Legislature(2015 - 2016)
2016-05-03 House Journal
Full Journal pdf2016-05-03 House Journal Page 2649 SB 91 The following, which was held in second reading (page 2643) from the May 2, 2016, calendar, was before the House: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 91(FIN) am H "An Act relating to civil in rem forfeiture actions; relating to criminal law and procedure; relating to controlled substances; relating to probation; relating to sentencing; relating to treatment program credit for time spent toward service of a sentence of imprisonment; relating to the Violent Crimes Compensation Board; establishing a pretrial services program with pretrial services officers in the Department of Corrections; relating to permanent fund dividends; relating to electronic monitoring; relating to penalties for violations of municipal ordinances; relating to parole; relating to correctional restitution centers; relating to community work service; relating to revocation, termination, suspension, cancellation, or restoration of a driver's 2016-05-03 House Journal Page 2650 license; relating to the disqualification of persons convicted of certain felony drug offenses from participation in the food stamp and temporary assistance programs; relating to the duties of the commissioner of corrections; relating to collecting information about civil litigation by the Alaska Judicial Council; amending Rules 32, 32.1, 38, and 43, Alaska Rules of Criminal Procedure; repealing Rule 41(a)(3), Alaska Rules of Civil Procedure, and Rules 511(c) and (e), Alaska Rules of Appellate Procedure; and providing for an effective date." Amendment No. 14 was not offered. Amendment No. 15 was not offered. Amendment No. 16 was offered by Representative Josephson: Page 1, line 8 (title amendment): Delete "suspension, cancellation," Page 58, line 9, through page 59, line 2: Delete all material. Renumber the following bill sections accordingly. Page 108, line 19: Delete "sec. 105" Insert "sec. 103" Page 110, lines 28 - 29: Delete all material. Renumber the following paragraphs accordingly. Page 110, line 30: Delete "sec. 99" Insert "sec. 97" Page 110, line 31: Delete "sec. 100" Insert "sec. 98" 2016-05-03 House Journal Page 2651 Page 111, line 1: Delete "sec. 149" Insert "sec. 147" Page 111, line 19: Delete "sec. 95" Insert "sec. 93" Page 111, line 20: Delete "sec. 98" Insert "sec. 96" Page 111, line 21: Delete "sec. 108" Insert "sec. 106" Page 111, line 22: Delete "sec. 109" Insert "sec. 107" Page 111, line 23: Delete "sec. 110" Insert "sec. 108" Page 111, line 24: Delete "sec. 112" Insert "sec. 110" Page 111, line 25: Delete "sec. 121" Insert "sec. 119" Page 111, line 26: Delete "sec. 141" Insert "sec. 139" Page 112, line 24: Delete "sec. 103" Insert "sec. 101" 2016-05-03 House Journal Page 2652 Page 112, line 30: Delete "sec. 97" Insert "sec. 95" Page 113, line 2: Delete "sec. 106" Insert "sec. 104" Page 113, line 3: Delete "sec. 107" Insert "sec. 105" Page 113, line 4: Delete "sec. 111" Insert "sec. 109" Page 113, line 5: Delete "sec. 113" Insert "sec. 111" Page 113, line 6: Delete "sec. 114" Insert "sec. 112" Page 113, line 7: Delete "sec. 115" Insert "sec. 113" Page 113, line 8: Delete "sec. 122" Insert "sec. 120" Page 113, line 9: Delete "sec. 123" Insert "sec. 121" Page 113, line 10: Delete "sec. 124" Insert "sec. 122" 2016-05-03 House Journal Page 2653 Page 113, line 11: Delete "sec. 125" Insert "sec. 123" Page 113, line 12: Delete "sec. 126" Insert "sec. 124" Page 113, line 13: Delete "sec. 127" Insert "sec. 125" Page 113, line 14: Delete "sec. 128" Insert "sec. 126" Page 113, line 15: Delete "sec. 130" Insert "sec. 128" Page 113, line 16: Delete "sec. 166" Insert "sec. 164" Page 113, line 17: Delete "166" Insert "164" Page 113, line 29: Delete "sec. 105" Insert "sec. 103" Page 114, line 1: Delete "sec. 129" Insert "sec. 127" Page 114, line 2: Delete "sec. 131" Insert "sec. 129" 2016-05-03 House Journal Page 2654 Page 114, line 3: Delete "sec. 132" Insert "sec. 130" Page 114, line 4: Delete "sec. 133" Insert "sec. 131" Page 114, line 5: Delete "sec. 134" Insert "sec. 132" Page 114, line 6: Delete "sec. 135" Insert "sec. 133" Page 114, line 7: Delete "sec. 136" Insert "sec. 134" Page 114, line 8: Delete "sec. 137" Insert "sec. 135" Page 114, line 9: Delete "sec. 138" Insert "sec. 136" Page 114, line 10: Delete "sec. 139" Insert "sec. 137" Page 114, line 11: Delete "sec. 102" Insert "sec. 100" Page 114, line 12: Delete "sec. 102" Insert "sec. 100" 2016-05-03 House Journal Page 2655 Page 114, line 13: Delete "sec. 102" Insert "sec. 100" Page 114, line 14: Delete "sec. 102" Insert "sec. 100" Page 114, line 15: Delete "sec. 142" Insert "sec. 140" Page 114, line 16: Delete "sec. 142" Insert "sec. 140" Page 114, line 17: Delete "sec. 142" Insert "sec. 140" Page 114, line 18: Delete "sec. 142" Insert "sec. 140" Page 115, line 4: Delete "sec. 101" Insert "sec. 99" Page 115, line 19: Delete "sec. 166" Insert "sec. 164" Page 115, line 22: Delete "sec. 168(a)" Insert "sec. 166(a)" Page 115, line 24: Delete "sec. 168(b)" Insert "sec. 166(b)" 2016-05-03 House Journal Page 2656 Page 115, line 27: Delete "sec. 168(c)" Insert "sec. 166(c)" Page 115, line 30: Delete "sec. 168(d)" Insert "sec. 166(d)" Page 116, line 2: Delete "sec. 105" Insert "sec. 103" Delete "sec. 168(e)" Insert "sec. 166(e)" Page 116, lines 5 - 6: Delete "90 - 94, 97, 99 - 101, 142, 148 - 158, 167, 168(b), 168(c), and 168(d)" Insert "90 - 92, 95, 97 - 99, 140, 146 - 156, 165, 166(b), 166(c), and 166(d)" Page 116, lines 9 - 10: Delete "95, 96, 98, 102 - 104, 106 - 141, 143 - 146, and 159 - 161" Insert "93, 94, 96, 100 - 102, 104 - 139, 141 - 144, and 157 - 159" Page 116, line 11: Delete "Section 147" Insert "Section 145" Page 116, line 12: Delete "105, 168(a), and 168(e)" Insert "103, 166(a), and 166(e)" Page 116, line 14: Delete "sec. 166" Insert "sec. 164" Representative Josephson moved and asked unanimous consent that Amendment No. 16 be adopted. Representative Claman objected. 2016-05-03 House Journal Page 2657 The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 16 YEAS: 5 NAYS: 33 EXCUSED: 2 ABSENT: 0 Yeas: Josephson, Lynn, Reinbold, Tuck, Drummond Nays: Herron, Hughes, Johnson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Wilson, Wool, Claman, Colver, Edgmon, Foster, Gara, Gattis, Guttenberg, Chenault Excused: Vazquez, Hawker And so, Amendment No. 16 was not adopted. Amendment No. 17 was offered by Representative Josephson: Page 28, line 3, following "charged": Insert "with a misdemeanor offense" Page 28, following line 29: Insert a new subsection to read: "(f) A person charged with a felony offense under AS 28.35.030 or 28.35.032 who is assessed by a pretrial services officer as low, moderate, or high risk may be required, singly or in combination, in addition to other conditions specified in this section, to deposit with the court and execute (A) an appearance bond with a posting not to exceed 10 percent of the specified amount of the bond with the condition that the deposit be returned upon the appearance of the person at scheduled hearings; (B) a bail bond with sufficient solvent sureties or the deposit of cash; or (C) a performance bond with a full or partial posting of the specified amount of the bond with the condition that the deposit be returned upon the performance of the conditions of release set by the court." 2016-05-03 House Journal Page 2658 Reletter the following subsections accordingly. Page 28, line 31: Delete "(b) - (e)" Insert "(b) - (f)" Representative Josephson moved and asked unanimous consent that Amendment No. 17 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 17 YEAS: 7 NAYS: 30 EXCUSED: 2 ABSENT: 1 Yeas: Josephson, Lynn, Ortiz, Pruitt, Reinbold, Tarr, Tuck Nays: Hughes, Johnson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak, Neuman, Olson, Saddler, Seaton, Spohnholz, Stutes, Talerico, Thompson, Tilton, Wilson, Wool, Claman, Colver, Drummond, Edgmon, Foster, Gattis, Guttenberg, Herron, Chenault Excused: Vazquez, Hawker Absent: Gara And so, Amendment No. 17 was not adopted. Amendment No. 18 was offered by Representatives Josephson and Kawasaki: Page 64, line 17: Delete "30" Insert "10" Page 88, line 1: Delete "30" Insert "10" 2016-05-03 House Journal Page 2659 Representative Josephson moved and asked unanimous consent that Amendment No. 18 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 18 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 18 YEAS: 10 NAYS: 28 EXCUSED: 2 ABSENT: 0 Yeas: Josephson, Kawasaki, Lynn, Ortiz, Pruitt, Reinbold, Tuck, Colver, Drummond, Herron Nays: Johnson, Keller, Kito, Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak, Neuman, Olson, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Wilson, Wool, Claman, Edgmon, Foster, Gara, Gattis, Guttenberg, Hughes, Chenault Excused: Vazquez, Hawker And so, Amendment No. 18 was not adopted. Amendment No. 19 was offered by Representative Josephson: Page 71, line 4: Delete "B or" Representative Josephson moved and asked unanimous consent that Amendment No. 19 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 19 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 19 YEAS: 16 NAYS: 20 EXCUSED: 2 ABSENT: 2 2016-05-03 House Journal Page 2660 Yeas: Josephson, Kawasaki, Kito, Lynn, Millett, Ortiz, Pruitt, Reinbold, Saddler, Spohnholz, Tarr, Tuck, Drummond, Gara, Guttenberg, Herron Nays: Keller, Kreiss-Tomkins, LeDoux, Munoz, Nageak, Neuman, Olson, Seaton, Stutes, Talerico, Thompson, Tilton, Wilson, Wool, Claman, Foster, Gattis, Hughes, Johnson, Chenault Excused: Vazquez, Hawker Absent: Colver, Edgmon And so, Amendment No. 19 was not adopted. Amendment No. 20 was offered by Representative Josephson: Page 72, line 26: Delete "AS 12.55.125(i)(1) and (2)" Insert "AS 12.55.125(c)(2) - (4), (d)(3) and (4), and (i)(1), (2), and (3)(D) and (E)" Page 72, line 31: Delete "AS 12.55.125(i)" Insert "AS 12.55.125(c)(2) - (4), (d)(3) and (4), and (i)(1), (2), and (3)(D) and (E)" Page 74, line 11: Delete "AS 12.55.125(i)(3)" Insert "AS 12.55.125(i)(3)(A) - (C)" Representative Josephson moved and asked unanimous consent that Amendment No. 20 be adopted. Representative Keller objected. The question being: "Shall Amendment No. 20 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 20 YEAS: 10 NAYS: 25 EXCUSED: 2 ABSENT: 3 2016-05-03 House Journal Page 2661 Yeas: Kawasaki, Lynn, Millett, Pruitt, Reinbold, Tarr, Tuck, Drummond, Herron, Josephson Nays: Keller, Kito, Kreiss-Tomkins, LeDoux, Munoz, Nageak, Olson, Saddler, Seaton, Spohnholz, Talerico, Thompson, Tilton, Wilson, Wool, Claman, Colver, Edgmon, Foster, Gara, Gattis, Guttenberg, Hughes, Johnson, Chenault Excused: Vazquez, Hawker Absent: Neuman, Ortiz, Stutes And so, Amendment No. 20 was not adopted. Amendment No. 21 was not offered. Amendment No. 22 was not offered. Amendment No. 23 was not offered. Amendment No. 24 was offered by Representative Josephson: Page 71, following line 31: Insert a new subsection to read: "(e) Notwithstanding (a) of this section, a person is ineligible for administrative parole if the person has been convicted of a class C felony under (1) AS 11.46.310 or 11.46.360; (2) AS 11.51.100(d)(2) or (f) or 11.51.200; (3) AS 11.56.320, 11.56.335, 11.56.540, 11.56.590, 11.56.610, 11.56.770, or 11.56.835; or (4) AS 11.61.123(f)(1), 11.61.140(h), 11.61.200, 11.61.240(b)(3), or 11.61.250." Representative Josephson moved and asked unanimous consent that Amendment No. 24 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 24 be adopted?" The roll was taken with the following result: 2016-05-03 House Journal Page 2662 HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 24 YEAS: 12 NAYS: 26 EXCUSED: 2 ABSENT: 0 Yeas: Lynn, Millett, Ortiz, Pruitt, Reinbold, Tuck, Colver, Drummond, Gara, Herron, Josephson, Kawasaki Nays: Keller, Kito, Kreiss-Tomkins, LeDoux, Munoz, Nageak, Neuman, Olson, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Wilson, Wool, Claman, Edgmon, Foster, Gattis, Guttenberg, Hughes, Johnson, Chenault Excused: Vazquez, Hawker Gara changed from "Nay" to "Yea". Ortiz changed from "Nay" to Yea". And so, Amendment No. 24 was not adopted. Amendment No. 25 was not offered. Amendment No. 26 was offered by Representatives Gara, Pruitt, and Keller: Page 50, line 27, following "(4)": Insert "or (5)" Page 51, line 14, following "years": Insert "; (5) if the offense is a first felony conviction, and the defendant violated AS 11.66.130, zero to two years" Representative Gara moved and asked unanimous consent that Amendment No. 26 be adopted. Representative Claman objected. Representative Gara moved and asked unanimous consent to withdraw Amendment No. 26. There being no objection, it was so ordered. 2016-05-03 House Journal Page 2663 Amendment No. 27 was offered by Representatives Claman and LeDoux: Page 4, line 10, following "services": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 4, line 18, following "property": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 5, line 2, following "services": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 5, line 5, following "property": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 5, following line 8: Insert a new bill section to read: "* Sec. 7. 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 is less than $250, adjusted for inflation as provided in AS 11.46.982." Renumber the following bill sections accordingly. Page 5, line 13, following "merchandise": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 5, line 14, following "merchandise": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 5, line 25, following "merchandise": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 5, line 27, following "merchandise": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 6, line 1, following "merchandise": Insert ", adjusted for inflation as provided in AS 11.46.982," 2016-05-03 House Journal Page 2664 Page 6, line 6, following "appeared": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 6, line 8, following "appeared": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 6, line 11, following "appeared": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 6, line 15, following "appeared": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 6, line 17, following "appeared": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 6, line 20, following "appeared": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 6, line 23, following "check": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 6, line 24, following "check": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 6, line 26, following "check": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 6, line 28, following "check": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 7, line 1, following "obtained": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 7, line 3, following "obtained": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 7, line 6, following "obtained": Insert ", adjusted for inflation as provided in AS 11.46.982," 2016-05-03 House Journal Page 2665 Page 7, line 28, following "amount": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 7, line 30, following "amount": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 8, line 29, following "amount": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 9, line 14, following "amount": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 9, following line 25: Insert a new bill section to read: "* Sec. 18. 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 knowing it has been stolen or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1)." Renumber the following bill sections accordingly. Page 9, line 28, following "represent": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 9, line 31, following "represent": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 10, line 2, following "represent": Insert ", adjusted for inflation as provided in AS 11.46.982," 2016-05-03 House Journal Page 2666 Page 10, line 5, following "misapplied": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 10, line 7, following "misapplied": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 10, line 11, following "loss": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 10, line 13, following "loss": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 10, line 14, following "loss": Insert ", adjusted for inflation as provided in AS 11.46.982," Page 10, following line 15: Insert new bill sections to read: "* Sec. 22. AS 11.46.980 is amended by adding a new subsection to read: (d) In making a finding related to the degree or classification of a crime under this chapter, a court shall refer to the most recent property value threshold set by the Alaska Judicial Council under AS 11.46.982. * Sec. 23. AS 11.46 is amended by adding a new section to read: Sec. 11.46.982. Adjustment for inflation increasing the value of property or services as an element of an offense. (a) The Alaska Judicial Council shall publish a report on July 1, 2020, calculating the increase in value, if any, of property or services as an element of an offense in this chapter from a base value of $250 and $2,000, based on a formula provided by the Department of Labor and Workforce Development, reflecting the change in the Consumer Price Index for the Anchorage metropolitan area compiled by the Bureau of Labor Statistics, United States Department of Labor. (b) The Alaska Judicial Council shall, in calculating the price of property or services as provided in this section, (1) recalculate the base value of property and services of $250 and $2,000 every five years; and (2) report the base value of property and services of $250 and $2,000 rounded to the nearest $50 increment. 2016-05-03 House Journal Page 2667 (c) The Alaska Judicial Council shall publish the report provided in this section by electronically providing copies of the report (1) to all law enforcement agencies in the state; (2) the Public Defender Agency; (3) the office of public advocacy; (4) the attorney general; (5) the court system; (6) on the judicial council's Internet website; and (7) to the senate secretary and the chief clerk of the house of representatives." Renumber the following bill sections accordingly. Page 108, line 3: Delete "sec. 53" Insert "sec. 57" Page 108, line 9: Delete "sec. 69" Insert "sec. 73" Page 108, line 12: Delete "sec. 69" Insert "sec. 73" Page 108, line 13: Delete "sec. 70" Insert "sec. 74" Page 108, line 16: Delete "sec. 86" Insert "sec. 90" Page 108, line 19: Delete "sec. 105" Insert "sec. 109" Page 110, following line 1: Insert "(3) AS 11.46.150(a), as amended by sec. 7 of this Act;" 2016-05-03 House Journal Page 2668 Renumber the following paragraphs accordingly. Page 110, line 2: Delete "sec. 7" Insert "sec. 8" Page 110, line 3: Delete "sec. 8" Insert "sec. 9" Page 110, line 4: Delete "sec. 9" Insert "sec. 10" Page 110, line 5: Delete "sec. 10" Insert "sec. 11" Page 110, line 6: Delete "sec. 11" Insert "sec. 12" Page 110, line 7: Delete "sec. 12" Insert "sec. 13" Page 110, line 8: Delete "sec. 13" Insert "sec. 14" Page 110, line 9: Delete "sec. 14" Insert "sec. 15" Page 110, line 10: Delete "sec. 15" Insert "sec. 16" Page 110, line 11: Delete "sec. 16" Insert "sec. 17" 2016-05-03 House Journal Page 2669 Page 110, following line 11: Insert "(14) AS 11.46.486(a), as amended by sec. 18 of this Act;" Renumber the following paragraphs accordingly. Page 110, line 12: Delete "sec. 17" Insert "sec. 19" Page 110, line 13: Delete "sec. 18" Insert "sec. 20" Page 110, line 14: Delete "sec. 19" Insert "sec. 21" Page 110, following line 14: Insert "(18) AS 11.46.982, enacted by sec. 23 of this Act;" Renumber the following paragraphs accordingly. Page 110, line 15: Delete "sec. 21" Insert "sec. 25" Page 110, line 16: Delete "sec. 22" Insert "sec. 26" Page 110, line 17: Delete "sec. 24" Insert "sec. 28" Page 110, line 18: Delete "sec. 26" Insert "sec. 30" Page 110, line 19: Delete "sec. 27" Insert "sec. 31" 2016-05-03 House Journal Page 2670 Page 110, line 20: Delete "sec. 29" Insert "sec. 33" Page 110, line 21: Delete "sec. 35" Insert "sec. 39" Page 110, line 22: Delete "sec. 36" Insert "sec. 40" Page 110, line 23: Delete "sec. 39" Insert "sec. 43" Page 110, line 24: Delete "sec. 41" Insert "sec. 45" Page 110, line 25: Delete "sec. 43" Insert "sec. 47" Page 110, line 26: Delete "sec. 79" Insert "sec. 83" Page 110, line 27: Delete "sec. 80" Insert "sec. 84" Page 110, line 28: Delete "sec. 92" Insert "sec. 96" Page 110, line 29: Delete "sec. 93" Insert "sec. 97" 2016-05-03 House Journal Page 2671 Page 110, line 30: Delete "sec. 99" Insert "sec. 103" Page 110, line 31: Delete "sec. 100" Insert "sec. 104" Page 111, line 1: Delete "sec. 149" Insert "sec. 153" Page 111, line 4: Delete "sec. 31" Insert "sec. 35" Page 111, line 5: Delete "sec. 32" Insert "sec. 36" Page 111, line 6: Delete "sec. 33" Insert "sec. 37" Page 111, line 7: Delete "sec. 34" Insert "sec. 38" Page 111, line 10: Delete "sec. 62" Insert "sec. 66" Page 111, line 11: Delete "sec. 63" Insert "sec. 67" Page 111, line 12: Delete "sec. 64" Insert "sec. 68" 2016-05-03 House Journal Page 2672 Page 111, line 13: Delete "sec. 65" Insert "sec. 69" Page 111, line 16: Delete "sec. 60" Insert "sec. 64" Page 111, line 17: Delete "sec. 61" Insert "sec. 65" Page 111, line 18: Delete "sec. 78" Insert "sec. 82" Page 111, line 19: Delete "sec. 95" Insert "sec. 99" Page 111, line 20: Delete "sec. 98" Insert "sec. 102" Page 111, line 21: Delete "sec. 108" Insert "sec. 112" Page 111, line 22: Delete "sec. 109" Insert "sec. 103" Page 111, line 23: Delete "sec. 110" Insert "sec. 114" Page 111, line 24: Delete "sec. 112" Insert "sec. 116" 2016-05-03 House Journal Page 2673 Page 111, line 25: Delete "sec. 121" Insert "sec. 125" Page 111, line 26: Delete "sec. 141" Insert "sec. 145" Page 111, line 27: Delete "sec. 58" Insert "sec. 62" Page 111, line 28: Delete "sec. 58" Insert "sec. 62" Page 111, line 29: Delete "sec. 58" Insert "sec. 62" Page 112, line 2: Delete "sec. 67" Insert "sec. 71" Page 112, line 3: Delete "sec. 68" Insert "sec. 72" Page 112, line 4: Delete "sec. 69" Insert "sec. 73" Page 112, line 5: Delete "sec. 66" Insert "sec. 70" Page 112, line 6: Delete "sec. 66" Insert "sec. 70" 2016-05-03 House Journal Page 2674 Page 112, line 7: Delete "sec. 66" Insert "sec. 70" Page 112, line 8: Delete "sec. 70" Insert "sec. 74" Page 112, line 9: Delete "sec. 70" Insert "sec. 74" Page 112, line 10: Delete "sec. 70" Insert "sec. 74" Page 112, line 11: Delete "sec. 72" Insert "sec. 76" Page 112, line 12: Delete "sec. 72" Insert "sec. 76" Page 112, line 13: Delete "sec. 72" Insert "sec. 76" Page 112, line 14: Delete "sec. 75" Insert "sec. 79" Page 112, line 15: Delete "sec. 75" Insert "sec. 79" Page 112, line 16: Delete "sec. 75" Insert "sec. 79" 2016-05-03 House Journal Page 2675 Page 112, line 20: Delete "sec. 71" Insert "sec. 75" Page 112, line 21: Delete "sec. 73" Insert "sec. 77" Page 112, line 22: Delete "sec. 74" Insert "sec. 78" Page 112, line 23: Delete "sec. 77" Insert "sec. 81" Page 112, line 24: Delete "sec. 103" Insert "sec. 107" Page 112, line 28: Delete "sec. 90" Insert "sec. 94" Page 112, line 29: Delete "sec. 91" Insert "sec. 95" Page 112, line 30: Delete "sec. 97" Insert "sec. 101" Page 113, line 2: Delete "sec. 106" Insert "sec. 110" Page 113, line 3: Delete "sec. 107" Insert "sec. 111" 2016-05-03 House Journal Page 2676 Page 113, line 4: Delete "sec. 111" Insert "sec. 115" Page 113, line 5: Delete "sec. 113" Insert "sec. 117" Page 113, line 6: Delete "sec. 114" Insert "sec. 118" Page 113, line 7: Delete "sec. 115" Insert "sec. 119" Page 113, line 8: Delete "sec. 122" Insert "sec. 126" Page 113, line 9: Delete "sec. 123" Insert "sec. 127" Page 113, line 10: Delete "sec. 124" Insert "sec. 128" Page 113, line 11: Delete "sec. 125" Insert "sec. 129" Page 113, line 12: Delete "sec. 126" Insert "sec. 130" Page 113, line 13: Delete "sec. 127" Insert "sec. 131" 2016-05-03 House Journal Page 2677 Page 113, line 14: Delete "sec. 128" Insert "sec. 132" Page 113, line 15: Delete "sec. 130" Insert "sec. 134" Page 113, line 16: Delete "sec. 22" Insert "sec. 26" Delete "sec. 166" Insert "sec. 170" Page 113, line 17: Delete "secs. 22 and 166" Insert "secs. 26 and 170" Page 113, line 20: Delete "sec. 49" Insert "sec. 53" Page 113, line 21: Delete "sec. 50" Insert "sec. 54" Page 113, line 22: Delete "sec. 51" Insert "sec. 55" Page 113, line 23: Delete "sec. 52" Insert "sec. 56" Page 113, line 24: Delete "sec. 53" Insert "sec. 57" Page 113, line 25: Delete "sec. 54" Insert "sec. 58" 2016-05-03 House Journal Page 2678 Page 113, line 26: Delete "sec. 55" Insert "sec. 59" Page 113, line 27: Delete "sec. 56" Insert "sec. 60" Page 113, line 28: Delete "sec. 57" Insert "sec. 61" Page 113, line 29: Delete "sec. 105" Insert "sec. 109" Page 114, line 1: Delete "sec. 129" Insert "sec. 133" Page 114, line 2: Delete "sec. 131" Insert "sec. 135" Page 114, line 3: Delete "sec. 132" Insert "sec. 136" Page 114, line 4: Delete "sec. 133" Insert "sec. 137" Page 114, line 5: Delete "sec. 134" Insert "sec. 138" Page 114, line 6: Delete "sec. 135" Insert "sec. 139" 2016-05-03 House Journal Page 2679 Page 114, line 7: Delete "sec. 136" Insert "sec. 140" Page 114, line 8: Delete "sec. 137" Insert "sec. 141" Page 114, line 9: Delete "sec. 138" Insert "sec. 142" Page 114, line 10: Delete "sec. 139" Insert "sec. 143" Page 114, line 11: Delete "sec. 102" Insert "sec. 106" Page 114, line 12: Delete "sec. 102" Insert "sec. 106" Page 114, line 13: Delete "sec. 102" Insert "sec. 106" Page 114, line 14: Delete "sec. 102" Insert "sec. 106" Page 114, line 15: Delete "sec. 142" Insert "sec. 146" Page 114, line 16: Delete "sec. 142" Insert "sec. 146" 2016-05-03 House Journal Page 2680 Page 114, line 17: Delete "sec. 142" Insert "sec. 146" Page 114, line 18: Delete "sec. 142" Insert "sec. 146" Page 114, line 22: Delete "sec. 45" Insert "sec. 49" Page 114, line 23: Delete "sec. 47" Insert "sec. 51" Page 114, line 24: Delete "sec. 44" Insert "sec. 48" Page 114, line 25: Delete "sec. 44" Insert "sec. 48" Page 114, line 26: Delete "sec. 44" Insert "sec. 48" Page 114, line 29: Delete "sec. 81" Insert "sec. 85" Page 114, line 30: Delete "sec. 82" Insert "sec. 86" Page 114, line 31: Delete "sec. 83" Insert "sec. 87" 2016-05-03 House Journal Page 2681 Page 115, line 1: Delete "sec. 84" Insert "sec. 88" Page 115, line 2: Delete "sec. 85" Insert "sec. 89" Page 115, line 3: Delete "sec. 86" Insert "sec. 90" Page 115, line 4: Delete "sec. 101" Insert "sec. 105" Page 115, line 5: Delete "sec. 83" Insert "sec. 87" Page 115, line 7: Delete "sec. 83" Insert "sec. 87" Page 115, line 9: Delete "sec. 83" Insert "sec. 87" Page 115, line 18: Delete "sec. 22" Insert "sec. 26" Page 115, line 19: Delete "sec. 166" Insert "sec. 170" Page 115, line 21: Delete "sec. 53" Insert "sec. 57" 2016-05-03 House Journal Page 2682 Page 115, line 22: Delete "sec. 168(a)" Insert "sec. 172(a)" Page 115, line 24: Delete "sec. 69" Insert "sec. 73" Delete "sec. 168(b)" Insert "sec. 172(b)" Page 115, line 27: Delete "sec. 70" Insert "sec. 74" Delete "sec. 168(c)" Insert "sec. 172(c)" Page 115, line 30: Delete "sec. 86" Insert "sec. 90" Delete "sec. 168(d)" Insert "sec. 172(d)" Page 116, line 2: Delete "sec. 105" Insert "sec. 109" Delete "sec. 168(e)" Insert "sec. 172(e)" Page 116, lines 5 - 6: Delete "Sections 3 - 21, 23 - 43, 67 - 70, 72, 79 - 87, 90 - 94, 97, 99 - 101, 142, 148 - 158, 167, 168(b), 168(c), and 168(d) Insert "Sections 3 - 25, 27 - 47, 71 - 74, 76, 83 - 91, 94 - 98, 101, 103 - 105, 146, 152 - 162, 171, 172(b), 172(c), and 172(d)" Page 116, line 6: Delete "sec. 22" Insert "sec. 26" Page 116, line 8: Delete "Section 89" Insert "Section 93" 2016-05-03 House Journal Page 2683 Page 116, lines 9 - 10: Delete "Sections 45 - 48, 58, 60, 61, 66, 71, 73 - 78, 95, 96, 98, 102 - 104, 106 - 141, 143 - 146, and 159 - 161" Insert "Sections 49 -52, 62, 64, 65, 70, 75, 77 - 82, 99, 100, 102, 106 - 108, 110 - 145, 147 - 150, and 163 - 165" Page 116, line 11: Delete "Section 147" Insert "Section 151" Page 116, line 12: Delete "Sections 44, 49 - 57, 88, 105, 168(a), and 168(e)" Insert "Sections 48, 53 - 61, 92, 109, 172(a), and 172(e)" Page 116, line 14: Delete "sec. 22" Insert "sec. 26" Delete "sec. 166" Insert "sec. 170" Representative Claman moved and asked unanimous consent that Amendment No. 27 be adopted. Representative Saddler objected. The question being: "Shall Amendment No. 27 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 27 YEAS: 19 NAYS: 19 EXCUSED: 2 ABSENT: 0 Yeas: Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak, Ortiz, Seaton, Spohnholz, Stutes, Tarr, Tuck, Claman, Drummond, Edgmon, Foster, Gara, Guttenberg, Herron, Kawasaki Nays: Kito, Lynn, Neuman, Olson, Pruitt, Reinbold, Saddler, Talerico, Thompson, Tilton, Wilson, Wool, Colver, Gattis, Hughes, Johnson, Josephson, Keller, Chenault Excused: Vazquez, Hawker 2016-05-03 House Journal Page 2684 And so, Amendment No. 27 was not adopted. Amendment No. 28 was offered by Representatives Claman and LeDoux: Page 38, following line 27: Insert a new bill section to read: "* Sec. 66. AS 12.55.035(b) is amended to read: (b) Upon conviction of an offense, a defendant who is not an organization may be sentenced to pay, unless otherwise specified in the provision of law defining the offense, a fine of not more than (1) $500,000 for murder in the first or second degree, attempted murder in the first degree, murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first degree under AS 11.66.110(a)(2), or misconduct involving a controlled substance in the first degree; (2) $250,000 for a class A felony; (3) $100,000 for a class B felony; (4) $50,000 for a class C felony; (5) $25,000 [$10,000] for a class A misdemeanor; (6) $2,000 for a class B misdemeanor; (7) $500 for a violation." Renumber the following bill sections accordingly. Page 108, line 9: Delete "sec. 69" Insert "sec. 70" Page 108, line 12: Delete "sec. 69" Insert "sec. 70" Page 108, line 13: Delete "sec. 70" Insert "sec. 71" 2016-05-03 House Journal Page 2685 Page 108, line 16: Delete "sec. 86" Insert "sec. 87" Page 108, line 19: Delete "sec. 105" Insert "sec. 106" Page 110, following line 25: Insert a new paragraph to read: "(27) AS 12.55.035(b), as amended by sec. 66 of this Act;" Renumber the following paragraphs accordingly. Page 110, line 26: Delete "sec. 79" Insert "sec. 80" Page 110, line 27: Delete "sec. 80" Insert "sec. 81" Page 110, line 28: Delete "sec. 92" Insert "sec. 93" Page 110, line 29: Delete "sec. 93" Insert "sec. 94" Page 110, line 30: Delete "sec. 99" Insert "sec. 100" Page 110, line 31: Delete "sec. 100" Insert "sec. 101" Page 111, line 1: Delete "sec. 149" Insert "sec. 150" 2016-05-03 House Journal Page 2686 Page 111, line 18: Delete "sec. 78" Insert "sec. 79" Page 111, line 19: Delete "sec. 95" Insert "sec. 96" Page 111, line 20: Delete "sec. 98" Insert "sec. 99" Page 111, line 21: Delete "sec. 108" Insert "sec. 109" Page 111, line 22: Delete "sec. 109" Insert "sec. 110" Page 111, line 23: Delete "sec. 110" Insert "sec. 111" Page 111, line 24: Delete "sec. 112" Insert "sec. 113" Page 111, line 25: Delete "sec. 121" Insert "sec. 122" Page 111, line 26: Delete "sec. 141" Insert "sec. 142" Page 112, line 2: Delete "sec. 67" Insert "sec. 68" 2016-05-03 House Journal Page 2687 Page 112, line 3: Delete "sec. 68" Insert "sec. 69" Page 112, line 4: Delete "sec. 69" Insert "sec. 70" Page 112, line 5: Delete "sec. 66" Insert "sec. 67" Page 112, line 6: Delete "sec. 66" Insert "sec. 67" Page 112, line 7: Delete "sec. 66" Insert "sec. 67" Page 112, line 8: Delete "sec. 70" Insert "sec. 71" Page 112, line 9: Delete "sec. 70" Insert "sec. 71" Page 112, line 10: Delete "sec. 70" Insert "sec. 71" Page 112, line 11: Delete "sec. 72" Insert "sec. 73" Page 112, line 12: Delete "sec. 72" Insert "sec. 73" 2016-05-03 House Journal Page 2688 Page 112, line 13: Delete "sec. 72" Insert "sec. 73" Page 112, line 14: Delete "sec. 75" Insert "sec. 76" Page 112, line 15: Delete "sec. 75" Insert "sec. 76" Page 112, line 16: Delete "sec. 75" Insert "sec. 76" Page 112, line 20: Delete "sec. 71" Insert "sec. 72" Page 112, line 21: Delete "sec. 73" Insert "sec. 74" Page 112, line 22: Delete "sec. 74" Insert "sec. 75" Page 112, line 23: Delete "sec. 77" Insert "sec. 78" Page 112, line 24: Delete "sec. 103" Insert "sec. 104" Page 112, line 28: Delete "sec. 90" Insert "sec. 91" 2016-05-03 House Journal Page 2689 Page 112, line 29: Delete "sec. 91" Insert "sec. 92" Page 112, line 30: Delete "sec. 97" Insert "sec. 98" Page 113, line 2: Delete "sec. 106" Insert "sec. 107" Page 113, line 3: Delete "sec. 107" Insert "sec. 108" Page 113, line 4: Delete "sec. 111" Insert "sec. 112" Page 113, line 5: Delete "sec. 113" Insert "sec. 114" Page 113, line 6: Delete "sec. 114" Insert "sec. 115" Page 113, line 7: Delete "sec. 115" Insert "sec. 116" Page 113, line 8: Delete "sec. 122" Insert "sec. 123" Page 113, line 9: Delete "sec. 123" Insert "sec. 124" 2016-05-03 House Journal Page 2690 Page 113, line 10: Delete "sec. 124" Insert "sec. 125" Page 113, line 11: Delete "sec. 125" Insert "sec. 126" Page 113, line 12: Delete "sec. 126" Insert "sec. 127" Page 113, line 13: Delete "sec. 127" Insert "sec. 128" Page 113, line 14: Delete "sec. 128" Insert "sec. 129" Page 113, line 15: Delete "sec. 130" Insert "sec. 131" Page 113, line 16: Delete "sec. 166" Insert "sec. 167" Page 113, line 17: Delete "166" Insert "167" Page 113, line 29: Delete "sec. 105" Insert "sec. 106" Page 114, line 1: Delete "sec. 129" Insert "sec. 130" 2016-05-03 House Journal Page 2691 Page 114, line 2: Delete "sec. 131" Insert "sec. 132" Page 114, line 3: Delete "sec. 132" Insert "sec. 133" Page 114, line 4: Delete "sec. 133" Insert "sec. 134" Page 114, line 5: Delete "sec. 134" Insert "sec. 135" Page 114, line 6: Delete "sec. 135" Insert "sec. 136" Page 114, line 7: Delete "sec. 136" Insert "sec. 137" Page 114, line 8: Delete "sec. 137" Insert "sec. 138" Page 114, line 9: Delete "sec. 138" Insert "sec. 139" Page 114, line 10: Delete "sec. 139" Insert "sec. 140" Page 114, line 11: Delete "sec. 102" Insert "sec. 103" 2016-05-03 House Journal Page 2692 Page 114, line 12: Delete "sec. 102" Insert "sec. 103" Page 114, line 13: Delete "sec. 102" Insert "sec. 103" Page 114, line 14: Delete "sec. 102" Insert "sec. 103" Page 114, line 15: Delete "sec. 142" Insert "sec. 143" Page 114, line 16: Delete "sec. 142" Insert "sec. 143" Page 114, line 17: Delete "sec. 142" Insert "sec. 143" Page 114, line 18: Delete "sec. 142" Insert "sec. 143" Page 114, line 29: Delete "sec. 81" Insert "sec. 82" Page 114, line 30: Delete "sec. 82" Insert "sec. 83" Page 114, line 31: Delete "sec. 83" Insert "sec. 84" 2016-05-03 House Journal Page 2693 Page 115, line 1: Delete "sec. 84" Insert "sec. 85" Page 115, line 2: Delete "sec. 85" Insert "sec. 86" Page 115, line 3: Delete "sec. 86" Insert "sec. 87" Page 115, line 4: Delete "sec. 101" Insert "sec. 102" Page 115, line 5: Delete "sec. 83" Insert "sec. 84" Page 115, line 7: Delete "sec. 83" Insert "sec. 84" Page 115, line 9: Delete "sec. 83" Insert "sec. 84" Page 115, line 19: Delete "sec. 166" Insert "sec. 167" Page 115, line 22: Delete "sec. 168(a)" Insert "sec. 169(a)" Page 115, line 24: Delete "sec. 69" Insert "sec. 70" Delete "sec. 168(b)" Insert "sec. 169(b)" 2016-05-03 House Journal Page 2694 Page 115, line 27: Delete "sec. 70" Insert "sec. 71" Delete "sec. 168(c)" Insert "sec. 169(c)" Page 115, line 30: Delete "sec. 86" Insert "sec. 87" Delete "sec. 168(d)" Insert "sec. 169(d)" Page 116, line 2: Delete "sec. 105" Insert "sec. 106" Delete "sec. 168(e)" Insert "sec. 169(e)" Page 116, lines 5 - 6: Delete "67 - 70, 72, 79 - 87, 90 - 94, 97, 99 - 101, 142, 148 - 158, 167, 168(b), 168(c), and 168(d)" Insert "66, 68 - 71, 73, 80 - 88, 91 - 95, 98, 100 - 102, 143, 149 - 159, 168, 169(b), 169(c), and 169(d)" Page 116, line 8: Delete "Section 89" Insert "Section 90" Page 116, lines 9 - 10: Delete "66, 71, 73 - 78, 95, 96, 98, 102 - 104, 106 - 141, 143 - 146, and 159 - 161" Insert "67, 72, 74 - 79, 96, 97, 99, 103 - 105, 107 - 142, 144 - 147, and 160 - 162" Page 116, line 11: Delete "Section 147" Insert "Section 148" Page 116, line 12: Delete "88, 105, 168(a), and 168(e)" Insert "89, 106, 169(a), and 169(e)" 2016-05-03 House Journal Page 2695 Page 116, line 14: Delete "sec. 166" Insert "sec. 167" Representative Claman moved and asked unanimous consent that Amendment No. 28 be adopted. There was objection. SB 91 HCS CSSSSB 91(FIN) am H was before the House in second reading (page 2608) with Amendment No. 28 (page 2684) moved and pending. The question being: "Shall Amendment No. 28 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 28 YEAS: 33 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Claman, Colver, Drummond, Edgmon, Foster, Gattis, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Chenault Nays: Olson, Spohnholz, Gara, Guttenberg, Kito Excused: Vazquez, Hawker And so, Amendment No. 28 was adopted. 2016-05-03 House Journal Page 2696 Amendment No. 29 was offered by Representative Josephson: Page 107, line 26: Delete "AS 11.46.140(a)(3), AS 11.46.220(c)(2)(B)" Representative Josephson moved and asked unanimous consent that Amendment No. 29 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 29 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 29 YEAS: 15 NAYS: 23 EXCUSED: 2 ABSENT: 0 Yeas: Lynn, Millett, Munoz, Ortiz, Pruitt, Reinbold, Saddler, Spohnholz, Tuck, Wool, Colver, Drummond, Herron, Josephson, Kawasaki Nays: LeDoux, Nageak, Neuman, Olson, Seaton, Stutes, Talerico, Tarr, Thompson, Tilton, Wilson, Claman, Edgmon, Foster, Gara, Gattis, Guttenberg, Hughes, Johnson, Keller, Kito, Kreiss-Tomkins, Chenault Excused: Vazquez, Hawker And so, Amendment No. 29 was not adopted. Amendment No. 30 was offered by Representatives Guttenberg and Drummond: Page 95, line 1: Delete "50 percent of" Page 95, lines 3 - 5: Delete all material and insert: "(d) The legislature may use the annual estimated balance in the fund to make appropriations as follows: (1) 50 percent to the Department of Corrections, the 2016-05-03 House Journal Page 2697 Department of Health and Social Services, or the Department of Public Safety for recidivism reduction programs; and (2) 50 percent for drug and alcohol abuse prevention and treatment grant programs administered by the Department of Health and Social Services." Representative Guttenberg moved and asked unanimous consent that Amendment No. 30 be adopted. Representative Neuman objected. The question being: "Shall Amendment No. 30 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 30 YEAS: 13 NAYS: 25 EXCUSED: 2 ABSENT: 0 Yeas: Lynn, Ortiz, Spohnholz, Tarr, Tuck, Wool, Drummond, Gara, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins Nays: Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stutes, Talerico, Thompson, Tilton, Wilson, Claman, Colver, Edgmon, Foster, Gattis, Herron, Hughes, Johnson, Keller, LeDoux, Chenault Excused: Vazquez, Hawker Josephson changed from "Nay" to Yea". And so, Amendment No. 30 was not adopted.