Legislature(2005 - 2006)
2006-01-19 Senate Journal
Full Journal pdf2006-01-19 Senate Journal Page 1941 HB 149 SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) "An Act relating to controlled substances; relating to the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; relating to the manufacture of methamphetamine and to the sale, possession, and delivery of certain substances and precursors used in the manufacture of methamphetamine; relating to listing certain anabolic steroids as controlled substances; amending Rule 41, Alaska Rules of Criminal Procedure; and providing for an effective date" was read the third time. 2006-01-19 Senate Journal Page 1942 Senator Green moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senators Green, Wagoner offered Amendment No. 1 : Page 1, line 6, following "Alaska Rules of Criminal Procedure": Insert ", and Rule 65, Alaska Rules of Civil Procedure" Page 16, line 9 following "salts of isomers": Insert "as the sole active ingredient" Page 16, line 13, following "public.": Insert "The commissioner of public safety may issue an emergency regulation with an immediate effective date that requires other products or substances containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, to be subject to the requirements of this subsection if the commissioner determines that the product or substance has been diverted to the illegal manufacture of methamphetamine products in this state, and presents a risk of further diversion to the illegal manufacture of methamphetamine products if not subject to the requirements of this subsection. The regulation is not subject to challenge under AS 44.62.300(2). A court reviewing the regulation under AS 44.62.300 may not grant a temporary restraining order or preliminary injunction." Page 18, following line 9: Insert a new bill section to read: "* Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to read: INDIRECT COURT RULE AMENDMENT. The prohibition on temporary restraining orders and preliminary injunctions in AS 17.30.090(b), added by sec. 18 of this Act, has the effect of amending Rule 65, Alaska Rules of Civil Procedure." Renumber the following bill sections accordingly. 2006-01-19 Senate Journal Page 1943 Page 18, line 17: Delete ", 21, and 22" Insert "and 21 - 23" Senator Green moved for the adoption of Amendment No. 1. Senator Ellis objected. Senator Wagoner moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 1: Line 2, following "effective date" Insert "naming a product or substance by brand" Line 5, following "substance" Insert "named in the regulation" Line 5, following "has been" Delete "diverted to" Insert "found in connection with" Senator Wagoner moved and asked unanimous consent to withdraw the amendment to Amendment No. 1. Without objection, the amendment to Amendment No. 1 was withdrawn. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 149(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Huggins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Kookesh, Olson Excused: Hoffman, Seekins and so, Amendment No. 1 was adopted. 2006-01-19 Senate Journal Page 1944 SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S "An Act relating to controlled substances; relating to the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; relating to the manufacture of methamphetamine and to the sale, possession, and delivery of certain substances and precursors used in the manufacture of methamphetamine; relating to listing certain anabolic steroids as controlled substances; amending Rule 41, Alaska Rules of Criminal Procedure, and Rule 65, Alaska Rules of Civil Procedure; and providing for an effective date" was automatically in third reading. Senator Ellis moved to divide the question as follows: The marijuana sections are Sections 1, 2, 7, 8, 9, 10 The meth sections are Sections 3, 4, 5, 6, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 (The mixed section is Section 23 that refers to the applicability of the new statute and states that the bill applies to offenses committed on or after the effective date of the Act. If we divide the bill and one portion passes and one portion fails then this section would need to be changed.) President Stevens ruled the question is divisible. The question being: "Shall the question be divided?" The roll was taken with the following result: SCS CSHB 149(FIN) am S Third Reading - Final Passage Divide the question? YEAS: 8 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Davis, Dyson, Ellis, Elton, French, Guess, Kookesh, Olson Nays: Bunde, Cowdery, Green, Huggins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Hoffman, Seekins and so, the question was not divided. 2006-01-19 Senate Journal Page 1945 Senator French moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senator French offered Amendment No. 2 : Page 1, line 11: Delete "SECS. 7 - 10" Insert "SECS. 6 - 9" Delete "secs. 7 - 10" Insert "secs. 6 - 9" Page 1, lines 12 - 13: Delete "and to provide legislative findings concerning this Act regarding marijuana and its effects in this state" Page 2, line 1, through page 4, line 9: Delete all material. Page 18, line 6: Delete "Section 13" Insert "Section 12" Page 18, line 12: Delete "sec. 16" Insert "sec. 15" Page 18, line 17: Delete "Sections 1 - 18, 21, and 22" Insert "Sections 1 - 17, 20, and 21" Senator French moved for the adoption of Amendment No. 2. Senator Green objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 2006-01-19 Senate Journal Page 1946 SCS CSHB 149(FIN) am S Second Reading Amendment No. 2 YEAS: 7 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Kookesh, Olson Nays: Bunde, Cowdery, Dyson, Green, Huggins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Hoffman, Seekins and so, Amendment No. 2 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S was automatically in third reading. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the bill was returned to second reading. Senator Ellis offered Amendment No. 3 : Page 10, lines 3 - 10: Delete all material. Insert "(1) uses or displays in public in the presence of one or more individuals any amount of a schedule VIA controlled substance [OR POSSESSES ONE OR MORE PREPARATIONS, COMPOUNDS, MIXTURES, OR SUBSTANCES OF AN AGGREGATE WEIGHT OF LESS THAN ONE-HALF POUND CONTAINING A SCHEDULE VIA CONTROLLED SUBSTANCE]; or (2) refuses entry into a premise for an inspection authorized under AS 17.30." Page 15, lines 2 - 28: Delete all material. Renumber the following bill sections accordingly. Page 18, lines 10 - 14: Delete all material. 2006-01-19 Senate Journal Page 1947 Page 18, line 17: Delete "Sections 1 - 18, 21, and 22" Insert "Sections 1 - 17 and 20" Senator Ellis moved for the adoption of Amendment No. 3. Senator Gary Stevens objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 149(FIN) am S Second Reading Amendment No. 3 YEAS: 7 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Kookesh, Olson Nays: Bunde, Cowdery, Dyson, Green, Huggins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Hoffman, Seekins and so, Amendment No. 3 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S was automatically in third reading. Senators Wilken, Dyson moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S "An Act relating to controlled substances; relating to the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; relating to the manufacture of methamphetamine and to the sale, possession, and delivery of certain substances and precursors used in the manufacture of methamphetamine; relating to listing certain anabolic steroids as controlled substances; amending Rule 41, Alaska Rules of Criminal Procedure, and Rule 65, Alaska Rules of Civil Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2006-01-19 Senate Journal Page 1948 SCS CSHB 149(FIN) am S Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess, Huggins, Kookesh, Olson, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Ellis Excused: Hoffman, Seekins and so, SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S passed the Senate. Senator Gary Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Senator Ellis objected. The question being: "Shall the Court Rule changes be adopted?" The roll was taken with the following result: SCS CSHB 149(FIN) am S Adopt Court Rule changes? YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Huggins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Kookesh, Olson Excused: Hoffman, Seekins and so, the Court Rule changes failed to be adopted. Senator Gary Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. 2006-01-19 Senate Journal Page 1949 Senator Wagoner gave notice of reconsideration on SENATE CS FOR CS FOR HB 149(FIN) am S(ct rule fld S) "An Act relating to controlled substances; relating to the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; relating to the manufacture of methamphetamine and to the sale, possession, and delivery of certain substances and precursors used in the manufacture of methamphetamine; relating to listing certain anabolic steroids as controlled substances; and providing for an effective date."