Legislature(2009 - 2010)
2009-04-11 House Journal
Full Journal pdf2009-04-11 House Journal Page 0895 HB 98 The following was read the second time: HOUSE BILL NO. 98 "An Act relating to minor consuming and repeat minor consuming; and providing for an effective date." with the: Journal Page JUD RPT 6DP 156 FN1: ZERO(CRT) 157 FN2: ZERO(LAW) 157 FIN RPT CS(FIN) NT 3DP 3NR 1AM 716 FN1: ZERO(CRT) 717 FN2: ZERO(LAW) 717 FN3: ZERO(DPS) 717 2009-04-11 House Journal Page 0896 Representative Johansen moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 98(FIN) "An Act relating to minor consuming and repeat minor consuming; relating to penalties for violations of limitations on possessing, sending, shipping, transporting, or bringing alcoholic beverages to, soliciting or receiving orders for delivery of alcoholic beverages to, and the manufacture, sale, offer for sale, barter, traffic, or possession of alcoholic beverages in, a local option area; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Gara and Ramras: Page 1, following line 6: Insert a new bill section to read: "* Section 1. AS 04.16.050(b) is amended to read: (b) A person who violates (a) of this section and who has not been previously convicted or received a suspended imposition of sentence under (1) of this subsection is guilty of minor consuming or in possession or control. Minor consuming or in possession or control is not a misdemeanor. Upon conviction in the district court, the court (1) may grant a suspended imposition of sentence under AS 12.55.085 and place the person on probation for up to one year if the person has not been convicted of a violation of this section previously; among the conditions of probation, the court shall, with the consent of a community diversion panel, refer the person to the panel, and require the person to comply with conditions set by the panel, including counseling, education, treatment, community work, and payment of fees; in this paragraph, "community diversion panel" means a youth court or other group selected by the court to serve as a sentencing option for a person convicted under this section; or (2) shall impose a fine of at least $200 but not more than $600, shall require the person to attend alcohol information school if the school is available, and shall place the person on probation for up to one year under (e) of this section; the court may suspend 2009-04-11 House Journal Page 0897 a portion of the fine imposed under this paragraph that exceeds $200 if the person is required to pay for education or treatment required under (e) of this section." Page 1, line 7: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 1, line 12, following "section.": Insert "Repeat minor consuming or in possession or control is not a misdemeanor." Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Stoltze objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 98(FIN) Second Reading Amendment No. 1 YEAS: 29 NAYS: 9 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Munoz, Petersen, Ramras, Salmon, Seaton, Thomas, Tuck, Wilson Nays: Chenault, Gatto, Hawker, Kelly, Lynn, Millett, Neuman, Olson, Stoltze Excused: Foster, Harris And so, Amendment No. 1 was adopted. 2009-04-11 House Journal Page 0898 Representative Johansen moved and asked unanimous consent that CSHB 98(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 98(FIN) am will advance to third reading on the April 13, 2009, calendar.