Legislature(2015 - 2016)
2016-05-03 House Journal
Full Journal pdf2016-05-03 House Journal Page 2698 SB 91 HCS CSSSSB 91(FIN) am H was before the House in second reading (page 2608). Amendment No. 31 was offered by Representatives Tuck and Drummond: Page 65, following line 26: Insert a new bill section to read: "* Sec. 104. AS 33.05.040 is amended by adding a new subsection to read: (b) The caseload of a probation officer supervising probationers or the combined caseload of a probation officer or parole officer supervising probationers and persons on parole as provided for in (a)(5) of this section may not exceed 60 persons, except in temporary or extraordinary circumstances approved by the commissioner." Renumber the following bill sections accordingly. 2016-05-03 House Journal Page 2699 Page 108, line 19: Delete "sec. 105" Insert "sec. 106" Page 111, line 1: Delete "sec. 149" Insert "sec. 150" 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 113, line 2: Delete "sec. 106" Insert "sec. 107" Page 113, line 3: Delete "sec. 107" Insert "sec. 108" 2016-05-03 House Journal Page 2700 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" 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" 2016-05-03 House Journal Page 2701 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" 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" 2016-05-03 House Journal Page 2702 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 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 115, line 19: Delete "sec. 166" Insert "sec. 167" 2016-05-03 House Journal Page 2703 Page 115, line 22: Delete "sec. 168(a)" Insert "sec. 169(a)" Page 115, line 24: Delete "sec. 168(b)" Insert "sec. 169(b)" Page 115, line 27: Delete "sec. 168(c)" Insert "sec. 169(c)" Page 115, line 30: 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 "142, 148 - 158, 167, 168(b), 168(c), and 168(d)" Insert "143, 149 - 159, 168, 169(b), 169(c), and 169(d)" Page 116, lines 9 - 10: Delete "102 - 104, 106 - 141, 143 - 146, and 159 - 161" Insert "102, 103, 105, 107 - 142, 144 - 147, and 160 - 162" Page 116, line 11: Delete "Section 147" Insert "Section 148" Page 116, line 12: Delete "105, 168(a), and 168(e)" Insert "106, 169(a), and 169(e)" Page 116, line 14: Delete "sec. 166" Insert "sec. 167" 2016-05-03 House Journal Page 2704 Representative Tuck moved and asked unanimous consent that Amendment No. 31 be adopted. Representative Thompson objected. The question being: "Shall Amendment No. 31 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 31 YEAS: 12 NAYS: 25 EXCUSED: 2 ABSENT: 1 Yeas: Ortiz, Spohnholz, Tarr, Tuck, Wool, Claman, Drummond, Gara, Guttenberg, Josephson, Kawasaki, Kito Nays: Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stutes, Talerico, Thompson, Tilton, Wilson, Colver, Edgmon, Foster, Gattis, Herron, Hughes, Johnson, Keller, LeDoux, Lynn, Chenault Excused: Vazquez, Hawker Absent: Kreiss-Tomkins And so, Amendment No. 31 was not adopted. Representative Claman moved and asked unanimous consent to rescind action in failing to adopt Amendment No. 27 (page 2683). There being no objection, it was so ordered. 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: 20 NAYS: 17 EXCUSED: 2 ABSENT: 1 Yeas: Munoz, Nageak, Ortiz, Seaton, Spohnholz, Stutes, Tarr, Tuck, Wool, Claman, Drummond, Edgmon, Foster, Gara, Guttenberg, Herron, Kreiss-Tomkins, LeDoux, Lynn, Millett 2016-05-03 House Journal Page 2705 Nays: Neuman, Olson, Pruitt, Reinbold, Saddler, Talerico, Thompson, Tilton, Wilson, Gattis, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Chenault Excused: Vazquez, Hawker Absent: Colver And so, Amendment No. 27 was adopted. Amendment No. 32 was offered by Representatives Tuck and Drummond: Page 1, line 2, following "substances;" (title amendment): Insert "relating to victims of criminal offenses;" Page 55, following line 3: Insert new bill sections to read: "* Sec. 88. AS 12.61 is amended by adding a new section to read: Sec. 12.61.016. Duties of agency investigating a sexual offense. A law enforcement agency investigating an offense under AS 11.41.410 - 11.41.470 may not disclose information related to the investigation to an employer of the victim unless (1) the victim expressly permits the disclosure; or (2) the agency determines the disclosure is necessary to investigate or prevent a crime. * Sec. 89. AS 12.61.017(a) is amended to read: (a) An employer may not penalize or threaten to penalize a victim of an offense because the victim (1) is subpoenaed or requested by the prosecuting attorney to attend a court proceeding for the purpose of giving testimony; or (2) reports the offense to a law enforcement agency or participates in the investigation of the offense by a law enforcement agency [. IN THIS SUBSECTION, "PENALIZE" MEANS TO TAKE ACTION AFFECTING THE EMPLOYMENT STATUS, WAGES, AND BENEFITS PAYABLE TO THE VICTIM, INCLUDING (1) DEMOTION OR SUSPENSION; (2) DISMISSAL FROM EMPLOYMENT; AND (3) LOSS OF PAY OR BENEFITS, EXCEPT PAY 2016-05-03 House Journal Page 2706 AND BENEFITS THAT ARE DIRECTLY ATTRIBUTABLE TO THE VICTIM'S ABSENCE FROM EMPLOYMENT TO ATTEND THE COURT PROCEEDING]. * Sec. 90. AS 12.61.017 is amended by adding a new subsection to read: (d) In this section, "penalize" means to take action affecting the employment status, wages, and benefits payable to the victim, including (1) demotion or suspension; (2) dismissal from employment; and (3) loss of pay or benefits, except pay and benefits that are directly attributable to the victim's absence from employment to (A) attend the court proceeding; (B) report the offense to a law enforcement agency; (C) participate in a law enforcement agency investigation of the offense." Renumber the following bill sections accordingly. Page 108, line 19: Delete "sec. 105" Insert "sec. 108" Page 110, line 28: Delete "sec. 92" Insert "sec. 95" Page 110, line 29: Delete "sec. 93" Insert "sec. 96" Page 110, line 30: Delete "sec. 99" Insert "sec. 102" Page 110, line 31: Delete "sec. 100" Insert "sec. 103" 2016-05-03 House Journal Page 2707 Page 111, line 1: Delete "sec. 149" Insert "sec. 152" Page 111, line 19: Delete "sec. 95" Insert "sec. 98" Page 111, line 20: Delete "sec. 98" Insert "sec. 101" Page 111, line 21: Delete "sec. 108" Insert "sec. 111" Page 111, line 22: Delete "sec. 109" Insert "sec. 112" Page 111, line 23: Delete "sec. 110" Insert "sec. 113" Page 111, line 24: Delete "sec. 112" Insert "sec. 115" Page 111, line 25: Delete "sec. 121" Insert "sec. 124" Page 111, line 26: Delete "sec. 141" Insert "sec. 144" Page 112, line 24: Delete "sec. 103" Insert "sec. 106" 2016-05-03 House Journal Page 2708 Page 112, line 28: Delete "sec. 90" Insert "sec. 93" Page 112, line 29: Delete "sec. 91" Insert "sec. 94" Page 112, line 30: Delete "sec. 97" Insert "sec. 100" Page 113, line 2: Delete "sec. 106" Insert "sec. 109" Page 113, line 3: Delete "sec. 107" Insert "sec. 110" Page 113, line 4: Delete "sec. 111" Insert "sec. 114" Page 113, line 5: Delete "sec. 113" Insert "sec. 116" Page 113, line 6: Delete "sec. 114" Insert "sec. 117" Page 113, line 7: Delete "sec. 115" Insert "sec. 118" Page 113, line 8: Delete "sec. 122" Insert "sec. 125" 2016-05-03 House Journal Page 2709 Page 113, line 9: Delete "sec. 123" Insert "sec. 126" Page 113, line 10: Delete "sec. 124" Insert "sec. 127" Page 113, line 11: Delete "sec. 125" Insert "sec. 128" Page 113, line 12: Delete "sec. 126" Insert "sec. 129" Page 113, line 13: Delete "sec. 127" Insert "sec. 130" Page 113, line 14: Delete "sec. 128" Insert "sec. 131" Page 113, line 15: Delete "sec. 130" Insert "sec. 133" Page 113, line 16: Delete "sec. 166" Insert "sec. 169" Page 113, line 17: Delete "166" Insert "169" Page 113, line 29: Delete "sec. 105" Insert "sec. 108" 2016-05-03 House Journal Page 2710 Page 114, line 1: Delete "sec. 129" Insert "sec. 132" Page 114, line 2: Delete "sec. 131" Insert "sec. 134" Page 114, line 3: Delete "sec. 132" Insert "sec. 135" Page 114, line 4: Delete "sec. 133" Insert "sec. 136" Page 114, line 5: Delete "sec. 134" Insert "sec. 137" Page 114, line 6: Delete "sec. 135" Insert "sec. 138" Page 114, line 7: Delete "sec. 136" Insert "sec. 139" Page 114, line 8: Delete "sec. 137" Insert "sec. 140" Page 114, line 9: Delete "sec. 138" Insert "sec. 141" Page 114, line 10: Delete "sec. 139" Insert "sec. 142" 2016-05-03 House Journal Page 2711 Page 114, line 11: Delete "sec. 102" Insert "sec. 105" Page 114, line 12: Delete "sec. 102" Insert "sec. 105" Page 114, line 13: Delete "sec. 102" Insert "sec. 105" Page 114, line 14: Delete "sec. 102" Insert "sec. 105" Page 114, line 15: Delete "sec. 142" Insert "sec. 145" Page 114, line 16: Delete "sec. 142" Insert "sec. 145" Page 114, line 17: Delete "sec. 142" Insert "sec. 145" Page 114, line 18: Delete "sec. 142" Insert "sec. 145" Page 115, line 4: Delete "sec. 101" Insert "sec. 104" Page 115, line 19: Delete "sec. 166" Insert "sec. 169" 2016-05-03 House Journal Page 2712 Page 115, line 22: Delete "sec. 168(a)" Insert "sec. 171(a)" Page 115, line 24: Delete "sec. 168(b)" Insert "sec. 171(b)" Page 115, line 27: Delete "sec. 168(c)" Insert "sec. 171(c)" Page 115, line 30: Delete "sec. 168(d)" Insert "sec. 171(d)" Page 116, line 2: Delete "sec. 105" Insert "sec. 108" Delete "sec. 168(e)" Insert "sec. 171(e)" Page 116, lines 5 - 6: Delete "90 - 94, 97, 99 - 101, 142, 148 - 158, 167, 168(b), 168(c), and 168(d)" Insert "93 - 97, 102 - 104, 145, 151 - 161, 170, 171(b), 171(c), and 171(d)" Page 116, line 8: Delete "Section 89" Insert "Section 92" Page 116, lines 9 - 10: Delete "95, 96, 98, 102 - 104, 106 - 141, 143 - 146, and 159 - 161" Insert "98, 99, 101, 105 - 107, 109 - 144, 146 - 149, and 162 - 164" Page 116, line 11: Delete "Section 147" Insert "Section 150" 2016-05-03 House Journal Page 2713 Page 116, line 12: Delete "88, 105, 168(a), and 168(e)" Insert "91, 108, 171(a), and 171(e)" Page 116, line 14: Delete "sec. 166" Insert "sec. 169" Representative Tuck moved and asked unanimous consent that Amendment No. 32 be adopted. Representative Saddler objected. The question being: "Shall Amendment No. 32 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 32 YEAS: 23 NAYS: 15 EXCUSED: 2 ABSENT: 0 Yeas: Ortiz, Seaton, Spohnholz, Stutes, Tarr, Tuck, Wool, Claman, Colver, Drummond, Edgmon, Foster, Gara, Guttenberg, Herron, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz Nays: Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Talerico, Thompson, Tilton, Wilson, Gattis, Hughes, Johnson, Keller, Chenault Excused: Vazquez, Hawker And so, Amendment No. 32 was adopted, and the new title follows: 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 victims of criminal offenses; 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 2016-05-03 House Journal Page 2714 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 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. 33 was not offered. Amendment No. 34 was offered by Representatives Pruitt, Tarr, Drummond, and Gara: Page 1, line 9, following "license;" (title amendment): Insert "relating to identification cards and driver's licenses for parolees;" Page 2, following line 10: Insert a new bill section to read: "* Sec. 2. AS 04.16.160(a) is amended to read: (a) Except as otherwise provided by law, a person who is 21 years of age or older may not purchase alcoholic beverages if the person has been ordered to refrain from consuming alcoholic beverages under AS 12.55.015(a)(13) or as part of a sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar municipal ordinance, [OR] as a condition of probation or parole from a conviction under AS 28.35.030, 28.35.032, or a similar municipal ordinance, or as a condition of probation or parole for any other crime. The restriction on purchasing alcoholic beverages applies during the period that the person is required to refrain from consuming alcoholic beverages under the sentence or condition of probation or parole." 2016-05-03 House Journal Page 2715 Renumber the following bill sections accordingly. Page 56, following line 13: Insert a new bill section to read: "* Sec. 92. AS 28.15.191(g) is amended to read: (g) A court that has ordered a person to refrain from consuming alcoholic beverages as part of a sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar municipal ordinance or as a condition of probation or parole following a conviction under those sections or a similar municipal ordinance, or as a condition of probation or parole for any other crime shall (1) require the surrender of the person's license and identification card and forward the license and identification card to the department; (2) report the order to the department within two days; and (3) inform the person that the person's license and identification card are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is otherwise qualified to receive a license or identification card, when the person obtains a new license or identification card, the license or identification card must list the restriction imposed by AS 04.16.160 for the period of probation or parole." Renumber the following bill sections accordingly. Page 82, line 20: Delete "a new subsection" Insert "new subsections" Page 82, following line 28: Insert a new subsection to read: "(i) In addition to other conditions of parole imposed under this section, for a prisoner who is serving a sentence for an offense involving the use of alcohol and whom the board has ordered to refrain from possessing or consuming alcoholic beverages, the board shall require the surrender of the person's driver's license or identification card and forward the license or identification card to the department and impose as a condition of parole that, if the 2016-05-03 House Journal Page 2716 parolee is eligible for a driver's license or identification card, the parolee shall apply to the department for a new license or identification card with a restriction imposed on the person under AS 04.16.160. The board shall notify the department of the board's order under this subsection by providing a copy of the board's order. Upon discharge from parole, the board shall notify the department of the parolee's discharge. In this subsection, "department" means the Department of Administration." Page 108, line 3: Delete "sec. 53" Insert "sec. 54" 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" Page 108, line 16: Delete "sec. 86" Insert "sec. 87" Page 108, line 19: Delete "sec. 105" Insert "sec. 107" Page 109, line 31: Delete "sec. 5" Insert "sec. 6" Page 110, line 1: Delete "sec. 6" Insert "sec. 7" 2016-05-03 House Journal Page 2717 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 2718 Page 110, line 12: Delete "sec. 17" Insert "sec. 18" Page 110, line 13: Delete "sec. 18" Insert "sec. 19" Page 110, line 14: Delete "sec. 19" Insert "sec. 20" Page 110, line 15: Delete "sec. 21" Insert "sec. 22" Page 110, line 16: Delete "sec. 22" Insert "sec. 23" Page 110, line 17: Delete "sec. 24" Insert "sec. 25" Page 110, line 18: Delete "sec. 26" Insert "sec. 27" Page 110, line 19: Delete "sec. 27" Insert "sec. 28" Page 110, line 20: Delete "sec. 29" Insert "sec. 30" Page 110, line 21: Delete "sec. 35" Insert "sec. 36" 2016-05-03 House Journal Page 2719 Page 110, line 22: Delete "sec. 36" Insert "sec. 37" Page 110, line 23: Delete "sec. 39" Insert "sec. 40" Page 110, line 24: Delete "sec. 41" Insert "sec. 42" Page 110, line 25: Delete "sec. 43" Insert "sec. 44" 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. 94" Page 110, line 29: Delete "sec. 93" Insert "sec. 95" Page 110, line 30: Delete "sec. 99" Insert "sec. 101" Page 110, line 31: Delete "sec. 100" Insert "sec. 102" 2016-05-03 House Journal Page 2720 Page 111, line 1: Delete "sec. 149" Insert "sec. 151" Page 111, line 4: Delete "sec. 31" Insert "sec. 32" Page 111, line 5: Delete "sec. 32" Insert "sec. 33" Page 111, line 6: Delete "sec. 33" Insert "sec. 34" Page 111, line 7: Delete "sec. 34" Insert "sec. 35" Page 111, line 10: Delete "sec. 62" Insert "sec. 63" Page 111, line 11: Delete "sec. 63" Insert "sec. 64" Page 111, line 12: Delete "sec. 64" Insert "sec. 65" Page 111, line 13: Delete "sec. 65" Insert "sec. 66" Page 111, line 16: Delete "sec. 60" Insert "sec. 61" 2016-05-03 House Journal Page 2721 Page 111, line 17: Delete "sec. 61" Insert "sec. 62" Page 111, line 18: Delete "sec. 78" Insert "sec. 79" Page 111, following line 18: Insert a new paragraph to read: "(4) AS 28.15.191(g), as amended by sec. 92 of this Act;" Renumber the following paragraphs accordingly. Page 111, line 19: Delete "sec. 95" Insert "sec. 97" Page 111, line 20: Delete "sec. 98" Insert "sec. 100" Page 111, line 21: Delete "sec. 108" Insert "sec. 110" Page 111, line 22: Delete "sec. 109" Insert "sec. 111" Page 111, line 23: Delete "sec. 110" Insert "sec. 112" Page 111, line 24: Delete "sec. 112" Insert "sec. 114" Page 111, line 25: Delete "sec. 121" Insert "sec. 123" 2016-05-03 House Journal Page 2722 Page 111, line 26: Delete "sec. 141" Insert "sec. 143" Page 111, line 27: Delete "sec. 58" Insert "sec. 59" Page 111, line 28: Delete "sec. 58" Insert "sec. 59" Page 111, line 29: Delete "sec. 58" Insert "sec. 59" Page 112, line 2: Delete "sec. 67" Insert "sec. 68" 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" 2016-05-03 House Journal Page 2723 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" 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" 2016-05-03 House Journal Page 2724 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. 105" Page 112, line 26, following "license": Insert ", or an identification card or driver's license issued to a parolee," Page 112, following line 27: Insert a new paragraph to read: "(1) AS 04.16.160(a), as amended by sec. 2 of this Act;" Renumber the following paragraphs accordingly. Page 112, line 28: Delete "sec. 90" Insert "sec. 91" Page 112, line 29: Delete "sec. 91" Insert "sec. 93" Page 112, line 30: Delete "sec. 97" Insert "sec. 99" Page 113, line 2: Delete "sec. 106" Insert "sec. 108" 2016-05-03 House Journal Page 2725 Page 113, line 3: Delete "sec. 107" Insert "sec. 109" Page 113, line 4: Delete "sec. 111" Insert "sec. 113" Page 113, line 5: Delete "sec. 113" Insert "sec. 115" Page 113, line 6: Delete "sec. 114" Insert "sec. 116" Page 113, line 7: Delete "sec. 115" Insert "sec. 117" Page 113, line 8: Delete "sec. 122" Insert "sec. 124" Page 113, line 9: Delete "sec. 123" Insert "sec. 125" Page 113, line 10: Delete "sec. 124" Insert "sec. 126" Page 113, line 11: Delete "sec. 125" Insert "sec. 127" Page 113, line 12: Delete "sec. 126" Insert "sec. 128" 2016-05-03 House Journal Page 2726 Page 113, line 13: Delete "sec. 127" Insert "sec. 129" Page 113, line 14: Delete "AS 33.16.150(h)": Insert "AS 33.16.150(h) and (i)" Delete "sec. 128" Insert "sec. 130" Page 113, line 15: Delete "sec. 130" Insert "sec. 132" Page 113, line 16: Delete "sec. 22" Insert "sec. 23" Delete "sec. 166" Insert "sec. 168" Page 113, line 17: Delete "secs. 22 and 166" Insert "secs. 23 and 168" Page 113, line 20: Delete "sec. 49" Insert "sec. 50" Page 113, line 21: Delete "sec. 50" Insert "sec. 51" Page 113, line 22: Delete "sec. 51" Insert "sec. 52" Page 113, line 23: Delete "sec. 52" Insert "sec. 53" 2016-05-03 House Journal Page 2727 Page 113, line 24: Delete "sec. 53" Insert "sec. 54" Page 113, line 25: Delete "sec. 54" Insert "sec. 55" Page 113, line 26: Delete "sec. 55" Insert "sec. 56" Page 113, line 27: Delete "sec. 56" Insert "sec. 57" Page 113, line 28: Delete "sec. 57" Insert "sec. 58" Page 113, line 29: Delete "sec. 105" Insert "sec. 107" Page 114, line 1: Delete "sec. 129" Insert "sec. 131" Page 114, line 2: Delete "sec. 131" Insert "sec. 133" Page 114, line 3: Delete "sec. 132" Insert "sec. 134" Page 114, line 4: Delete "sec. 133" Insert "sec. 135" 2016-05-03 House Journal Page 2728 Page 114, line 5: Delete "sec. 134" Insert "sec. 136" Page 114, line 6: Delete "sec. 135" Insert "sec. 137" Page 114, line 7: Delete "sec. 136" Insert "sec. 138" Page 114, line 8: Delete "sec. 137" Insert "sec. 139" Page 114, line 9: Delete "sec. 138" Insert "sec. 140" Page 114, line 10: Delete "sec. 139" Insert "sec. 141" Page 114, line 11: Delete "sec. 102" Insert "sec. 104" Page 114, line 12: Delete "sec. 102" Insert "sec. 104" Page 114, line 13: Delete "sec. 102" Insert "sec. 104" Page 114, line 14: Delete "sec. 102" Insert "sec. 104" 2016-05-03 House Journal Page 2729 Page 114, line 15: Delete "sec. 142" Insert "sec. 144" Page 114, line 16: Delete "sec. 142" Insert "sec. 144" Page 114, line 17: Delete "sec. 142" Insert "sec. 144" Page 114, line 18: Delete "sec. 142" Insert "sec. 144" Page 114, line 22: Delete "sec. 45" Insert "sec. 46" Page 114, line 23: Delete "sec. 47" Insert "sec. 48" Page 114, line 24: Delete "sec. 44" Insert "sec. 45" Page 114, line 25: Delete "sec. 44" Insert "sec. 45" Page 114, line 26: Delete "sec. 44" Insert "sec. 45" Page 114, line 29: Delete "sec. 81" Insert "sec. 82" 2016-05-03 House Journal Page 2730 Page 114, line 30: Delete "sec. 82" Insert "sec. 83" Page 114, line 31: Delete "sec. 83" Insert "sec. 84" 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. 103" 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 14: Delete "sec. 2" Insert "sec. 3" 2016-05-03 House Journal Page 2731 Page 115, line 18: Delete "sec. 22" Insert "sec. 23" Page 115, line 19: Delete "sec. 166" Insert "sec. 168" Page 115, line 21: Delete "sec. 53" Insert "sec. 54" Page 115, line 22: Delete "sec. 168(a)" Insert "sec. 170(a)" Page 115, line 24: Delete "sec. 69" Insert "sec. 70" Delete "sec. 168(b)" Insert "sec. 170(b)" Page 115, line 27: Delete "sec. 70" Insert "sec. 71" Delete "sec. 168(c)" Insert "sec. 170(c)" Page 115, line 30: Delete "sec. 86" Insert "sec. 87" Delete "sec. 168(d)" Insert "sec. 170(d)" Page 116, line 2: Delete "sec. 105" Insert "sec. 107" Delete "sec. 168(e)" Insert "sec. 170(e)" 2016-05-03 House Journal Page 2732 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 2, 4 - 22, 24 - 44, 68 - 71, 73, 80 - 88, 91 - 96, 99, 101 - 103, 144, 150 - 160, 169, 170(b), 170(c), and 170(d)" Page 116, line 6: Delete "sec. 22" Insert "sec. 23" Page 116, line 8: Delete "Section 89" Insert "Section 90" 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 46 - 49, 59, 61, 62, 67, 72, 74 - 79, 97, 98, 100, 104 - 106, 108 - 143, 145 - 148, and 161 - 163" Page 116, line 11: Delete "Section 147" Insert "Section 149" Page 116, line 12: Delete "Sections 44, 49 - 57, 88, 105, 168(a), and 168(e)" Insert "Sections 45, 50 - 58, 89, 107, 170(a), and 170(e)" Page 116, line 14: Delete "sec. 22" Insert "sec. 23" Delete "sec. 166" Insert "sec. 168" Representative Pruitt moved and asked unanimous consent that Amendment No. 34 be adopted. Representative Claman objected. 2016-05-03 House Journal Page 2733 The presence of Representative Vazquez, who was excused (page 2647), was noted. The question being: "Shall Amendment No. 34 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 34 YEAS: 27 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Spohnholz, Talerico, Tarr, Thompson, Tilton, Vazquez, Colver, Drummond, Gara, Gattis, Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, LeDoux, Lynn, Millett, Nageak Nays: Seaton, Stutes, Tuck, Wilson, Wool, Claman, Edgmon, Foster, Kito, Kreiss-Tomkins, Munoz, Chenault Excused: Hawker And so, Amendment No. 34 was adopted, and the new title follows: 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 victims of criminal offenses; 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 license; relating to identification cards and driver's licenses for parolees; 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 2016-05-03 House Journal Page 2734 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. 35 was offered by Representative Pruitt: Page 50, line 21, through page 51, line 14: Delete all material and insert: "* Sec. 83. AS 12.55.125(e) is amended to read: (e) Except as provided in (i) of this section, a defendant convicted of a class C felony may be sentenced to a definite term of imprisonment of not more than five 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 (4) of this subsection, probation, with a suspended term of imprisonment of zero to 18 months [TWO 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,] and the court may, as a condition of probation under AS 12.55.086, require the defendant to serve an active term of imprisonment of not more than 120 days [WITHIN THE RANGE SPECIFIED IN THIS PARAGRAPH]; (2) if the offense is a second felony conviction, one to three [TWO TO FOUR] years; (3) if the offense is a third felony conviction, two [THREE] to five years; (4) if the offense is a first felony conviction, and the defendant violated (A) AS 08.54.720(a)(15), one to two years; (B) AS 28.35.030(n)(1)(A) or 28.35.032(p)(1)(A), 120 days to 239 days; (C) AS 28.35.030(n)(1)(B) or 28.35.032(p)(1)(B), 240 days to 359 days; 2016-05-03 House Journal Page 2735 (D) AS 28.35.030(n)(1)(C) or 23.35.032(p)(1)(C), 360 days to two years." Representative Pruitt moved and asked unanimous consent that Amendment No. 35 be adopted. Representative Claman objected. The House adjourned.