Legislature(2005 - 2006)

2006-05-04 House Journal

Full Journal pdf

2006-05-04                     House Journal                      Page 3648
SB 216                                                                                            
The following, which had been moved to the bottom of the calendar                                   
(page 3635), was read the second time:                                                              
                                                                                                    
    CS FOR SENATE BILL NO. 216(JUD)                                                                 
    "An Act relating to bail and unlawful evasion; and providing for                                
    an effective date."                                                                             
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FIN RPT HCS(FIN) 4DP 3NR                                           3253                            
 FN1: ZERO(COR)                                                     3254                            
 FN2: INDETERMINATE(ADM)                                            3254                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 216(FIN)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representatives Berkowitz and                                        
Seaton:                                                                                             
                                                                                                    
Page 1, line 1, following "evasion;" (title amendment):                                           
 Insert "relating to methamphetamines; relating to illegal drug                                   
manufacturing sites;"                                                                             
                                                                                                    
Page 2, following line 31:                                                                          
 Insert new bill sections to read:                                                                  
   "* Sec. 5. AS 11.71.020(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                                     
    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                                

2006-05-04                     House Journal                      Page 3649
    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; [OR]                                                                                   
      (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 isomer;                                                
      (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;                                                                  
               (ii)  an immediate precursor of                                                  
             methamphetamine, or its salts, isomers, or salts of                                

2006-05-04                     House Journal                      Page 3650
             isomers; or                                                                        
               (iii)  methamphetamine or its salts, isomers, or                                 
             salts of isomers in an organic solution.                                           
   * Sec. 6. AS 11.71.020 is amended by adding a new subsection to                                
read:                                                                                               
     (d)  In a prosecution under (a) of this section, possession of                                 
    more than six grams of the listed chemicals ephedrine,                                          
    pseudoephedrine, phenylpropanolamine, 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.                                                          

2006-05-04                     House Journal                      Page 3651
   * Sec. 7. 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                               
    degree if the person                                                                            
      (1)  under circumstances not proscribed under                                                 
    AS 11.71.020(a)(2) - (6) [AS 11.71.020(a)(2) - (4)], 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;                                     
      (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;                             
    or                                                                                              
      (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.                                                                    
   * Sec. 8. AS 11.71 is amended by adding a new section to article 2                             
to read:                                                                                            
     Sec. 11.71.210. Purchase or receipt of restricted amounts                                    
    of certain listed chemicals. (a) A person commits the crime of                                
    purchase or receipt of restricted amounts of certain listed                                     
    chemicals if the person purchases or receives more than six grams                               
    of the following listed chemical, its salts, isomers, or salts of                               
    isomers within any 30-day period:                                                               
      (1)  ephedrine under AS 11.71.200(4);                                                         
      (2)  pseudoephedrine under AS 11.71.200(13);                                                  
      (3)  phenylpropanolamine under AS 11.71.200(11).                                              
     (b)  This section does not apply to a person who lawfully                                      
    purchases or receives                                                                           
      (1)  more than six grams of a listed chemical identified in                                   
    (a) of this section                                                                             
           (A)  that was dispensed to the person under a valid                                      
         prescription; or                                                                           
           (B)  in the ordinary course of a legitimate business, or                                 
         to an employee of a legitimate business, as a                                              

2006-05-04                     House Journal                      Page 3652
               (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)  a health care professional licensed by the                                      
             state; or                                                                              
      (2)  more than six but less than 24 grams of a listed                                         
    chemical identified in (a) of this section in the ordinary course of a                          
    legitimate business or nonprofit organization, or as an employee                                
    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.                                      
     (c)  Purchase or receipt of restricted amounts of certain listed                               
    chemicals is a class C felony."                                                                 
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, following line 27:                                                                          
 Insert new bill sections to read:                                                                  
   "* Sec. 11. AS 12.30.023 is amended by adding a new subsection to                              
read:                                                                                               
     (b)  In addition to conditions the court may impose under (a)                                  
    of this section and notwithstanding other provisions in this                                    
    chapter, if the defendant is charged with manufacturing                                         
    methamphetamine under AS 11.71.020(a)(2), unless the defendant                                  
    proves to the satisfaction of the court that the defendant's only role                          
    in the offense was as an aider or abettor and that the defendant did                            
    not stand to benefit financially from the manufacturing, the court                              
    shall require the posting of a minimum of $250,000 cash bond if                                 
    the defendant has previously been convicted in this or another                                  
    jurisdiction of manufacturing, delivering, or possessing                                        
    methamphetamine.                                                                                
   * Sec. 12. AS 12.55.125(c) is amended to read:                                                 
     (c)  Except as provided in (i) of this section, a defendant                                    
    convicted of a class A felony may be sentenced to a definite term                               

2006-05-04                     House Journal                      Page 3653
    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 to                              
    eight years;                                                                                    
      (2)  if the offense is a first felony conviction                                              
           (A)  and the defendant possessed a firearm, used a                                   
         dangerous instrument, or caused serious physical injury or                                 
         death during the commission of the offense, or knowingly                                   
         directed the conduct constituting the offense at a uniformed or                            
         otherwise clearly identified peace officer, fire fighter,                                  
         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 11.71.020(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 to 14                                   
    years;                                                                                          
      (4)  if the offense is a third felony conviction and the                                      
    defendant is not subject to sentencing under (l) of this section, 15                            
    to 20 years.                                                                                    
   * Sec. 13. 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                               
    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                                 

2006-05-04                     House Journal                      Page 3654
    involve circumstances described in (2) of this subsection, one to                               
    three 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 child under 16 years of age, two to four years;                               
           (B)  two to four years if the conviction is for an                                   
         attempt, solicitation, or conspiracy to manufacture related                            
         to methamphetamine under AS 11.31 and AS                                               
         11.71.020(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;                                                        
      (3)  if the offense is a second felony conviction, four to                                    
    seven years;                                                                                    
      (4)  if the offense is a third felony conviction, six to 10                                   
    years.                                                                                          
   * Sec. 14. AS 12.55.185 is amended by adding a new paragraph to                                
read:                                                                                               
      (19)  "building" has the meaning given in AS 11.81.900.                                       
   * Sec. 15. AS 17.30 is amended by adding a new section to article 1                            
to read:                                                                                            
     Sec. 17.30.090. Sale or purchase of certain listed                                           
    chemicals. (a) A seller, retailer, or vendor may not sell for                                 
    personal use and a person may not purchase for personal use                                     
    ephedrine base, pseudoephedrine base, or phenylpropanolamine                                    
    base, as those terms are used in P.L. 109-177, 120 Stat. 192,                                   

2006-05-04                     House Journal                      Page 3655
    unless that sale or purchase complies with and meets the                                        
    requirements of P.L. 109-177, 120 Stat. 192, with regard to                                     
    amounts, identification required, storage, access and availability,                             
    and logbooks. A seller, retailer, or vendor shall maintain the                                  
    logbook for the period required under P.L. 109-177, 120 Stat. 192,                              
    and shall allow law enforcement officers access to the logbook.                                 
    Each seller, retailer, and vendor shall provide training to the                                 
    seller's, retailer's, or vendor's employees and agents in the                                   
    requirements of this section. The Department of Public Safety                                   
    shall provide assistance and information to sellers, retailers, and                             
    vendors to meet the requirements of this section.                                               
     (b)  A seller, retailer, or vendor may not sell to a person under                              
    16 years of age and a person under 16 years of age may not                                      
   purchase a product or substance identified in (a) of this section.                              
     (c)  Nothing in this section limits the authority of a seller,                                 
    retailer, or vendor regulated by this section to report to a law                                
    enforcement agency or officer suspicious purchases of a chemical,                               
    product, or substance. A seller, retailer, or vendor is not liable in a                         
    civil action for release of information to a law enforcement agency                             
    concerning matters related to this section.                                                     
     (d)  A seller, retailer, or vendor does not violate this section if                            
    the seller, retailer, or vendor proves by a preponderance of the                                
    evidence that the seller, retailer, or vendor                                                   
      (1)  exercised the degree of care of a reasonable employer                                    
    to ensure compliance with (a) - (c) of this section; and                                        
      (2)  determined that the employees and agents of the                                          
    seller, retailer, or vendor had been notified of the requirements of                            
    this section by                                                                                 
           (A)  securing each employee's or agent's written                                         
         acknowledgment of notification of those requirements; or                                   
             (B)  making another appropriate determination.                                        
         (e)  A person who violates this section shall forfeit and pay to                           
    the state a civil penalty of not more than $10,000 for each                                     
    violation."                                                                                     
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Page 3, following line 31:                                                                          
 Insert new bill sections to read:                                                                  

2006-05-04                     House Journal                      Page 3656
   "* Sec. 17. AS 46.03.500 is amended by adding a new subsection to                              
read:                                                                                               
     (f)  The department shall maintain on its Internet website a list                              
    of all properties for which a notice has been issued under (a) of                               
    this section. For each of those properties, the list must contain the                           
    parcel identification number, legal description, and physical                                   
    address and owner's name at the time the notice was issued.                                     
   * Sec. 18. AS 46.03.550(b) is amended to read:                                                 
     (b)  The department shall maintain a list of properties for                                    
    which the department has received notice under AS 46.03.500(c).                                 
    When the department determines under (a) of this section that a                                 
    property on the list is fit for use, the department shall note on the                       
    list maintained on its Internet website under AS 46.03.500(f),                              
    and on any other list or database it maintains related to illegal                           
    drug manufacturing sites, that the property is fit for use                                  
    [REMOVE THE PROPERTY FROM THE LIST] and shall notify                                        
    the owner of the property that the property is fit for use. The                             
    property shall remain on the lists or databases for five years                              
    after it is determined that the property is fit for use and shall                           
    be removed from the lists or databases within three months                                  
    after the five year period has elapsed. On request, the                                     
    department shall give a copy of the list maintained under this                                  
    section to any person who requests the list."                                                   
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 4, following line 2:                                                                           
 Insert a new bill section to read:                                                                 
   "* Sec. 20. The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 APPLICABILITY. Sections 5 - 8 and 11 - 15 of this Act apply to                                     
offenses committed on or after the effective date of this Act."                                     
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Coghill objected.                                                                    
                                                                                                    

2006-05-04                     House Journal                      Page 3657
Amendment to Amendment No. 1 was offered  by Representative                                          
Berkowitz:                                                                                          
                                                                                                    
 Delete secs. 15, 17, and 18.                                                                       
                                                                                                    
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
HCS CSSB 216(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 1 as amended                                                                          
                                                                                                    
YEAS:  15   NAYS:  23   EXCUSED:  0   ABSENT:  2                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Elkins, Gara, Gardner,                                   
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon,                                     
Seaton                                                                                              
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris,                               
Hawker, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman,                                       
Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch,                                       
Wilson                                                                                              
                                                                                                    
Absent:  Holm, Lynn                                                                                 
                                                                                                    
And so, Amendment No. 1 as amended was not adopted.                                                 
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Croft:                                                
                                                                                                    
Page 3, following line 17:                                                                          
 Insert a new subparagraph to read:                                                                 
           "(D)  defendant's need for a serious health                                          
         assessment or treatment that the court finds cannot be                                 
           accommodated in the facility or telephonically; or"                                 
                                                                                                    
Reletter the following subparagraph accordingly.                                                    
                                                                                                    

2006-05-04                     House Journal                      Page 3658
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 216(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  14   NAYS:  25   EXCUSED:  0   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Elkins, Gara, Gardner,                                   
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon                                      
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris,                               
Hawker, Holm, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer,                                         
Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze,                                          
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    
Absent:  Lynn                                                                                       
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HCS CSSB 216(FIN) be considered engrossed, advanced to third                                        
reading, and placed on final passage.                                                               
                                                                                                    
There was objection.                                                                                
                                                                                                    
HCS CSSB 216(FIN) will advance to third reading on tomorrow's                                       
calendar.