Legislature(2003 - 2004)
2004-05-10 House Journal
Full Journal pdf2004-05-10 House Journal Page 4167 SB 170 HCS CSSB 170(FIN) was again before the House in third reading. Representative Rokeberg placed a call of the House on the calendar and lifted the call. **Representative Coghill moved and asked unanimous consent that Representative Moses be excused from a call of the House for the remainder of this legislative day. There being no objection, it was so ordered. Representative Rokeberg placed a call of the House. The Speaker stated the call was satisfied. Representative Rokeberg lifted the call. 2004-05-10 House Journal Page 4168 **Representative Coghill moved and asked unanimous consent that Representative Fate be excused from a call of the House for the remainder of this legislative day. There being no objection, it was so ordered. Representative Berkowitz moved and asked unanimous consent that HCS CSSB 170(FIN) be returned to second reading for the specific purpose of considering Amendment No. 4. There being no objection, it was so ordered. Amendment No. 4 was offered by Representatives Berkowitz and McGuire: Page 1, line 12, following "blood;" (title amendment): Insert "increasing the duration of certain provisions of domestic violence protective orders from six months to one year;" Page 14, following line 4: Insert a new bill section to read: "* Sec. 25. AS 18.66.100(b) is amended to read: (b) When a petition for a protective order is filed, the court shall schedule a hearing and provide at least 10 days' notice to the respondent of the hearing and of the respondent's right to appear and be heard, either in person or by an attorney. If the court finds by a preponderance of evidence that the respondent has committed a crime involving domestic violence against the petitioner, regardless of whether the respondent appears at the hearing, the court may order any relief available under (c) of this section. The provisions of a protective order issued under (1) (c)(1) of this section are effective until further order of the court; (2) (c)(2) - (16) of this section are effective for one year [SIX MONTHS] unless earlier dissolved by court order." Renumber the following bill sections accordingly. Page 18, lines 19 - 20: Delete "26, 31, 32, and 34(b)" Insert "27, 32, 33, and 35(b)" 2004-05-10 House Journal Page 4169 Page 18, line 22: Delete "Sections 27 and 29" Insert "Sections 28 and 30" Page 18, line 24: Delete "sec. 27" Insert "sec. 28" Delete "sec. 29" Insert "sec. 30" Page 18, line 25: Delete "secs. 27 and 29" Insert "secs. 28 and 30" Page 18, line 30: Delete "25, 28, and 30" Insert "26, 29, and 31" Page 19, line 1: Delete "Section 33" Insert "Section 34" Page 19, line 3: Delete "This Act takes" Insert "Sections 1 - 24 and 26 - 36 of this Act take" Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered and the new title follows: HOUSE CS FOR CS FOR SENATE BILL NO. 170(FIN) am H "An Act relating to the justification of defense of self or others, immunity from prosecution, sentencing, probation, discretionary parole, and the right to representation in certain criminal proceedings; relating to violation of a custodian's duty; relating to sexual abuse of a minor; relating to release of information concerning certain cases involving a minor; relating to local options regarding alcoholic beverages, the offense of furnishing or delivery of alcoholic beverages to a person under 21 years of age, and forfeiture of property used in, and money or other items of 2004-05-10 House Journal Page 4170 value used in financial transactions derived from, violation of certain laws relating to alcoholic beverages; relating to assault by means of a dangerous instrument; relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, to the refusal to submit to a chemical test, and to the presumptions concerning the chemical analysis of breath or blood; increasing the duration of certain provisions of domestic violence protective orders from six months to one year; and providing for an effective date." Representative Gruenberg moved and asked unanimous consent that HCS CSSB 170(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 6. There being no objection, it was so ordered. The Speaker stated that, without objection, the rules would be suspended and the bill would be returned to second reading for all amendments. Amendment No. 6 was offered by Representatives Gruenberg, Weyhrauch, Gatto, Masek, and Berkowitz: Page 1, line 2 (title amendment): Delete "sentencing" Page 12, line 12, through page 14, line 4: Delete all material. Renumber the following bill sections accordingly. Page 17, line 20, through page 18, line 9: Delete all material. Renumber the following bill sections accordingly. Page 18, line 15: Delete "(a)" Page 18, line 16: Delete all material. 2004-05-10 House Journal Page 4171 Page 18, lines 19 - 20: Delete "23, 24, 26, 31, 32, and 34(b)" Insert "and 24" Page 18, line 22: Delete "Sections 27 and 29" Insert "Sections 25 and 27" Page 18, line 24: Delete "sec. 27" Insert "sec. 25" Delete "sec. 29" Insert "sec. 27" Page 18, line 25: Delete "secs. 27 and 29" Insert "secs. 25 and 27" Page 18, line 30: Delete "25, 28, 30" Insert "23, 26, 28" Page 19, line 1: Delete "Section 33" Insert "Section 29" Representative Gruenberg moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Samuels objected. Representative McGuire placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 2004-05-10 House Journal Page 4172 HCS CSSB 170(FIN) am H--RECONSIDERATION Second Reading Amendment No. 6 YEAS: 20 NAYS: 18 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gatto, Gruenberg, Guttenberg, Heinze, Joule, Kerttula, Kohring, Kookesh, Masek, Morgan, Ogg, Seaton, Weyhrauch, Wilson, Wolf Nays: Anderson, Chenault, Coghill, Dahlstrom, Foster, Harris, Hawker, Holm, Kapsner, Kott, Lynn, McGuire, Meyer, Rokeberg, Samuels, Stepovich, Stoltze, Williams Excused: Fate, Moses And so, Amendment No. 6 was adopted and the new title follows: HOUSE CS FOR CS FOR SENATE BILL NO. 170(FIN) am H "An Act relating to the justification of defense of self or others, immunity from prosecution, probation, discretionary parole, and the right to representation in certain criminal proceedings; relating to violation of a custodian's duty; relating to sexual abuse of a minor; relating to release of information concerning certain cases involving a minor; relating to local options regarding alcoholic beverages, the offense of furnishing or delivery of alcoholic beverages to a person under 21 years of age, and forfeiture of property used in, and money or other items of value used in financial transactions derived from, violation of certain laws relating to alcoholic beverages; relating to assault by means of a dangerous instrument; relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, to the refusal to submit to a chemical test, and to the presumptions concerning the chemical analysis of breath or blood; increasing the duration of certain provisions of domestic violence protective orders from six months to one year; and providing for an effective date." Amendment No. 3 was offered by Representative Weyhrauch: Page 18, following line 16: Insert a new bill section to read: 2004-05-10 House Journal Page 4173 " * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to read: REPORT ON IMPLEMENTATION OF SECS. 24 AND 27 OF THIS ACT. The Department of Law, in consultation with the Department of Corrections, Department of Public Safety, Department of Administration;, Public Defender Agency, Office of Public Advocacy, and the Alaska Court System shall prepare a report on the implementation of secs. 24 and 27 of the Act. The report shal be submitted by February 1, 2006 to the governor and the legislature." Renumber the following bill sections accordingly. Representative Weyhrauch moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard. Amendment to Amendment No. 3 was offered by Representative Gruenberg: Delete "the implementation of secs. 24 and 27 of this Act" Insert "mandatory consecutive sentences" Representative McGuire objected. The question being: "Shall Amendment to Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 170(FIN) am H--RECONSIDERATION Second Reading Amendment to Amendment No. 3 YEAS: 18 NAYS: 20 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Gara, Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, Ogg, Weyhrauch, Wilson Nays: Anderson, Chenault, Dahlstrom, Foster, Harris, Hawker, Heinze, Holm, Kott, Lynn, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wolf 2004-05-10 House Journal Page 4174 Excused: Fate, Moses And so, Amendment to Amendment No. 3 was not adopted. Representative Weyhrauch moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Weyhrauch: Page 14, line 30: Delete "20" Insert "10" Page 16, line 13: Delete "20" Insert "10" Representative Weyhrauch moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Berkowitz objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 170(FIN) am H--RECONSIDERATION Second Reading Amendment No. 5 YEAS: 35 NAYS: 3 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Berkowitz, Kerttula, Lynn Excused: Fate, Moses And so, Amendment No. 5 was adopted. 2004-05-10 House Journal Page 4175 HCS CSSB 170(FIN) am H was automatically in third reading. The question to be reconsidered: "Shall HCS CSSB 170(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 170(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Fate, Moses And so, HCS CSSB 170(FIN) am H passed the House on reconsideration. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 170(FIN) am H was referred to the Chief Clerk for engrossment.