to be abandoned, lost, or neglected;                                                                           
                  (B)  removes human remains or associated burial                                                               
         artifacts from a cemetery, tomb, grave, or memorial regardless                                                         
         of whether the cemetery, tomb, grave, or memorial appears to                                                           
         be abandoned, lost, or neglected.                                                                                      
   * Sec. 14. AS 11.46.484(a) is amended to read:                                                                             
         (a)  A person commits the crime of criminal mischief in the                                                            
    fourth degree if, having no right to do so or any reasonable ground                                                         
    to believe the person has such a right,                                                                                     
             (1)  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,] of $250 or more                                                                     
    but less than $750;                                                                                                         
             (2)  the person tampers with a fire protection device in a                                                         
    building that is a public place;                                                                                            
             (3)  the person knowingly accesses a computer, computer                                                            
    system, computer program, computer network, or part of a                                                                    
    computer system or network;                                                                                                 

2019-05-08                     House Journal                      Page 0903
             (4)  the person uses a device to descramble an electronic                                                          
    signal that has been scrambled to prevent unauthorized receipt or                                                           
    viewing of the signal unless the device is used only to descramble                                                          
    signals received directly from a satellite or unless the person                                                             
    owned the device before September 18, 1984; or                                                                              
             (5)  the person knowingly removes, relocates, defaces,                                                             
    alters, obscures, shoots at, destroys, or otherwise tampers with an                                                         
    official traffic control device or damages the work on a highway                                                            
    under construction.                                                                                                         
   * Sec. 15. 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 it has been stolen or                                                         
    that it is being used in violation of AS 11.46.360 or                                                                       
    11.46.365(a)(1).                                                                                                            
   * Sec. 16. AS 11.46.530(b) is amended to read:                                                                             
         (b)  Criminal simulation is                                                                                            
             (1)  a class C felony if the value of what the object                                                              
    purports to represent [, ADJUSTED FOR INFLATION AS                                                                          
    PROVIDED IN AS 11.46.982,] is $750 or more;                                                                                 
             (2)  a class A misdemeanor if the value of what the object                                                         
    purports to represent [, ADJUSTED FOR INFLATION AS                                                                          
    PROVIDED IN AS 11.46.982,] is $250 or more but less than                                                                    
    $750;                                                                                                                       
             (3)  a class B misdemeanor if the value of what the object                                                         
    purports to represent [, ADJUSTED FOR INFLATION AS                                                                          
    PROVIDED IN AS 11.46.982,] is less than $250.                                                                               
   * Sec. 17. AS 11.46.620(d) is amended to read:                                                                             
         (d)  Misapplication of property is                                                                                     
             (1)  a class C felony if the value of the property                                                                 
    misapplied [, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                         

2019-05-08                     House Journal                      Page 0904
    AS 11.46.982,] is $750 or more;                                                                                             
             (2)  a class A misdemeanor if the value of the property                                                            
    misapplied [, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                         
    AS 11.46.982,] is less than $750.                                                                                           
   * Sec. 18. AS 11.46.730(c) is amended to read:                                                                             
         (c)  Defrauding creditors is a class A misdemeanor unless that                                                         
    secured party, judgment creditor, or creditor incurs a pecuniary                                                            
    loss [, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                               
    AS 11.46.982,] of $750 or more as a result of the defendant's                                                               
    conduct, in which case defrauding secured creditors is                                                                      
             (1)  a class B felony if the loss is $25,000 or more;                                                              
             (2)  a class C felony if the loss [, ADJUSTED FOR                                                                  
    INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more                                                                     
    but less than $25,000.                                                                                                      
   * Sec. 19. AS 11.56.310(a) is amended to read:                                                                             
         (a)  One commits the crime of escape in the second degree if,                                                          
    without lawful authority, one                                                                                               
             (1)  removes oneself from                                                                                          
                  (A)  a secure correctional facility while under official                                                      
         detention for a misdemeanor;                                                                                           
                  (B)  official detention for a felony or for extradition;                                                      
         or                                                                                                                     
                  (C)  official detention and, during the escape or at                                                          
         any time before being restored to official detention, one                                                              
         possesses on or about oneself a firearm;                                                                               
             (2)  violates AS 11.56.335 or 11.56.340 and, during the                                                            
    time of the unlawful evasion or at any time before being restored                                                           
    to official detention, one possesses on or about oneself a firearm;                                                         
    or                                                                                                                          
             (3)  while under official detention for a felony,                                                              
                  (A)  removes, tampers with, or disables the electronic                                                    
         monitoring equipment; [,] or                                                                                       
                  (B)  without prior authorization, leaves one's                                                            
         residence or other place designated by the commissioner of                                                             
         corrections or the commissioner of health and social                                                               
         services for [THE] service by electronic monitoring [OF                                                            
         OFFICIAL DETENTION FOR A FELONY].                                                                                      
   * Sec. 20. AS 11.56.320(a) is amended to read:                                                                             
         (a)  One commits the crime of escape in the third degree if                                                            
    one                                                                                                                         

2019-05-08                     House Journal                      Page 0905
             (1)  removes oneself from official detention during any                                                            
    lawful movement or activity incident to confinement within a                                                                
    correctional facility for a misdemeanor; [OR]                                                                               
             (2)  violates AS 11.56.335 or 11.56.340 and leaves or                                                              
    attempts to leave the state;                                                                                            
             (3)  while under official detention for a misdemeanor,                                                         
                  (A)  removes, tampers with, or disables the                                                               
         electronic monitoring equipment; or                                                                                
                  (B)  without prior authorization, leaves one's                                                            
         residence or other place designated by the commissioner                                                            
         of corrections or the commissioner of health and social                                                            
         services for service by electronic monitoring; or                                                                  
             (4)  while on release under AS 12.30,                                                                          
                  (A)  removes, tampers with, or disables the                                                               
         electronic monitoring equipment; or                                                                                
                  (B)  without prior authorization, leaves one's                                                            
         residence or other place designated by a judicial officer as                                                       
         a condition of release.                                                                                            
   * Sec. 21. AS 11.56.730(a) is amended to read:                                                                             
         (a)  A person commits the crime [OFFENSE] of failure to                                                            
    appear if the person                                                                                                        
             (1)  is released under the provisions of AS 12.30;                                                                 
             (2)  knows that the person is required to appear before a                                                          
    court or judicial officer at the time and place of a scheduled                                                              
    hearing; and                                                                                                                
             (3)  with criminal negligence does not appear before the                                                           
    court or judicial officer at the time and place of the scheduled                                                            
    hearing.                                                                                                                    
   * Sec. 22. AS 11.56.730(d) is amended to read:                                                                             
         (d)  Failure to appear is a                                                                                            
             (1)  class C felony if the person was released in                                                                  
    connection with a charge of a felony or while awaiting sentence or                                                          
    appeal after conviction of a felony [AND THE PERSON                                                                         
                  (A)  DOES NOT MAKE CONTACT WITH THE                                                                           
         COURT OR A JUDICIAL OFFICER WITHIN 30 DAYS                                                                             
         AFTER THE PERSON DOES NOT APPEAR AT THE                                                                                
         TIME AND PLACE OF A SCHEDULED HEARING; OR                                                                              
                  (B)  DOES NOT APPEAR AT THE TIME AND                                                                          
         PLACE OF A SCHEDULED HEARING TO AVOID                                                                                  
         PROSECUTION];                                                                                                          

2019-05-08                     House Journal                      Page 0906
             (2)  class A misdemeanor if the person was released in                                                             
    connection with a                                                                                                           
                  (A)  charge of a misdemeanor, while awaiting                                                              
         sentence or appeal after conviction of a misdemeanor; or                                                           
                  (B)  [, OR IN CONNECTION WITH A] requirement                                                              
         to appear as a material witness in a criminal proceeding [,                                                            
         AND THE PERSON                                                                                                         
                  (A)  DOES NOT MAKE CONTACT WITH THE                                                                           
         COURT OR A JUDICIAL OFFICER WITHIN 30 DAYS                                                                             
         AFTER THE PERSON DOES NOT APPEAR AT THE                                                                                
         TIME AND PLACE OF A SCHEDULED HEARING; OR                                                                              
                  (B)  DOES NOT APPEAR AT THE TIME AND                                                                          
         PLACE OF A SCHEDULED HEARING TO AVOID                                                                                  
         PROSECUTION; OR                                                                                                        
             (3)  VIOLATION PUNISHABLE BY A FINE OF UP                                                                          
    TO $1,000].                                                                                                                 
   * Sec. 23. AS 11.56.757(b) is amended to read:                                                                             
         (b)  Violation of condition of release is a                                                                            
             (1)  class A misdemeanor if the person is released from                                                        
    a charge or conviction of a felony;                                                                                     
             (2)  class B misdemeanor if the person is released from                                                    
    a charge or conviction of a misdemeanor.                                                                                
   * Sec. 24. AS 11.56.760(a) is amended to read:                                                                             
         (a)  A person commits the crime of violating an order to                                                               
    submit to DNA testing if, when requested by a health care                                                                   
    professional acting on behalf of the state to provide a blood                                                               
    sample, oral sample, or both, or when requested by a juvenile or                                                            
    adult correctional, probation, or parole officer or a peace officer to                                                      
    provide an oral sample, the person refuses to provide the sample                                                            
    or samples and the person                                                                                                   
             (1)  has been ordered to submit to DNA testing as part of                                                          
    a sentence imposed under AS 12.55.015;                                                                                      
             (2)  has been convicted of an offense that requires DNA                                                            
    testing under the provisions of AS 44.41.035(b)(1) and (2);                                                             
    [AS 44.41.035; OR]                                                                                                          
             (3)  is required to register as a sex offender or child                                                            
    kidnapper under AS 12.63; or                                                                                            
             (4)  has been arrested for an offense that requires                                                            
    DNA testing under the provisions of AS 44.41.035(b)(6).                                                                 
   * Sec. 25. AS 11.56.760(c) is amended to read:                                                                             

2019-05-08                     House Journal                      Page 0907
         (c)  Violating an order to submit to DNA testing under                                                            
             (1)  (a)(1) - (3) of this section is a class C felony;.                                                    
             (2)  (a)(4) of this section is a class A misdemeanor.                                                          
   * Sec. 26. AS 11.56.810(a) is amended to read:                                                                             
         (a)  A person commits the crime of terroristic threatening in                                                          
    the second degree if the person communicates a threat                                                                   
    [KNOWINGLY MAKES A FALSE REPORT THAT A                                                                                      
    CIRCUMSTANCE]                                                                                                               
             (1)  to commit a crime against a person or property                                                            
    with reckless disregard of the risk of [DANGEROUS TO                                                                    
    HUMAN LIFE EXISTS OR IS ABOUT TO EXIST AND]                                                                                 
                  (A)  placing a person [IS PLACED] in reasonable                                                           
         fear of serious physical injury to a [ANY] person;                                                             
                  (B)  causing the [CAUSES] evacuation of a building,                                                       
         public place or area, business premises, or mode of public                                                             
         transportation;                                                                                                        
                  (C)  causing a [CAUSES] serious public                                                                    
         inconvenience; or                                                                                                      
                  (D)  placing the public or a substantial group of                                                         
         the public in fear of serious physical injury [THE REPORT                                                          
         CLAIMS THAT A BACTERIOLOGICAL, BIOLOGICAL,                                                                             
         CHEMICAL, OR RADIOLOGICAL SUBSTANCE THAT                                                                               
         IS CAPABLE OF CAUSING SERIOUS PHYSICAL                                                                                 
         INJURY HAS BEEN SENT OR IS PRESENT IN A                                                                                
         BUILDING, PUBLIC PLACE OR AREA, BUSINESS                                                                               
         PREMISES, OR MODE OF PUBLIC TRANSPORTATION];                                                                           
         or                                                                                                                     
             (2)  that a circumstance exists or is about to exist that is                                                   
    dangerous to the proper or safe functioning of an oil or gas                                                                
    pipeline or supporting facility, utility, or transportation or cargo                                                        
    facility; in this paragraph, "oil or gas pipeline or supporting                                                             
    facility" and "utility" have the meanings given in AS 11.46.495.                                                           
   * Sec. 27. AS 11.61.110(c) is amended to read:                                                                             
         (c)  Disorderly conduct is a class B misdemeanor and is                                                            
    punishable as authorized in AS 12.55 except that a sentence of                                                          
    imprisonment, if imposed, shall be for a definite term of not                                                           
    more than 10 days.                                                                                                      
   * Sec. 28. AS 11.71 is amended by adding a new section to read:                                                            
         Sec. 11.71.021. Misconduct involving a controlled                                                                    
    substance in the second degree. (a) Except as authorized in                                                               

2019-05-08                     House Journal                      Page 0908
    AS 17.30, a person commits the crime of misconduct involving a                                                              
    controlled substance in the second degree if the person                                                                     
             (1)  manufactures or delivers any amount of a schedule                                                             
    IA controlled substance or possesses any amount of a schedule IA                                                            
    controlled substance with intent to manufacture or deliver;                                                                 
             (2)  manufactures any material, compound, mixture, or                                                              
    preparation that contains                                                                                                   
                  (A)  methamphetamine, or its salts, isomers, or salts                                                         
         of isomers; or                                                                                                         
                  (B)  an immediate precursor of methamphetamine, or                                                            
         its salts, isomers, or salts of isomers;                                                                               
             (3)  possesses an immediate precursor of                                                                           
    methamphetamine, or the salts, isomers, or salts of isomers of the                                                          
    immediate precursor of methamphetamine, with the intent to                                                                  
    manufacture any material, compound, mixture, or preparation that                                                            
    contains methamphetamine, or its salts, isomers, or salts of                                                                
    isomers;                                                                                                                    
             (4)  possesses a listed chemical with intent to manufacture                                                        
      any material, compound, mixture, or preparation that contains                                                            
                  (A)  methamphetamine, or its salts, isomers, or salts                                                         
         of isomers; or                                                                                                         
                  (B)  an immediate precursor of methamphetamine, or                                                            
         its salts, isomers, or salts of isomers;                                                                               
             (5)  possesses methamphetamine in an organic solution                                                              
    with intent to extract from it methamphetamine or its salts,                                                                
    isomers, or salts of isomers; or                                                                                            
             (6)  under circumstances not proscribed under                                                                      
    AS 11.71.010(a)(2), delivers                                                                                                
                  (A)  an immediate precursor of methamphetamine, or                                                            
         the salts, isomers, or salts of isomers of the immediate                                                               
         precursor of methamphetamine, to another person with                                                                   
         reckless disregard that the precursor will be used to                                                                  
         manufacture any material, compound, mixture, or preparation                                                            
         that contains methamphetamine, or its salts, isomers, or salts                                                         
         of isomers; or                                                                                                         
                  (B)  a listed chemical to another person with reckless                                                        
         disregard that the listed chemical will be used to manufacture                                                         
         any material, compound, mixture, or preparation that contains                                                          
                      (i)  methamphetamine, or its salts, isomers, or                                                           
             salts of isomers;                                                                                                  

2019-05-08                     House Journal                      Page 0909
                      (ii)  an immediate precursor of                                                                           
             methamphetamine, or its salts, isomers, or salts of                                                                
             isomers; or                                                                                                        
                      (iii)  methamphetamine or its salts, isomers, or                                                          
             salts of isomers in an organic solution.                                                                           
         (b)  In a prosecution under (a) of this section, possession of                                                         
    more than six grams of the listed chemicals ephedrine,                                                                      
    pseudoephedrine, phenylpropanolamine, or the salts, isomers, or                                                             
    salts of isomers of those chemicals is prima facie evidence that the                                                        
    person intended to use the listed chemicals to manufacture, to aid                                                          
    or abet another person to manufacture, or to deliver to another                                                             
    person who intends to manufacture methamphetamine, its                                                                      
    immediate precursors, or the salts, isomers, or salts of isomers of                                                         
    methamphetamine or its immediate precursors. The prima facie                                                                
    evidence described in this subsection does not apply to a person                                                            
    who possesses                                                                                                               
             (1)  the listed chemicals ephedrine, pseudoephedrine,                                                              
    phenylpropanolamine, or the salts, isomers, or salts of isomers of                                                          
    those chemicals                                                                                                             
                  (A)  and the listed chemical was dispensed to the                                                             
         person under a valid prescription; or                                                                                  
                  (B)  in the ordinary course of a legitimate business, or                                                      
         an employee of a legitimate business, as a                                                                             
                    (i)  retailer or as a wholesaler;                                                                          
                      (ii)  wholesale drug distributor licensed by the                                                          
             Board of Pharmacy;                                                                                                 
                      (iii)  manufacturer of drug products licensed by                                                          
             the Board of Pharmacy;                                                                                             
                      (iv)  pharmacist licensed by the Board of                                                                 
             Pharmacy; or                                                                                                       
                      (v)  health care professional licensed by the state;                                                      
             or                                                                                                                 
             (2)  less than 24 grams of ephedrine, pseudoephedrine,                                                             
    phenylpropanolamine, or the salts, isomers, or salts of isomers of                                                          
    those chemicals, kept in a locked storage area on the premises of a                                                         
    legitimate business or nonprofit organization operating a camp,                                                             
    lodge, school, day care center, treatment center, or other organized                                                        
    group activity, and the location or nature of the activity, or the age                                                      
    of the participants, makes it impractical for the participants in the                                                       
    activity to obtain medicinal products.                                                                                      

2019-05-08                     House Journal                      Page 0910
         (c)  In this section, "listed chemical" means a chemical                                                               
    described under AS 11.71.200.                                                                                               
         (d)  Misconduct involving a controlled substance in the                                                                
    second degree is a class A felony.                                                                                          
   * Sec. 29. AS 11.71.030(a) is amended to read:                                                                             
         (a)  Except as authorized in AS 17.30, a person commits the                                                            
    crime of misconduct involving a controlled substance in the third                                                       
    [SECOND] degree if the person                                                                                               
             (1)  manufactures or delivers, or possesses with intent to                                                         
    manufacture or deliver,                                                                                                     
                  (A)  one or more preparations, compounds, mixtures,                                                           
         or substances of an aggregate weight of one gram or more                                                               
         containing a schedule IA controlled substance;                                                                         
                  (B)  25 or more tablets, ampules, or syrettes                                                                 
         containing a schedule IA controlled substance;                                                                         
                  (C)  one or more preparations, compounds, mixtures,                                                           
         or substances of an aggregate weight of 2.5 grams or more                                                              
         containing a schedule IIA or IIIA controlled substance; or                                                             
                  (D)  50 or more tablets, ampules, or syrettes                                                                 
         containing a schedule IIA or IIIA controlled substance;                                                               
             (2)  delivers any amount of a schedule IVA, VA, or VIA                                                             
    controlled substance to a person under 19 years of age who is at                                                            
    least three years younger than the person delivering the substance;                                                         
             (3)  possesses any amount of a schedule IA or IIA                                                                  
    controlled substance                                                                                                        
                  (A)  with reckless disregard that the possession                                                              
         occurs                                                                                                                 
                      (i)  on or within 500 feet of school grounds; or                                                          
                      (ii)  at or within 500 feet of a recreation or youth                                                      
             center; or                                                                                                         
                  (B)  on a school bus;                                                                                         
             (4)  manufactures any material, compound, mixture, or                                                              
    preparation that contains                                                                                                   
                  (A)  methamphetamine, or its salts, isomers, or salts                                                         
         of isomers; or                                                                                                         
                  (B)  an immediate precursor of methamphetamine, or                                                            
         its salts, isomers, or salts of isomers;                                                                               
             (5)  possesses an immediate precursor of                                                                           
    methamphetamine, or the salts, isomers, or salts of isomers of the                                                          
    immediate precursor of methamphetamine, with the intent to                                                                  

2019-05-08                     House Journal                      Page 0911
    manufacture any material, compound, mixture, or preparation that                                                            
    contains methamphetamine, or its salts, isomers, or salts of                                                                
    isomers;                                                                                                                    
             (6)  possesses a listed chemical with intent to manufacture                                                        
      any material, compound, mixture, or preparation that contains                                                            
                  (A)  methamphetamine, or its salts, isomers, or salts                                                         
         of isomers; or                                                                                                         
                  (B)  an immediate precursor of methamphetamine, or                                                            
         its salts, isomers, or salts of isomers;                                                                               
             (7)  possesses methamphetamine in an organic solution                                                              
    with intent to extract from it methamphetamine or its salts,                                                                
    isomers, or salts of isomers; [OR]                                                                                          
             (8)  under circumstances not proscribed under                                                                      
    AS 11.71.010(a)(2), delivers                                                                                                
                  (A)  an immediate precursor of methamphetamine, or                                                            
         the salts, isomers, or salts of isomers of the immediate                                                               
         precursor of methamphetamine, to another person with                                                                   
         reckless disregard that the precursor will be used to                                                                  
         manufacture any material, compound, mixture, or preparation                                                            
         that contains methamphetamine, or its salts, isomers, or salts                                                         
         of isomers; or                                                                                                         
                  (B)  a listed chemical to another person with reckless                                                        
         disregard that the listed chemical will be used to manufacture                                                         
         any material, compound, mixture, or preparation that contains                                                          
                      (i)  methamphetamine, or its salts, isomers, or                                                           
             salts of isomers;                                                                                                  
                      (ii)  an immediate precursor of                                                                           
             methamphetamine, or its salts, isomers, or salts of                                                                
             isomers; or                                                                                                        
                      (iii)  methamphetamine or its salts, isomers, or                                                          
             salts of isomers in an organic solution; or                                                                    
             (9)  under circumstances not proscribed under                                                                  
    AS 11.71.021(a)(2) - (6), manufactures or delivers any amount                                                           
    of a schedule IIA or IIIA controlled substance or possesses any                                                         
    amount of a schedule IIA or IIIA controlled substance with                                                              
    intent to manufacture or deliver.                                                                                       
   * Sec. 30. AS 11.71.030(d) is amended to read:                                                                             
         (d)  Misconduct involving a controlled substance in the third                                                      
    [SECOND] degree is a class B felony.                                                                                        
   * Sec. 31. AS 11.71.040(a) is amended to read:                                                                             

2019-05-08                     House Journal                      Page 0912
         (a)  Except as authorized in AS 17.30, a person commits the                                                            
    crime of misconduct involving a controlled substance in the                                                                 
    fourth [THIRD] degree if the person                                                                                     
             (1)  manufactures or delivers any amount of a schedule                                                             
    IVA or VA controlled substance or possesses any amount of a                                                                 
    schedule IVA or VA controlled substance with intent to                                                                      
    manufacture or deliver;                                                                                                     
             (2)  manufactures or delivers, or possesses with the intent                                                        
    to manufacture or deliver, one or more preparations, compounds,                                                             
    mixtures, or substances of an aggregate weight of one ounce or                                                              
    more containing a schedule VIA controlled substance;                                                                        
             (3)  possesses                                                                                                     
                  (A)  any amount of a                                                                                      
                      (i)  schedule IA controlled substance [LISTED                                                         
             IN AS 11.71.140(e)];                                                                                               
                      (ii)  IIA controlled substance except a                                                               
             controlled substance listed in AS 11.71.150(e)(11) -                                                           
             (15);                                                                                                          
                  (B)  25 or more tablets, ampules, or syrettes                                                             
         containing a schedule IIIA or IVA controlled substance;                                                            
                  (C)  one or more preparations, compounds,                                                                 
         mixtures, or substances of an aggregate weight of                                                                  
                      (i)  three grams or more containing a schedule                                                        
             IIIA or IVA controlled substance except a controlled                                                           
             substance in a form listed in (ii) of this subparagraph;                                                       
                      (ii)  12 grams or more containing a schedule                                                          
             IIIA controlled substance listed in AS 11.71.160(f)(7) -                                                       
             (16) that has been sprayed on or otherwise applied to                                                          
             tobacco, an herb, or another organic material; or                                                              
                      (iii)  500 milligrams or more of a schedule IIA                                                       
             controlled substance listed in AS 11.71.150(e)(11) -                                                           
             (15);                                                                                                          
                  (D)  50 or more tablets, ampules, or syrettes                                                             
         containing a schedule VA controlled substance;                                                                     
                  (E)  one or more preparations, compounds,                                                                 
         mixtures, or substances of an aggregate weight of six                                                              
         grams or more containing a schedule VA controlled                                                                  
         substance;                                                                                                         
                  (F)  one or more preparations, compounds,                                                                 
         mixtures, or substances of an aggregate weight of four                                                             

2019-05-08                     House Journal                      Page 0913
         ounces or more containing a schedule VIA controlled                                                                
         substance; or                                                                                                      
                  (G)  25 or more plants of the genus cannabis;                                                             
             (4)  possesses a schedule IIIA, IVA, VA, or VIA                                                                    
    controlled substance                                                                                                        
                  (A)  with reckless disregard that the possession                                                              
         occurs                                                                                                                 
                      (i)  on or within 500 feet of school grounds; or                                                          
                      (ii)  at or within 500 feet of a recreation or youth                                                      
             center; or                                                                                                         
                  (B)  on a school bus;                                                                                         
             (5)  knowingly keeps or maintains any store, shop,                                                                 
    warehouse, dwelling, building, vehicle, boat, aircraft, or other                                                            
    structure or place that is used for keeping or distributing                                                                 
    controlled substances in violation of a felony offense under this                                                           
    chapter or AS 17.30;                                                                                                        
             (6)  makes, delivers, or possesses a punch, die, plate,                                                            
    stone, or other thing that prints, imprints, or reproduces a                                                                
    trademark, trade name, or other identifying mark, imprint, or                                                               
    device of another or any likeness of any of these on a drug, drug                                                           
    container, or labeling so as to render the drug a counterfeit                                                               
    substance;                                                                                                                  
             (7)  knowingly uses in the course of the manufacture or                                                            
    distribution of a controlled substance a registration number that is                                                        
    fictitious, revoked, suspended, or issued to another person;                                                                
             (8)  knowingly furnishes false or fraudulent information                                                           
    in or omits material information from any application, report,                                                              
    record, or other document required to be kept or filed under                                                                
    AS 17.30;                                                                                                                   
             (9)  obtains possession of a controlled substance by                                                               
    misrepresentation, fraud, forgery, deception, or subterfuge;                                                                
             (10)  affixes a false or forged label to a package or other                                                        
    container containing any controlled substance; or                                                                           
             (11)  manufactures or delivers, or possesses with the                                                              
    intent to manufacture or deliver,                                                                                           
                  (A)  one or more preparations, compounds, mixtures,                                                           
         or substances of an aggregate weight of less than one gram                                                             
         containing a schedule IA controlled substance;                                                                         
                  (B)  less than 25 tablets, ampules, or syrettes                                                               
         containing a schedule IA controlled substance;                                                                         

2019-05-08                     House Journal                      Page 0914
                  (C)  one or more preparations, compounds, mixtures,                                                           
         or substances of an aggregate weight of less than 2.5 grams                                                            
         containing a schedule IIA or IIIA controlled substance; or                                                             
                  (D)  less than 50 tablets, ampules, or syrettes                                                               
         containing a schedule IIA or IIIA controlled substance.                                                               
   * Sec. 32. AS 11.71.040(d) is amended to read:                                                                             
         (d)  Misconduct involving a controlled substance in the                                                                
    fourth [THIRD] degree is a class C felony.                                                                              
   * Sec. 33. AS 11.71.050 is amended to read:                                                                                
         Sec. 11.71.050. Misconduct involving a controlled                                                                    
    substance in the fifth [FOURTH] degree. (a) Except as                                                                   
    authorized in AS 17.30, a person commits the crime of                                                                       
    misconduct involving a controlled substance in the fifth                                                                
    [FOURTH] degree if the person                                                                                               
             (1)  manufactures or delivers, or possesses with the intent                                                        
    to manufacture or deliver, one or more preparations, compounds,                                                             
    mixtures, or substances of an aggregate weight of less than one                                                             
    ounce containing a schedule VIA controlled substance;                                                                       
             (2)  [REPEALED]                                                                                                    
             (3)  fails to make, keep, or furnish any record,                                                                   
    notification, order form, statement, invoice, or information                                                                
    required under AS 17.30; [OR]                                                                                               
             (4)  under circumstances not proscribed under                                                                      
    AS 11.71.030(a)(3), 11.71.040(a)(3), 11.71.040(a)(4), or                                                                    
    11.71.060(a)(2), possesses any amount of a schedule IA, IIA, IIIA,                                                          
    IVA, VA, or VIA controlled substance; or                                                                                
             (5)  possesses                                                                                                 
                  (A)  less than 25 tablets, ampules, or syrettes                                                           
         containing a schedule IIIA or IVA controlled substance;                                                            
                  (B)  one or more preparations, compounds,                                                                 
         mixtures, or substances of an aggregate weight of less than                                                        
                      (i)  three grams containing a schedule IIIA or                                                        
             IVA controlled substance except a controlled                                                                   
             substance in a form listed in (ii) of this subparagraph;                                                       
                      (ii)  12 grams but more than six grams                                                                
             containing a schedule IIIA controlled substance listed                                                         
             in AS 11.71.160(f)(7) - (16) that has been sprayed on                                                          
             or otherwise applied to tobacco, an herb, or another                                                           
             organic material; or                                                                                           
                      (iii)  500 milligrams containing a schedule IIA                                                       

2019-05-08                     House Journal                      Page 0915
             controlled substance listed in AS 11.71.150(e)(11) -                                                           
             (15);                                                                                                          
                  (C)  less than 50 tablets, ampules, or syrettes                                                           
         containing a schedule VA controlled substance;                                                                     
                  (D)  one or more preparations, compounds,                                                                 
         mixtures, or substances of an aggregate weight of less than                                                        
         six grams containing a schedule VA controlled substance;                                                           
         or                                                                                                                 
                  (E)  one or more preparations, compounds,                                                                 
         mixtures, or substances of an aggregate weight of one                                                              
         ounce or more containing a schedule VIA controlled                                                                 
         substance.                                                                                                         
         (b)  Misconduct involving a controlled substance in the fifth                                                      
    [FOURTH] degree is a class A misdemeanor.                                                                                   
   * Sec. 34. AS 11.71.060 is amended to read:                                                                                
         Sec. 11.71.060. Misconduct involving a controlled                                                                    
    substance in the sixth [FIFTH] degree. (a) Except as authorized                                                         
    in AS 17.30, a person commits the crime of misconduct involving                                                             
    a controlled substance in the sixth [FIFTH] degree if the person                                                       
             (1)  uses or displays any amount of a schedule VIA                                                                 
    controlled substance;                                                                                                       
             (2)  possesses one or more preparations, compounds,                                                                
    mixtures, or substances of an aggregate weight of                                                                           
                  (A)  less than one ounce containing a schedule VIA                                                            
         controlled substance;                                                                                                  
                  (B)  six grams or less containing a schedule IIIA                                                             
         controlled substance listed in AS 11.71.160(f)(7) - (16) that                                                          
         has been sprayed on or otherwise applied to tobacco, an herb,                                                          
         or another organic material; or                                                                                        
             (3)  refuses entry into a premise for an inspection                                                                
    authorized under AS 17.30.                                                                                                  
         (b)  Misconduct involving a controlled substance in the sixth                                                      
    [FIFTH] degree is a class B misdemeanor.                                                                                    
   * Sec. 35. AS 11.71.311(a) is amended to read:                                                                             
         (a)  A person may not be prosecuted for a violation of                                                                 
    AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(5)                                                             
    [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) if that person                                                                 
             (1)  sought, in good faith, medical or law enforcement                                                             
    assistance for another person who the person reasonably believed                                                            
    was experiencing a drug overdose and                                                                                        

2019-05-08                     House Journal                      Page 0916
                  (A)  the evidence supporting the prosecution for an                                                           
         offense under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4),                                                              
         11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2)                                                       
         was obtained or discovered as a result of the person seeking                                                           
         medical or law enforcement assistance;                                                                                 
                  (B)  the person remained at the scene with the other                                                          
         person until medical or law enforcement assistance arrived;                                                            
         and                                                                                                                    
                  (C)  the person cooperated with medical or law                                                                
         enforcement personnel, including by providing identification;                                                          
             (2)  was experiencing a drug overdose and sought medical                                                           
    assistance, and the evidence supporting a prosecution for an                                                                
    offense under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4),                                                                   
    11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) was                                                        
    obtained as a result of the overdose and the need for medical                                                               
    assistance.                                                                                                                 
   * Sec. 36. AS 12.55.090(c) is amended to read:                                                                             
         (c)  The period of probation, together with any extension, may                                                         
    not exceed                                                                                                                  
             (1)  25 [15] years for a felony sex offense; or                                                           
             (2)  10 years for any other offense [AN                                                                        
    UNCLASSIFIED FELONY UNDER AS 11 NOT LISTED IN (1)                                                                           
    OF THIS SUBSECTION;                                                                                                         
             (3)  FIVE YEARS FOR A FELONY OFFENSE NOT                                                                           
    LISTED IN (1) OR (2) OF THIS SUBSECTION;                                                                                    
             (4)  THREE YEARS FOR A MISDEMEANOR                                                                                 
    OFFENSE                                                                                                                     
                  (A)  UNDER AS 11.41;                                                                                          
                  (B)  THAT IS A CRIME INVOLVING DOMESTIC                                                                       
         VIOLENCE; OR                                                                                                           
                  (C)  THAT IS A SEX OFFENSE, AS THAT TERM                                                                      
         IS DEFINED IN AS 12.63.100;                                                                                            
             (5)  TWO YEARS FOR A MISDEMEANOR OFFENSE                                                                           
    UNDER AS 28.35.030 OR 28.35.032, IF THE PERSON HAS                                                                          
    PREVIOUSLY BEEN CONVICTED OF AN OFFENSE UNDER                                                                               
    AS 28.35.030 OR 28.35.032, OR A SIMILAR LAW OR                                                                              
              ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR                                                                    
             (6)  ONE YEAR FOR AN OFFENSE NOT LISTED IN                                                                         
    (1) - (5) OF THIS SUBSECTION].                                                                                              
   * Sec. 37. AS 12.55.125(c) is amended to read:                                                                             

2019-05-08                     House Journal                      Page 0917
         (c)  Except as provided in (i) of this section, a defendant                                                            
    convicted of a class A felony may be sentenced to a definite term                                                           
    of imprisonment of not more than 20 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 (2) of this subsection, five                                                         
    [THREE] to eight [SIX] years;                                                                                           
            (2)  if the offense is a first felony conviction                                                                   
                  (A)  and the defendant                                                                                    
                  [(A)]  possessed a firearm, used a dangerous                                                                  
         instrument, or caused serious physical injury or death during                                                          
         the commission of the offense, [FIVE TO NINE YEARS;] or                                                                
                  [(B)]  knowingly directed the conduct constituting the                                                        
         offense at a uniformed or otherwise clearly identified peace                                                           
         officer, firefighter, correctional employee, emergency medical                                                         
         technician, paramedic, ambulance attendant, or other                                                                   
         emergency responder who was engaged in the performance of                                                              
         official duties at the time of the offense, seven to 11 years;                                                         
                  (B)  and the conviction is for manufacturing                                                              
         related to methamphetamine under AS 11.71.021(a)(2)(A)                                                             
         or (B), seven to 11 years if                                                                                       
                      (i)  the manufacturing occurred in a building                                                         
             with reckless disregard that the building was used as a                                                        
             permanent or temporary home or place of lodging for                                                            
             one or more children under 18 years of age or the                                                              
             building was a place frequented by children; or                                                                
                      (ii)  in the course of manufacturing or in                                                            
             preparation for manufacturing, the defendant                                                                   
             obtained the assistance of one or more children under                                                          
             18 years of age or one or more children were present;                                                          
             (3)  if the offense is a second felony conviction, 10                                                          
    [EIGHT] to 14 [12] years;                                                                                               
             (4)  if the offense is a third felony conviction and the                                                           
    defendant is not subject to sentencing under (l) of this section, 15                                                    
    [13] to 20 years.                                                                                                           
   * Sec. 38. AS 12.55.125(d) is amended to read:                                                                             
         (d)  Except as provided in (i) of this section, a defendant                                                            
    convicted of a class B felony may be sentenced to a definite term                                                           
    of imprisonment of not more than 10 years, and shall be sentenced                                                           

2019-05-08                     House Journal                      Page 0918
    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 (2) of this subsection, one                                                          
    [ZERO] to three [TWO] years; 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 if, as a                                                            
    condition of probation under AS 12.55.086, the defendant is                                                             
    required to serve an active term of imprisonment within the                                                             
    range specified in this paragraph, unless the court finds that a                                                        
    mitigation factor under AS 12.55.155 applies;                                                                           
            (2)  if the offense is a first felony conviction,                                                                  
                  (A)  the defendant violated AS 11.41.130, and the                                                         
         victim was                                                                                                             
                  [(A)]  a child under 16 years of age, two to four                                                             
         years; [OR]                                                                                                            
                  (B)  two to four years if the conviction is for                                                           
         attempt, solicitation, or conspiracy to manufacture related                                                        
         to     methamphetamine            under       AS 11.31       and                                                   
         AS 11.71.021(a)(2)(A) or (B), and                                                                                  
                      (i)  the attempted manufacturing occurred, or                                                         
             the solicited or conspired offense was to have                                                                 
             occurred, in a building with reckless disregard that                                                           
             the building was used as a permanent or temporary                                                              
             home or place of lodging for one or more children                                                              
             under 18 years of age or the building was a place                                                              
             frequented by children; or                                                                                     
                      (ii)  in the course of an attempt to                                                                  
             manufacture, the defendant obtained the assistance of                                                          
             one or more children under 18 years of age or one or                                                           
             more children were present [WAS 16 YEARS OF AGE                                                                
             OR OLDER, ONE TO THREE YEARS];                                                                                     
             (3)  if the offense is a second felony conviction, four                                                        
    [TWO] to seven [FIVE] years;                                                                                            
             (4)  if the offense is a third felony conviction, six [FOUR]                                                   
    to 10 years.                                                                                                                
   * Sec. 39. 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                                                                   

2019-05-08                     House Journal                      Page 0919
    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, zero to                                                          
    two years; 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 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 AS 08.54.720(a)(15), one to two years.                                                                   
   * Sec. 40. AS 12.55.125(q) is amended to read:                                                                             
         (q)  Other than for convictions subject to a mandatory 99-year                                                         
    sentence, the court shall impose, in addition to an active term of                                                          
    imprisonment imposed under (i) of this section, a minimum period                                                            
    of (1) suspended imprisonment of five years and a minimum                                                                   
    period of probation supervision of 15 years for conviction of an                                                            
    unclassified felony, (2) suspended imprisonment of three years                                                              
    and a minimum period of probation supervision of 10 years for                                                               
    conviction of a class A or class B felony, or (3) suspended                                                                 
    imprisonment of two years and a minimum period of probation                                                                 
    supervision of five years for conviction of a class C felony. The                                                           
    period of probation is in addition to any sentence received under                                                           
    (i) of this section and may not be suspended or reduced. Upon                                                           
    a defendant's release from confinement in a correctional                                                                
    facility, the defendant is subject to the probation requirement                                                         
    under this subsection and shall submit and comply with the                                                              
    terms and requirements of the probation.                                                                                
   * Sec. 41. AS 12.55.135(a) is amended to read:                                                                             
         (a)  A defendant convicted of a class A misdemeanor may be                                                             
      sentenced to a definite term of imprisonment of not more than                                                            
             [(1)]  one year [, IF THE                                                                                          
                  (A)  CONVICTION IS FOR A CRIME WITH A                                                                         
         MANDATORY MINIMUM TERM OF 30 DAYS OR                                                                                   

2019-05-08                     House Journal                      Page 0920
         MORE OF ACTIVE IMPRISONMENT;                                                                                           
                  (B)  TRIER OF FACT FINDS THE                                                                                  
         AGGRAVATING FACTOR THAT THE CONDUCT                                                                                    
         CONSTITUTING THE OFFENSE WAS AMONG THE                                                                                 
         MOST SERIOUS CONDUCT INCLUDED IN THE                                                                                   
         DEFINITION OF THE OFFENSE;                                                                                             
                  (C)  DEFENDANT HAS PAST CRIMINAL                                                                              
         CONVICTIONS FOR CONDUCT VIOLATIVE OF                                                                                   
         CRIMINAL LAWS, PUNISHABLE AS FELONIES OR                                                                               
         MISDEMEANORS, SIMILAR IN NATURE TO THE                                                                                 
         OFFENSE FOR WHICH THE DEFENDANT IS BEING                                                                               
         SENTENCED;                                                                                                             
                  (D)  CONVICTION IS FOR AN ASSAULT IN THE                                                                      
         FOURTH DEGREE UNDER AS 11.41.230; OR                                                                                   
                  (E)  CONVICTION IS FOR A VIOLATION OF                                                                         
                      (i)  AS 11.41.427;                                                                                        
                      (ii)  AS 11.41.440;                                                                                       
                      (iii)  AS 11.41.460, IF THE INDECENT                                                                      
             EXPOSURE IS BEFORE A PERSON UNDER 16                                                                               
             YEARS OF AGE;                                                                                                      
                      (iv)  AS 11.61.116(c)(2); OR                                                                             
                      (v)  AS 11.61.118(a)(2);                                                                                  
             (2)  30 DAYS].                                                                                                     
   * Sec. 42. AS 12.55.135(b) is amended to read:                                                                             
         (b)  A defendant convicted of a class B misdemeanor may be                                                             
    sentenced to a definite term of imprisonment of not more than 90                                                        
             [(1)  10] days unless otherwise specified in the provision                                                         
    of law defining the offense [OR IN THIS SECTION;                                                                            
             (2)  90 DAYS IF THE CONVICTION IS FOR A                                                                            
    VIOLATION OF                                                                                                                
                  (A)  AS 11.61.116(c)(1) AND THE PERSON IS 21                                                                  
         YEARS OF AGE OR OLDER; OR                                                                                              
                  (B)  AS 11.61.120(a)(6) AND THE PERSON IS 21                                                                  
         YEARS OF AGE OR OLDER; OR                                                                                              
             (3)  FIVE DAYS IF THE CONVICTION IS FOR A                                                                          
    VIOLATION OF AS 11.56.757].                                                                                                 
   * Sec. 43. AS 12.55.135 is amended by adding a new subsection to                                                           
read:                                                                                                                           
         (q)  A court may not impose a sentence of imprisonment or                                                              
    suspended imprisonment for possession of marijuana in violation                                                             

2019-05-08                     House Journal                      Page 0921
    of AS 11.71.060 if the defendant alleges, and the court finds, that                                                         
    the defendant was not under formal or informal probation or                                                                 
    parole conditions in this or another jurisdiction at the time of the                                                        
    offense; that the defendant possessed the marijuana for the                                                                 
    defendant's personal use within the defendant's permanent or                                                                
    temporary residence; and that the defendant has not been                                                                    
    previously convicted more than once in this or another jurisdiction                                                         
    for possession of marijuana. If the defendant has not been                                                                  
    previously convicted as described in this subsection, the                                                                   
    maximum unsuspended fine that the court may impose is $500. If                                                              
    the defendant has been previously convicted once as described in                                                            
    this subsection, the maximum unsuspended fine that the court may                                                            
    impose is $1,000. In this subsection,                                                                                       
             (1)  "permanent or temporary residence" means a                                                                    
    permanent structure adopted for overnight accommodation;                                                                    
    "permanent or temporary residence" does not include                                                                         
                  (A)  vehicles, tents, prisons or other correctional                                                           
         facilities, residential treatment facilities, or shelters operated                                                     
          by a charitable organization or a government agency;                                                                 
                  (B)  any place where the defendant's possession or                                                            
         use of marijuana violated established rules for residents, such                                                        
         as a ban on smoking or a ban on marijuana or other controlled                                                          
         substances;                                                                                                            
             (2)  "previously convicted" means the defendant entered a                                                          
    plea of guilty, no contest, or nolo contendere, or has been found                                                           
    guilty by a court or jury, regardless of whether the conviction was                                                         
    set aside under AS 12.55.085 or a similar procedure in another                                                              
    jurisdiction, of possession of marijuana; "previously convicted"                                                            
    does not include a judgment that has been reversed or vacated by a                                                          
    court.                                                                                                                      
   * Sec. 44. AS 28.35.030(k) is amended to read:                                                                             
         (k)  Imprisonment required under (b)(1)(A) of this section                                                             
    shall be served at a community residential center or by                                                                 
    electronic monitoring at a private residence under AS 33.30.065.                                                            
    If a community residential center or electronic monitoring at a                                                     
    private residence is not available, imprisonment required under                                                         
    (b)(1)(A) of this section may [SHALL] be served at another                                                          
    appropriate place [A PRIVATE RESIDENCE BY OTHER                                                                         
    MEANS] determined by the commissioner of corrections. [A                                                                    
    PERSON WHO IS SERVING A SENTENCE OF                                                                                         

2019-05-08                     House Journal                      Page 0922
    IMPRISONMENT REQUIRED UNDER (b)(1)(A) OF THIS                                                                               
    SECTION BY ELECTRONIC MONITORING AT A PRIVATE                                                                               
    RESIDENCE MAY NOT BE SUBJECT TO A SEARCH OF                                                                                 
    THE PERSON'S DWELLING BY A PEACE OFFICER OR A                                                                               
    PERSON REQUIRED TO ADMINISTER THE ELECTRONIC                                                                                
    MONITORING UNDER AS 33.30.065(a), EXCEPT UPON                                                                               
    PROBABLE CAUSE.] Imprisonment required under (b)(1)(B) -                                                                    
    (F) of this section may be served at a community residential center                                                         
    or at a private residence if approved by the commissioner of                                                                
    corrections. Imprisonment served at a private residence must                                                                
    include electronic monitoring under AS 33.30.065 [OR, IF                                                                    
    ELECTRONIC MONITORING IS NOT AVAILABLE, BY                                                                                  
    OTHER MEANS AS DETERMINED BY THE                                                                                            
    COMMISSIONER OF CORRECTIONS]. The cost of                                                                                   
    imprisonment resulting from the sentence imposed under (b)(1) of                                                            
    this section shall be paid to the state by the person being                                                                 
    sentenced. The cost of imprisonment required to be paid under this                                                          
    subsection may not exceed $2,000. Upon the person's conviction,                                                             
    the court shall include the costs of imprisonment as a part of the                                                          
    judgment of conviction. Except for reimbursement from a                                                                     
    permanent fund dividend as provided in this subsection, payment                                                             
    of the cost of imprisonment is not required if the court determines                                                         
    the person is indigent. For costs of imprisonment that are not paid                                                         
    by the person as required by this subsection, the state shall seek                                                          
    reimbursement from the person's permanent fund dividend as                                                                  
    provided under AS 43.23.140. A person sentenced under (b)(1)(B)                                                             
    of this section shall perform at least 160 hours of community                                                               
    service work, as required by the director of the community                                                                  
    residential center or other appropriate place, or as required by the                                                        
    commissioner of corrections if the sentence is being served at a                                                            
    private residence. In this subsection, "appropriate place" means a                                                          
    facility with 24-hour on-site staff supervision that is specifically                                                        
    adapted to provide a residence, and includes a correctional center,                                                         
    residential treatment facility, hospital, halfway house, group                                                              
    home, work farm, work camp, or other place that provides varying                                                            
    levels of restriction.                                                                                                      
   * Sec. 45. AS 28.35.032(o) is amended to read:                                                                             
         (o)  Imprisonment required under (g)(1)(A) of this section                                                             
    shall be served at a community residential center, or if a                                                              
    community residential center [PRIVATE RESIDENCE BY                                                                      

2019-05-08                     House Journal                      Page 0923
    ELECTRONIC MONITORING UNDER AS 33.30.065. IF                                                                                
    ELECTRONIC MONITORING] is not available, at another                                                                     
    appropriate place [IMPRISONMENT UNDER (g)(1)(A) OF                                                                      
    THIS SECTION SHALL BE SERVED AT A PRIVATE                                                                                   
    RESIDENCE BY OTHER MEANS AS] determined by the                                                                              
    commissioner of corrections. [A PERSON WHO IS SERVING A                                                                     
    SENTENCE OF IMPRISONMENT REQUIRED UNDER                                                                                     
    (g)(1)(A) OF THIS SECTION BY ELECTRONIC                                                                                     
    MONITORING AT A PRIVATE RESIDENCE MAY NOT BE                                                                                
    SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY                                                                             
    A PEACE OFFICER OR A PERSON REQUIRED TO                                                                                     
    ADMINISTER THE ELECTRONIC MONITORING UNDER                                                                                  
    AS 33.30.065(a), EXCEPT UPON PROBABLE CAUSE.]                                                                               
    Imprisonment required under (g)(1)(B) - (F) of this section may be                                                          
    served at a community residential center or at a private residence                                                          
    if approved by the commissioner of corrections. Imprisonment                                                                
    served at a private residence must include electronic monitoring                                                            
    under AS 33.30.065 [OR, IF ELECTRONIC MONITORING IS                                                                         
    NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS                                                                               
    AS DETERMINED BY THE COMMISSIONER OF                                                                                        
    CORRECTIONS]. The cost of imprisonment resulting from the                                                                   
    sentence imposed under (g)(1) of this section shall be paid to the                                                          
    state by the person being sentenced. The cost of imprisonment                                                               
    required to be paid under this subsection may not exceed $2,000.                                                            
    Upon the person's conviction, the court shall include the costs of                                                          
    imprisonment as a part of the judgment of conviction. Except for                                                            
    reimbursement from a permanent fund dividend as provided in                                                                 
    this subsection, payment of the cost of imprisonment is not                                                                 
    required if the court determines the person is indigent. For costs of                                                       
    imprisonment that are not paid by the person as required by this                                                            
    subsection, the state shall seek reimbursement from the person's                                                            
    permanent fund dividend as provided under AS 43.23.140. A                                                                   
    person sentenced under (g)(1)(B) of this section shall perform at                                                           
    least 160 hours of community service work, as required by the                                                               
    director of the community residential center or other appropriate                                                           
    place, or as required by the commissioner of corrections if the                                                             
    sentence is being served at a private residence. In this subsection,                                                        
    "appropriate place" means a facility with 24-hour on-site staff                                                             
    supervision that is specifically adapted to provide a residence, and                                                        
    includes a correctional center, residential treatment facility,                                                             

2019-05-08                     House Journal                      Page 0924
    hospital, halfway house, group home, work farm, work camp, or                                                               
    other place that provides varying levels of restriction.                                                                    
   * Sec. 46. AS 34.03.360(7) is amended to read:                                                                             
             (7)  "illegal activity involving a controlled substance"                                                           
    means a violation of AS 11.71.010(a), 11.71.021(a),                                                                     
    11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or                                                         
    11.71.040(a)(1), (2), or (5);                                                                                               
   * Sec. 47. AS 47.12.315(a) is amended to read:                                                                             
         (a)  Notwithstanding AS 47.12.310 and except as otherwise                                                              
    provided in this section, the department shall disclose information                                                         
    to the public, on request, concerning a minor subject to this                                                               
    chapter who was at least 13 years of age at the time of commission                                                          
    of                                                                                                                          
             (1)  a felony offense against a person under AS 11.41;                                                             
             (2)  arson in the first or second degree;                                                                          
             (3)  burglary in the first degree;                                                                                 
             (4)  distribution of child pornography;                                                                            
             (5)  sex trafficking in the first degree;                                                                          
             (6)  misconduct involving a controlled substance in the                                                            
    first, [OR] second, or third degrees involving distribution or                                                      
    possession with intent to deliver; or                                                                                       
             (7)  misconduct involving weapons in the first through                                                             
    fourth degrees.                                                                                                             
   * Sec. 48. The uncodified law of the State of Alaska is amended by                                                         
adding a new section to read:                                                                                                   
         DIRECT COURT RULE AMENDMENT. Rule 6(r)(6),                                                                             
    Alaska Rules of Criminal Procedure, is amended to read:                                                                     
             (6)  When a prior conviction is an element of an                                                               
    offense [IN A PROSECUTION FOR DRIVING WHILE                                                                             
    INTOXICATED UNDER AS 28.35.030(n) OR FOR REFUSAL                                                                            
    TO SUBMIT TO A CHEMICAL TEST UNDER                                                                                          
    AS 28.35.032(p)], hearsay evidence received through the Alaska                                                              
    Public Safety Information Network or from other government                                                                  
    agencies of prior convictions [OF DRIVING WHILE                                                                             
    INTOXICATED OR REFUSAL TO SUBMIT TO A                                                                                       
    CHEMICAL TEST] may be presented to the grand jury.                                                                          
   * Sec. 49. AS 11.46.980(d), 11.46.982; AS 11.56.330(a)(3);                                                                 
AS 11.71.030(a)(1), 11.71.030(a)(4), 11.71.030(a)(5), 11.71.030(a)(6),                                                          
11.71.030(a)(7), 11.71.030(a)(8), 11.71.030(c), 11.71.030(e),                                                                   
11.71.040(a)(11), 11.71.050(a)(4); AS 12.25.180(b)(3);                                                                          

2019-05-08                     House Journal                      Page 0925
AS 12.55.135(l), 12.55.135(m), 12.55.135(n), 12.55.135(o),                                                                      
12.55.135(p), and 12.55.145(a)(5) are repealed.                                                                                 
   * Sec. 50. The uncodified law of the State of Alaska is amended by                                                         
adding a new section to read:                                                                                                   
    APPLICABILITY. (a) The following sections apply to offenses                                                                 
committed on or after the effective date of those sections:                                                                     
         (1)  AS 11.41.110(a), as amended by sec. 1 of this                                                                     
Act;                                                                                                                            
         (2)  AS 11.41.150(a), as amended by sec. 2 of this                                                                     
Act;                                                                                                                            
         (3)  AS 11.46.130(a), as amended by sec. 3 of this                                                                     
Act;                                                                                                                            
         (4)  AS 11.46.140(a), as amended by sec. 4 of this                                                                     
Act;                                                                                                                            
         (5)  AS 11.46.150(a), as amended by sec. 5 of this                                                                     
Act;                                                                                                                            
         (6)  AS 11.46.220(c), as amended by sec. 6 of this                                                                     
Act;                                                                                                                            
         (7)  AS 11.46.260(b), as amended by sec. 7 of this                                                                     
Act;                                                                                                                            
         (8)  AS 11.46.270(b), as amended by sec. 8 of this                                                                     
Act;                                                                                                                            
         (9)  AS 11.46.280(d), as amended by sec. 9 of this                                                                     
Act;                                                                                                                            
         (10)  AS 11.46.285(b), as amended by sec. 10 of this                                                                   
Act;                                                                                                                            
         (11)  AS 11.46.295, as amended by sec. 11 of this                                                                      
Act;                                                                                                                            
         (12)  AS 11.46.360(a), as amended by sec. 12 of this                                                                   
Act;                                                                                                                            
         (13)  AS 11.46.482(a), as amended by sec. 13 of this                                                                   
Act;                                                                                                                            
         (14)  AS 11.46.484(a), as amended by sec. 14 of this                                                                   
Act;                                                                                                                            
         (15)  AS 11.46.486(a), as amended by sec. 15 of this                                                                   
Act;                                                                                                                            

2019-05-08                     House Journal                      Page 0926
         (16)  AS 11.46.530(b), as amended by sec. 16 of this                                                                   
Act;                                                                                                                            
         (17)  AS 11.46.620(d), as amended by sec. 17 of this                                                                   
Act;                                                                                                                            
         (18)  AS 11.46.730(c), as amended by sec. 18 of this                                                                   
Act;                                                                                                                            
         (19)  AS 11.56.310(a), as amended by sec. 19 of this                                                                   
Act;                                                                                                                            
         (20)  AS 11.56.320(a), as amended by sec. 20 of this                                                                   
Act;                                                                                                                            
         (21)  AS 11.56.730(a), as amended by sec. 21 of this                                                                   
Act;                                                                                                                            
         (22)  AS 11.56.730(d), as amended by sec. 22 of this                                                                   
Act;                                                                                                                            
         (23)  AS 11.56.757(b), as amended by sec. 23 of this                                                                   
Act;                                                                                                                            
         (24)  AS 11.56.760(a), as amended by sec. 24 of this                                                                   
Act;                                                                                                                            
         (25)  AS 11.56.760(c), as amended by sec. 25 of this                                                                   
Act;                                                                                                                            
         (26)  AS 11.56.810(a), as repealed and reenacted by                                                                    
sec. 26 of this Act;                                                                                                            
         (27)  AS 11.61.110(c), as amended by sec. 25 of this                                                                   
Act;                                                                                                                            
         (28)  AS 11.71.021, enacted by sec. 28 of this Act;                                                                    
         (29)  AS 11.71.030(a), as amended by sec. 29 of this                                                                   
Act;                                                                                                                            
         (30)  AS 11.71.030(d), as amended by sec. 30 of this                                                                   
Act;                                                                                                                            
         (31)  AS 11.71.040(a), as amended by sec. 31 of this                                                                   
Act;                                                                                                                            
         (32)  AS 11.71.040(d), as amended by sec. 32 of this                                                                   
Act;                                                                                                                            
         (33)  AS 11.71.050, as amended by sec. 33 of this                                                                      
Act;                                                                                                                            

2019-05-08                     House Journal                      Page 0927
         (34)  AS 11.71.060, as amended by sec. 34 of this                                                                      
Act;                                                                                                                            
         (35)  AS 11.71.311(a), as amended by sec. 35 of this                                                                   
Act.                                                                                                                            
    (b)  The following sections apply to sentences imposed on or after                                                          
the effective date of those sections for conduct occurring on or after                                                          
the effective date of those sections:                                                                                           
        (1)  AS 12.55.125(c), as amended by sec. 37 of this Act;                                                               
        (2)  AS 12.55.125(d), as amended by sec. 38 of this Act;                                                               
        (3)  AS 12.55.125(e), as amended by sec. 39 of this Act;                                                               
        (4)  AS 12.55.125(q), as amended by sec. 40 of this Act;                                                               
        (5)  AS 12.55.135(a), as amended by sec. 41 of this Act;                                                               
        (6)  AS 12.55.135(b), as amended by sec. 42 of this Act;                                                               
         (7)  AS 12.55.135(q), enacted by sec. 43 of this Act;                                                                  
        (8)  AS 28.35.030(k), as amended by sec. 44 of this Act;                                                               
        (9)  AS 28.35.032(o), as amended by sec. 45 of this Act.                                                               
    (c)  AS 12.55.090(c), as amended by sec. 36 of this Act, applies to                                                         
probation ordered on or after the effective date of sec. 36 of this Act                                                         
for conduct occurring on or after the effective date of sec. 36 of this                                                         
Act.                                                                                                                            
   * Sec. 51. The uncodified law of the State of Alaska is amended by                                                         
adding a new section to read:                                                                                                   
    CONDITIONAL EFFECT. Section 48 of this Act takes effect                                                                     
only if sec. 48 of this Act receives the two-thirds majority vote of each                                                       
house required by art. IV, sec. 15, Constitution of the State of Alaska.                                                        
   * Sec. 52.  This Act takes effect July 1, 2019."                                                                           
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 49(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                

2019-05-08                     House Journal                      Page 0928
Yeas:  Carpenter, Eastman, Jackson, Johnson, LeDoux, Merrick,                                                                   
Pruitt, Rasmussen, Rauscher, Revak, Shaw, Sullivan-Leonard,                                                                     
Talerico, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Wilson,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 10 was offered by Representative Eastman:                                                                         
                                                                                                                                
Page 1, line 1, following "procedure;" (title amendment):                                                                     
 Insert "relating to the definition of sexual contact;"                                                                       
                                                                                                                                
Page 28, following line 26:                                                                                                     
 Insert a new bill section to read:                                                                                             
   "*Sec. 49.  AS 11.81.900(b)(60)(A) is amended by adding a new                                                              
sub-subparagraph:                                                                                                               
               "(iv)  knowingly ejaculates in the presence of a                                                                 
             person and knowingly causes the person to come into                                                                
             contact with semen."                                                                                               
                                                                                                                                
Renumber following bill sections accordingly.                                                                                   
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 10 be adopted.                                                                                                    
                                                                                                                                
Representative Lincoln objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 10 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 49(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 10                                                                                                                
                                                                                                                                
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Jackson, Johnson, Merrick, Pruitt,                                                                   
Rasmussen, Rauscher, Revak, Shaw, Talerico, Tilton, Vance                                                                       

2019-05-08                     House Journal                      Page 0929
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
LeDoux, Lincoln, Ortiz, Spohnholz, Story, Stutes, Sullivan-Leonard,                                                             
Tarr, Thompson, Wilson, Wool, Zulkosky                                                                                          
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, Amendment No. 10 was not adopted.                                                                                       
                                                                                                                                
Amendment No. 11 was offered by Representative Pruitt:                                                                          
                                                                                                                                
Page 25, line 3, through page 28, line 26:                                                                                      
    Delete all material and insert:                                                                                             
"* Sec. 44. AS 11.71.040(a) is amended to read:                                                                               
         (a)  Except as authorized in AS 03.05, AS 17.30, or AS 17.38                                                       
    [AS 17.30], a person commits the crime of misconduct involving a                                                            
     controlled substance in the fourth [THIRD] degree if the person                                                       
             (1)  manufactures or delivers any amount of a schedule                                                             
    IVA or VA controlled substance or possesses any amount of a                                                                 
    schedule IVA or VA controlled substance with intent to                                                                      
    manufacture or deliver;                                                                                                     
             (2)  manufactures or delivers, or possesses with the intent                                                        
    to manufacture or deliver, one or more preparations, compounds,                                                             
    mixtures, or substances of an aggregate weight of one ounce or                                                              
    more containing a schedule VIA controlled substance;                                                                        
             (3)  possesses                                                                                                     
                  (A)  any amount of a                                                                                      
                      (i)  schedule IA controlled substance [LISTED                                                         
             IN AS 11.71.140(e)];                                                                                               
                      (ii)  IIA controlled substance except a                                                               
             controlled substance listed in AS 11.71.150(e)(11) -                                                           
             (15);                                                                                                          
                  (B)  25 or more tablets, ampules, or syrettes                                                             
         containing a schedule IIIA or IVA controlled substance;                                                            
                  (C)  one or more preparations, compounds,                                                                 
         mixtures, or substances of an aggregate weight of                                                                  
                      (i)  three grams or more containing a schedule                                                        
             IIIA or IVA controlled substance except a controlled                                                           
             substance in a form listed in (ii) of this subparagraph;                                                       
                      (ii)  12 grams or more containing a schedule                                                          
             IIIA controlled substance listed in AS 11.71.160(f)(7) -                                                       

2019-05-08                     House Journal                      Page 0930
             (16) that has been sprayed on or otherwise applied to                                                          
             tobacco, an herb, or another organic material; or                                                              
                      (iii)  500 milligrams or more of a schedule IIA                                                       
             controlled substance listed in AS 11.71.150(e)(11) -                                                           
             (15);                                                                                                          
                  (D)  50 or more tablets, ampules, or syrettes                                                             
         containing a schedule VA controlled substance;                                                                     
                  (E)  one or more preparations, compounds,                                                                 
         mixtures, or substances of an aggregate weight of six                                                              
         grams or more containing a schedule VA controlled                                                                  
         substance;                                                                                                         
                  (F)  one or more preparations, compounds,                                                                 
         mixtures, or substances of an aggregate weight of four                                                             
         ounces or more containing a schedule VIA controlled                                                                
         substance; or                                                                                                      
                  (G)  25 or more plants of the genus cannabis;                                                             
             (4)  possesses a schedule IIIA, IVA, VA, or VIA                                                                    
    controlled substance                                                                                                        
                  (A)  with reckless disregard that the possession                                                              
         occurs                                                                                                                 
                      (i)  on or within 500 feet of school grounds; or                                                          
                      (ii)  at or within 500 feet of a recreation or youth                                                      
             center; or                                                                                                         
                  (B)  on a school bus;                                                                                         
             (5)  knowingly keeps or maintains any store, shop,                                                                 
    warehouse, dwelling, building, vehicle, boat, aircraft, or other                                                            
    structure or place that is used for keeping or distributing                                                                 
    controlled substances in violation of a felony offense under this                                                           
    chapter or AS 17.30;                                                                                                        
             (6)  makes, delivers, or possesses a punch, die, plate,                                                            
    stone, or other thing that prints, imprints, or reproduces a                                                                
    trademark, trade name, or other identifying mark, imprint, or                                                               
    device of another or any likeness of any of these on a drug, drug                                                           
    container, or labeling so as to render the drug a counterfeit                                                               
    substance;                                                                                                                  
             (7)  knowingly uses in the course of the manufacture or                                                            
    distribution of a controlled substance a registration number that is                                                        
    fictitious, revoked, suspended, or issued to another person;                                                                
             (8)  knowingly furnishes false or fraudulent information                                                           
    in or omits material information from any application, report,                                                              

2019-05-08                     House Journal                      Page 0931
    record, or other document required to be kept or filed under                                                                
    AS 17.30;                                                                                                                   
             (9)  obtains possession of a controlled substance by                                                               
    misrepresentation, fraud, forgery, deception, or subterfuge;                                                                
             (10)  affixes a false or forged label to a package or other                                                        
    container containing any controlled substance; or                                                                           
             (11)  manufactures or delivers, or possesses with the                                                              
    intent to manufacture or deliver,                                                                                           
                  (A)  one or more preparations, compounds, mixtures,                                                           
         or substances of an aggregate weight of less than one gram                                                             
         containing a schedule IA controlled substance;                                                                         
                  (B)  less than 25 tablets, ampules, or syrettes                                                               
         containing a schedule IA controlled substance;                                                                         
                  (C)  one or more preparations, compounds, mixtures,                                                           
         or substances of an aggregate weight of less than 2.5 grams                                                            
         containing a schedule IIA or IIIA controlled substance; or                                                             
                  (D)  less than 50 tablets, ampules, or syrettes                                                               
         containing a schedule IIA or IIIA controlled substance.                                                               
   * Sec. 45. AS 11.71.040(d) is amended to read:                                                                             
         (d)  Misconduct involving a controlled substance in the                                                                
    fourth [THIRD] degree is a class C felony.                                                                              
   * Sec. 46. AS 11.71.050 is amended to read:                                                                                
         Sec. 11.71.050. Misconduct involving a controlled                                                                    
    substance in the fifth [FOURTH] degree. (a) Except as                                                                   
    authorized in AS 17.30 or AS 17.38, a person commits the crime                                                          
    of misconduct involving a controlled substance in the fifth                                                             
    [FOURTH] degree if the person                                                                                               
             (1)  manufactures or delivers, or possesses with the intent                                                        
    to manufacture or deliver, one or more preparations, compounds,                                                             
    mixtures, or substances of an aggregate weight of less than one                                                             
    ounce containing a schedule VIA controlled substance;                                                                       
             (2)  [REPEALED]                                                                                                    
             (3)  fails to make, keep, or furnish any record,                                                                   
    notification, order form, statement, invoice, or information                                                                
    required under AS 17.30; [OR]                                                                                               
             (4)  under circumstances not proscribed under                                                                      
    AS 11.71.030(a)(3), 11.71.040(a)(3), 11.71.040(a)(4), or                                                                    
    11.71.060(a)(2), possesses any amount of a schedule IA, IIA, IIIA,                                                          
    IVA, VA, or VIA controlled substance; or                                                                                
             (5)  possesses                                                                                                 

2019-05-08                     House Journal                      Page 0932
                  (A)  less than 25 tablets, ampules, or syrettes                                                           
         containing a schedule IIIA or IVA controlled substance;                                                            
                  (B)  one or more preparations, compounds,                                                                 
         mixtures, or substances of an aggregate weight of less than                                                        
                      (i)  three grams containing a schedule IIIA or                                                        
             IVA controlled substance except a controlled                                                                   
             substance in a form listed in (ii) of this subparagraph;                                                       
                      (ii)  12 grams but more than six grams                                                                
             containing a schedule IIIA controlled substance listed                                                         
             in AS 11.71.160(f)(7) - (16) that has been sprayed on                                                          
             or otherwise applied to tobacco, an herb, or another                                                           
             organic material; or                                                                                           
                      (iii)  500 milligrams containing a schedule IIA                                                       
             controlled substance listed in AS 11.71.150(e)(11) -                                                           
             (15);                                                                                                          
                  (C)  less than 50 tablets, ampules, or syrettes                                                           
         containing a schedule VA controlled substance;                                                                     
                  (D)  one or more preparations, compounds,                                                                 
         mixtures, or substances of an aggregate weight of less than                                                        
         six grams containing a schedule VA controlled substance;                                                           
         or                                                                                                                 
                  (E)  one or more preparations, compounds,                                                                 
         mixtures, or substances of an aggregate weight of one                                                              
         ounce or more containing a schedule VIA controlled                                                                 
         substance.                                                                                                         
         (b)  Misconduct involving a controlled substance in the fifth                                                      
    [FOURTH] degree is a class A misdemeanor.                                                                                   
   * Sec. 47. AS 11.71.060 is amended to read:                                                                                
         Sec. 11.71.060. Misconduct involving a controlled                                                                    
    substance in the sixth [FIFTH] degree. (a) Except as authorized                                                         
    in AS 17.30 or AS 17.38, a person commits the crime of                                                                  
    misconduct involving a controlled substance in the sixth [FIFTH]                                                        
    degree if the person                                                                                                        
             (1)  uses or displays any amount of a schedule VIA                                                                 
    controlled substance;                                                                                                       
             (2)  possesses one or more preparations, compounds,                                                                
    mixtures, or substances of an aggregate weight of                                                                           
                  (A)  less than one ounce containing a schedule VIA                                                            
         controlled substance;                                                                                                  
                  (B)  six grams or less containing a schedule IIIA                                                             

2019-05-08                     House Journal                      Page 0933
         controlled substance listed in AS 11.71.160(f)(7) - (16) that                                                          
         has been sprayed on or otherwise applied to tobacco, an herb,                                                          
         or another organic material; or                                                                                        
             (3)  refuses entry into a premise for an inspection                                                                
    authorized under AS 17.30.                                                                                                  
         (b)  Misconduct involving a controlled substance in the sixth                                                      
    [FIFTH] degree is a class B misdemeanor.                                                                                    
   * Sec. 48. AS 11.71.311(a) is amended to read:                                                                             
         (a)  A person may not be prosecuted for a violation of                                                                 
    AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(5)                                                             
    [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) if that person                                                                 
             (1)  sought, in good faith, medical or law enforcement                                                             
    assistance for another person who the person reasonably believed                                                            
    was experiencing a drug overdose and                                                                                        
                  (A)  the evidence supporting the prosecution for an                                                           
         offense under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4),                                                              
         11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2)                                                       
         was obtained or discovered as a result of the person seeking                                                           
         medical or law enforcement assistance;                                                                                 
                  (B)  the person remained at the scene with the other                                                          
         person until medical or law enforcement assistance arrived;                                                            
         and                                                                                                                    
                  (C)  the person cooperated with medical or law                                                                
         enforcement personnel, including by providing identification;                                                          
             (2)  was experiencing a drug overdose and sought medical                                                           
    assistance, and the evidence supporting a prosecution for an                                                                
    offense under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4),                                                                   
    11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) was                                                        
    obtained as a result of the overdose and the need for medical                                                               
    assistance."                                                                                                                
                                                                                                                                
Page 66, lines 16 - 17:                                                                                                         
    Delete "11.71.030(a)(1), (2), or (4) - (8)"                                                                                 
  Insert "11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), or (4) - (8)]"                                                     
                                                                                                                                
Page 69, line 24, following "11.71.040(a)(11)":                                                                                 
    Insert ", 11.71.050(a)(4)"                                                                                                  
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that                                                                    
Amendment No. 11 be adopted.                                                                                                    
                                                                                                                                

2019-05-08                     House Journal                      Page 0934
Representative Josephson objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 11 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 49(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 11                                                                                                                
                                                                                                                                
YEAS:  14   NAYS:  24   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Jackson, Johnson, Merrick, Pruitt,                                                                   
Rasmussen, Rauscher, Revak, Shaw, Sullivan-Leonard, Talerico,                                                                   
Tilton, Vance                                                                                                                   
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
LeDoux, Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson,                                                               
Wilson, Wool, Zulkosky                                                                                                          
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, Amendment No. 11 was not adopted.                                                                                       
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
CSHB 49(FIN) am be considered engrossed, advanced to third                                                                      
reading, and placed on final passage.                                                                                           
                                                                                                                                
Representative Pruitt objected and withdrew the objection.  There                                                               
being no further objection, it was so ordered.                                                                                  
                                                                                                                                
CSHB 49(FIN) am was read the third time.                                                                                        
                                                                                                                                
The question being:  "Shall CSHB 49(FIN) am pass the House?"  The                                                               
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 49(FIN) am                                                                                                                 
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  24   NAYS:  14   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               

2019-05-08                     House Journal                      Page 0935
LeDoux, Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson,                                                               
Wilson, Wool, Zulkosky                                                                                                          
                                                                                                                                
Nays:  Carpenter, Eastman, Hopkins, Jackson, Merrick, Pruitt,                                                                   
Rasmussen, Rauscher, Revak, Shaw, Sullivan-Leonard, Talerico,                                                                   
Tilton, Vance                                                                                                                   
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, CSHB 49(FIN) am passed the House.                                                                                       
                                                                                                                                
Representative Thompson moved the court rule changes.                                                                           
                                                                                                                                
The question being:  "Shall the court rule changes be adopted?"  The                                                            
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 49(FIN) am                                                                                                                 
Third Reading                                                                                                                   
Court Rule Changes                                                                                                              
                                                                                                                                
YEAS:  35   NAYS:  3   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp,                                                                    
Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Merrick, Ortiz, Pruitt,                                                                 
Rasmussen, Rauscher, Revak, Shaw, Spohnholz, Story, Stutes,                                                                     
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Wilson, Wool,                                                               
Zulkosky                                                                                                                        
                                                                                                                                
Nays:  Carpenter, Eastman, Vance                                                                                                
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, the court rule changes were adopted.                                                                                    
                                                                                                                                
Representative Thompson moved the effective date clause.                                                                        
                                                                                                                                
The question being:  "Shall the effective date clause be adopted?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 49(FIN) am                                                                                                                 
Third Reading                                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                

2019-05-08                     House Journal                      Page 0936
Yeas:  Carpenter, Claman, Drummond, Eastman, Edgmon, Fields,                                                                    
Foster, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson,                                                                 
Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Merrick,                                                                   
Ortiz, Pruitt, Rasmussen, Rauscher, Revak, Shaw, Spohnholz, Story,                                                              
Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Vance,                                                              
Wilson, Wool, Zulkosky                                                                                                          
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, the effective date clause was adopted.                                                                                  
                                                                                                                                
Representative Pruitt later gave notice of reconsideration of the vote                                                          
on CSHB 49(FIN) am and reconsideration was taken up then.                                                                       
                                                                                                                                
HB 96                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 96                                                                                                           
    "An Act relating to Alaska Pioneers' Home and Alaska Veterans'                                                              
    Home rates and services."                                                                                                   
                                                                                                                                
with the: Journal Page                                                                                                          
                                                                                                                                
 STA RPT CS(STA) 2DP 4NR 440                                                                                                    
 FN1: (H.STA/DHS) 440                                                                                                           
 FN2: (H.STA/DHS) 440                                                                                                           
 HSS RPT CS(STA) 4DP 1NR 1AM 689                                                                                                
 FN3: (DHS) 689                                                                                                                 
 FN4: (DHS) 689                                                                                                                 
 FIN RPT CS(FIN) NT 4DP 6NR 810                                                                                                 
 FN3: (DHS) 811                                                                                                                 
 FN5: (DHS) 811                                                                                                                 
 CORRECTED FIN RPT CS(FIN) NT 4DP 6NR 830                                                                                       
 FN5: (DHS)(CORRECTED) 830                                                                                                      
 FN6: (DHS) 830                                                                                                                 
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the following committee substitute be adopted in lieu of the original                                                           
bill:                                                                                                                           
                                                                                                                                
                                                                                                                                

2019-05-08                     House Journal                      Page 0937
    CS FOR HOUSE BILL NO. 96(FIN)                                                                                               
    "An Act relating to Alaska Pioneers' Home and Alaska Veterans'                                                              
    Home payments, rates, and services."                                                                                        
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
CSHB 96(FIN) be considered engrossed, advanced to third reading,                                                                
and placed on final passage.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 96(FIN) will advance to third reading on tomorrow's calendar.                                                              
                                                                                                                                
                     SECOND READING OF SENATE BILLS                                                                          
                                                                                                                                
SB 61                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    SENATE BILL NO. 61                                                                                                          
    "An Act relating to claims against protection and indemnity                                                                 
    insurance policies of vessel owners."                                                                                       
                                                                                                                                
with the:                                                   Journal Page                                                        
                                                                                                                                
 FIN RPT 9DP                                                          718                                                       
 FN1: (LWF)                                                           718                                                       
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
SB 61 be considered engrossed, advanced to third reading, and placed                                                            
on final passage.  There being no objection, it was so ordered.                                                                 
                                                                                                                                
SB 61 was read the third time.                                                                                                  
                                                                                                                                
The question being:  "Shall SB 61 pass the House?"  The roll was                                                                
taken with the following result:                                                                                                
                                                                                                                                
SB 61                                                                                                                           
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                

2019-05-08                     House Journal                      Page 0938
Yeas:  Carpenter, Claman, Drummond, Eastman, Edgmon, Fields,                                                                    
Foster, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson,                                                                 
Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Merrick,                                                                   
Ortiz, Pruitt, Rasmussen, Rauscher, Revak, Shaw, Spohnholz, Story,                                                              
Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Vance,                                                              
Wilson, Wool, Zulkosky                                                                                                          
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, SB 61 passed the House, was signed by the Speaker and Chief                                                             
Clerk, and returned to the Senate.                                                                                              
                                                                                                                                
                      THIRD READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 122                                                                                                                        
The Speaker stated that, without objection, the following, which was                                                            
advanced to third reading from the May 7 calendar (page 834), would                                                             
be held to tomorrow's calendar:                                                                                                 
                                                                                                                                
    HOUSE BILL NO. 122                                                                                                          
    "An Act relating to the Funter Bay marine park unit of the state                                                            
    park system; relating to protection of the social and historical                                                            
    significance of the Unangax^ cemetery located in Funter Bay and                                                             
    providing for the amendment of the management plan for the                                                                  
    Funter Bay marine park unit; and providing for an effective date."                                                          
                                                                                                                                
                          LEGISLATIVE CITATIONS                                                                              
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the House approve the citations on the calendar.  There being no                                                                
objection, the following citations were approved and sent to enrolling:                                                         
                                                                                                                                
Honoring - Richard Beneville                                                                                                    
By Representatives Foster, Drummond; Senator Olson                                                                              
                                                                                                                                
In Memoriam - Ruth Ann Hentges                                                                                                  
By Senator Stevens; Representative Stutes                                                                                       
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-05-08                     House Journal                      Page 0939
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the following members be excused from a call of the House.  There                                                               
being no objection, the members were excused as noted:                                                                          
                                                                                                                                
Representative Rasmussen – from 11:00 a.m., May 10 to 11:00 a.m.,                                                               
May 11                                                                                                                          
                                                                                                                                
Representative Merrick – from 8:00 a.m. to 5:00 p.m., May 11                                                                    
                                                                                                                                
Representative Edgmon – from 7:30 p.m., May 16 to 10:00 p.m.,                                                                   
May 19                                                                                                                          
                                                                                                                                
                             RECONSIDERATION                                                                                 
                                                                                                                                
HB 49                                                                                                                         
Representative Pruitt gave notice of reconsideration of the vote on                                                             
CSHB 49(FIN) am (page 934).                                                                                                     
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that                                                                    
reconsideration of CSHB 49(FIN) am be taken up on the same day.                                                                 
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
The following was before the House in third reading:                                                                            
                                                                                                                                
    CS FOR HOUSE BILL NO. 49(FIN) am                                                                                            
    "An Act relating to criminal law and procedure; relating to pretrial                                                        
    services; establishing the crime of possession of motor vehicle                                                             
    theft tools; relating to electronic monitoring; relating to controlled                                                      
    substances; relating to probation and parole; relating to                                                                   
    sentencing; amending the definitions of 'most serious felony,' 'sex                                                         
    offense,' and 'sex offender'; relating to registration of sex                                                               
    offenders; relating to operating under the influence; relating to                                                           
    refusal to submit to a chemical test; relating to the duties of the                                                         
    commissioner of corrections; relating to testing of sexual assault                                                          
    examination kits; relating to reports of involuntary commitment;                                                            
    amending Rules 6(r)(6) and 38.2, Alaska Rules of Criminal                                                                   
    Procedure; and providing for an effective date."                                                                            
                                                                                                                                
                                                                                                                                

2019-05-08                     House Journal                      Page 0940
The question to be reconsidered:  "Shall CSHB 49(FIN) am pass the                                                               
House?"  The roll was taken with the following result:                                                                          
                                                                                                                                
CSHB 49(FIN) am                                                                                                                 
Third Reading                                                                                                                   
Final Passage                                                                                                                   
Reconsideration                                                                                                                 
                                                                                                                                
YEAS:  24   NAYS:  14   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Claman, Drummond, Edgmon, Fields, Foster,                                                                     
Hannan, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                                
LeDoux, Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson,                                                               
Wilson, Wool, Zulkosky                                                                                                          
                                                                                                                                
Nays:  Eastman, Hopkins, Jackson, Johnson, Merrick, Pruitt,                                                                     
Rasmussen, Rauscher, Revak, Shaw, Sullivan-Leonard, Talerico,                                                                   
Tilton, Vance                                                                                                                   
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, CSHB 49(FIN) am passed the House on reconsideration.                                                                    
                                                                                                                                
Representative Thompson moved the court rule changes.                                                                           
                                                                                                                                
The question being:  "Shall the court rule changes be adopted?"  The                                                            
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 49(FIN) am                                                                                                                 
Third Reading                                                                                                                   
Court Rule Changes                                                                                                              
Reconsideration                                                                                                                 
                                                                                                                                
YEAS:  34   NAYS:  4   EXCUSED:  2   ABSENT:  0                                                                               
Yeas:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp,                                                                    
Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Merrick, Ortiz, Pruitt,                                                                 
Rasmussen, Revak, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard,                                                             
Talerico, Tarr, Thompson, Tilton, Wilson, Wool, Zulkosky                                                                        
                                                                                                                                
Nays:  Carpenter, Eastman, Rauscher, Vance                                                                                      
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, the court rule changes were adopted.                                                                                    
                                                                                                                                

2019-05-08                     House Journal                      Page 0941
Representative Thompson moved the effective date clause.                                                                        
                                                                                                                                
The question being:  "Shall the effective date clause be adopted?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 49(FIN) am                                                                                                                 
Third Reading                                                                                                                   
Effective Date                                                                                                                  
Reconsideration                                                                                                                 
                                                                                                                                
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Drummond, Eastman, Edgmon, Fields,                                                                    
Foster, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson,                                                                 
Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Merrick,                                                                   
Ortiz, Pruitt, Rasmussen, Rauscher, Revak, Shaw, Spohnholz, Story,                                                              
Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Vance,                                                              
Wilson, Wool, Zulkosky                                                                                                          
                                                                                                                                
Excused:  Neuman, Tuck                                                                                                          
                                                                                                                                
And so, the effective date clause was adopted.                                                                                  
                                                                                                                                
CSHB 49(FIN) am was referred to the Chief Clerk for engrossment.                                                                
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
HB 28                                                                                                                         
Representative Hopkins added as a cosponsor to:                                                                                 
                                                                                                                                
    HOUSE BILL NO. 28                                                                                                           
    "An Act relating to an annual report concerning the payment of                                                              
    equal pay for comparable work; increasing the minimum wage;                                                                 
    and providing for an effective date."                                                                                       
                                                                                                                                
SB 61                                                                                                                         
Representative Ortiz added as a cross sponsor to:                                                                               
                                                                                                                                
    SENATE BILL NO. 61                                                                                                          
    "An Act relating to claims against protection and indemnity                                                                 
    insurance policies of vessel owners."                                                                                       
                                                                                                                                

2019-05-08                     House Journal                      Page 0942
SB 95                                                                                                                         
Representative Rauscher added as a cross sponsor to:                                                                            
                                                                                                                                
    SENATE BILL NO. 95                                                                                                          
    "An Act approving the transfer of certain Alaska Railroad                                                                   
    Corporation land; and providing for an effective date."                                                                     
                                                                                                                                
                               ENGROSSMENT                                                                                   
                                                                                                                                
HB 49                                                                                                                         
CSHB 49(FIN) am was engrossed, signed by the Speaker and Chief                                                                  
Clerk, and transmitted to the Senate for consideration.                                                                         
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
With appointment of the Conference Committee on the operating                                                                   
budget, Rule 23(d) of the Uniform Rules is in effect as of May 6.                                                               
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
The following meetings today were changed:                                                                                      
                                                                                                                                
Finance Committee                                           CANCELED                                                            
                                                                                                                                
Judiciary Committee                                         CANCELED                                                            
                                                                                                                                
Labor & Commerce Committee                                                                                                      
CHANGED TO:                                                     4:00 p.m.                                                       
                                                                                                                                
Resources Committee                                                                                                             
CHANGED TO:                                            upon adjournment                                                         
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the House adjourn until 10:30 a.m., May 9.  There being no objection,                                                           
the House adjourned at 3:23 p.m.                                                                                                
                                                                                                                                
                                             Crystaline Jones                                                                   
                                             Chief Clerk