Legislature(2017 - 2018)

2017-11-05 House Journal

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2017-11-05                     House Journal                      Page 1947
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
                         THIRTIETH LEGISLATURE                                                                               
                                                                                                                                
                        FOURTH SPECIAL SESSION                                                                               
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Sunday             November 5, 2017                                                          
                                                                                                                                
                            Fourteenth Day                                                                                 
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Edgmon at 1:49 p.m.                                                                                                             
                                                                                                                                
Roll call showed 39 members present.                                                                                            
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Representative Rauscher be excused from a call of the House today.                                                              
There being no objection, it was so ordered.  The presence of                                                                   
Representative Rauscher was noted later.                                                                                        
                                                                                                                                
The invocation was offered by the Chaplain, Representative Wool.                                                                
Representative Westlake moved and asked unanimous consent that the                                                              
invocation be spread on the journal.  There being no objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
      With the deepest respect for all Alaskans and their varied                                                               
    beliefs, I offer this invocation which consists of three quotes                                                            
    and followed by a prayer.                                                                                                   
                                                                                                                                
     A man who has committed a mistake and doesn't correct it, he                                                              
    is committing another mistake.  Confucious                                                                                  
                                                                                                                                
   If he has a conscience he will suffer for his mistake; that will                                                            
       be punishment as well as the prison.  Fyodor Dostoyevsky,                                                               
    Crime and Punishment                                                                                                      
                                                                                                                                
                                                                                                                                

2017-11-05                     House Journal                      Page 1948
    The glory of justice and the majesty of law are crafted not just                                                            
    by the Constitution - nor by the courts - nor by the lawyers -                                                              
    but by the men and women who constitute our society - who                                                                   
    are the protectors of the law as they are themselves protected                                                              
    by the law.  Robert Kennedy                                                                                                 
                                                                                                                                
    WO LORD, hear my plea for justice.  Listen to my cry for                                                                    
    help.  Pay attention to my prayer, for it comes from an honest                                                              
    heart.  Help us to love our neighbors more than we love                                                                     
    ourselves, respecting differences and embracing our                                                                         
    commonalities to find common ground.                                                                                        
                                                                                                                                
    Break our hearts for the things that break yours.  Help us to be                                                            
    your echoes of mercy and whispers of love.  Use our hands to                                                                
    extend help to those who are in need of it.  Guide our hearts to                                                            
    an everlasting peace.  Help us to realize that an aching world                                                              
    is waiting for us, your followers, to be instruments of justice                                                             
    and stewards of your word.                                                                                                  
                                                                                                                                
    In your name we pray.  Amen.                                                                                                
                                                                                                                                
The Pledge of Allegiance was led by Representative Tilton.                                                                      
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
journal for the 13th legislative day of the fourth special session be                                                           
approved as certified by the Chief Clerk.  There being no objection, it                                                         
was so ordered.                                                                                                                 
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SENATE BILLS IN THIRD READING                                                                           
                                                                                                                                
SB 54                                                                                                                         
The following, which was held in second reading from the                                                                        
November 4 calendar (page 1945), was before the House:                                                                          
                                                                                                                                
           HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN) am H                                                                    
    "An Act relating to crime and criminal law; relating to violation of                                                        
    condition of release; relating to sex trafficking; classifying U-                                                           

2017-11-05                     House Journal                      Page 1949
    47700 as a schedule IA controlled substance; classifying tramadol                                                           
    and related substances as schedule IVA controlled substances;                                                               
    relating to sentencing; relating to imprisonment; relating to parole;                                                       
    relating to probation; relating to driving without a license;                                                               
    establishing a maximum caseload for probation and parole                                                                    
    officers; relating to the pretrial services program; relating to the                                                        
    Alaska Criminal Justice Commission; relating to the Alaska                                                                  
    Judicial Council; and providing for an effective date."                                                                     
                                                                                                                                
Amendment No. 12 was offered  by Representatives Reinbold,                                                                       
Kawasaki, Eastman, Rauscher, and Tuck:                                                                                          
                                                                                                                                
Page 15, line 27, through page 16, line 16:                                                                                     
    Delete all material and insert:                                                                                             
"* Sec. 28. 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 two years [18 MONTHS]; 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 within the range specified in this                                                                 
    paragraph;                                                                                                              
             (2)  if the offense is a second felony conviction, two                                                         
    [ONE] to four [THREE] years;                                                                                            
             (3)  if the offense is a third felony conviction, three                                                        
    [TWO] 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;                                                                                                  

2017-11-05                     House Journal                      Page 1950
                 (C)  AS 28.35.030(n)(1)(B) OR 28.35.032(p)(1)(B),                                                              
         240 DAYS TO 359 DAYS;                                                                                                  
                 (D)  AS 28.35.030(n)(1)(C) OR 23.35.032(p)(1)(C),                                                              
         360 DAYS TO TWO YEARS]."                                                                                               
                                                                                                                                
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12.55.125(e)(4)(E);"                                                                                                            
                                                                                                                                
Representative Reinbold moved and asked unanimous consent that                                                                  
Amendment No. 12 be adopted.                                                                                                    
                                                                                                                                
Representative Fansler objected.                                                                                                
                                                                                                                                
Representative Claman rose to a point of order regarding confining                                                              
remarks to the amendment before the body.                                                                                       
                                                                                                                                
The Speaker acknowledged the point of order and requested that                                                                  
members cite Mason's Manual in the future.                                                                                      
                                                                                                                                
Amendment No. 1 to Amendment No. 12 was offered  by                                                                              
Representative Johnston:                                                                                                        
                                                                                                                                
Under Sec. 28., (2):                                                                                                          
 Delete "two [ONE]"                                                                                                       
 Insert "one"                                                                                                           
                                                                                                                                
Under Sec. 28., (3):                                                                                                          
 Delete "three [TWO]"                                                                                                     
 Insert "two"                                                                                                           
                                                                                                                                
Representative Johnston moved and asked unanimous consent that                                                                  
Amendment No. 1 to Amendment No. 12 be adopted.  There being no                                                                 
objection, it was so ordered.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 12 as amended be                                                                      
adopted?"  The roll was taken with the following result:                                                                        
                                                                                                                                

2017-11-05                     House Journal                      Page 1951
HCS CSSB 54(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 12 as amended                                                                                                     
                                                                                                                                
YEAS:  26   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Chenault, Eastman, Grenn, Johnson, Johnston,                                                                      
Josephson, Kawasaki, Knopp, Kopp, Kreiss-Tomkins, LeDoux,                                                                       
Millett, Neuman, Pruitt, Reinbold, Saddler, Spohnholz, Stutes,                                                                  
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson                                                                
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara,                                                                         
Guttenberg, Kito, Ortiz, Parish, Seaton, Westlake, Wool                                                                         
                                                                                                                                
Excused:  Rauscher                                                                                                              
                                                                                                                                
And so, Amendment No. 12 as amended was adopted.                                                                                
                                                                                                                                
The Speaker stated that, without objection, Amendment No. 13 would                                                              
be moved to the bottom of the amendments.                                                                                       
                                                                                                                                
Amendment No. 14 was offered  by Representatives LeDoux, Eastman,                                                                
Rauscher, and Tuck:                                                                                                             
                                                                                                                                
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Representative LeDoux moved and asked unanimous consent that                                                                    
Amendment No. 14 be adopted.                                                                                                    
                                                                                                                                
Representative Fansler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 14 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                

2017-11-05                     House Journal                      Page 1952
HCS CSSB 54(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 14                                                                                                                
                                                                                                                                
YEAS:  21   NAYS:  18   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Chenault, Eastman, Johnson, Johnston, Josephson,                                                                  
Kawasaki, Knopp, Kopp, LeDoux, Millett, Neuman, Pruitt, Reinbold,                                                               
Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Tuck, Wilson                                                             
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn,                                                                  
Guttenberg, Kito, Kreiss-Tomkins, Ortiz, Parish, Seaton, Spohnholz,                                                             
Stutes, Tarr, Westlake, Wool                                                                                                    
                                                                                                                                
Excused:  Rauscher                                                                                                              
                                                                                                                                
And so, Amendment No. 14 was adopted.                                                                                           
                                                                                                                                
**The presence of Representative Rauscher, who was excused (page                                                                
1947), was noted.                                                                                                               
                                                                                                                                
Amendment No. 15 was offered  by Representatives LeDoux and                                                                      
Eastman:                                                                                                                        
                                                                                                                                
Page 18, following line 23:                                                                                                     
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"* Sec. 33. AS 12.55.135(m) is amended to read:                                                                               
         (m)  A court may not impose a sentence of imprisonment for a                                                           
    definite term of more than five days [24 HOURS] for a person                                                            
    convicted of disorderly conduct under AS 11.61.110."                                                                        
                                                                                                                                
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2017-11-05                     House Journal                      Page 1953
Page 43, following line 10:                                                                                                     
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         "(8)  AS 12.55.135(m), as amended by sec. 33 of this Act;"                                                             
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
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2017-11-05                     House Journal                      Page 1954
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2017-11-05                     House Journal                      Page 1955
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Representative LeDoux moved and asked unanimous consent that                                                                    
Amendment No. 15 be adopted.                                                                                                    
                                                                                                                                
Representative Fansler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 15 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 54(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 15                                                                                                                
                                                                                                                                
YEAS:  19   NAYS:  21   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Chenault, Eastman, Johnson, Josephson, Knopp, Kopp,                                                               
LeDoux, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler,                                                                   
Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson                                                                            
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn,                                                                  
Guttenberg, Johnston, Kawasaki, Kito, Kreiss-Tomkins, Ortiz, Parish,                                                            
Seaton, Spohnholz, Stutes, Tarr, Tuck, Westlake, Wool                                                                           
                                                                                                                                
And so, Amendment No. 15 was not adopted.                                                                                       
                                                                                                                                
Amendment No. 16 was offered  by Representatives Talerico, Millett,                                                              
and Eastman:                                                                                                                    
                                                                                                                                
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    Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                            
AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
                                                                                                                                

2017-11-05                     House Journal                      Page 1956
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AS 11.46.982,]"                                                                                                                 
                                                                                                                                
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   "* Sec. 3. 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 [, ADJUSTED FOR                                                                           
    INFLATION AS PROVIDED IN AS 11.46.982,] is less than                                                                        
    $250."                                                                                                                      
                                                                                                                                
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2017-11-05                     House Journal                      Page 1957
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2017-11-05                     House Journal                      Page 1958
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   "* Sec. 12. 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)."                                                                                                           
                                                                                                                                

2017-11-05                     House Journal                      Page 1959
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2017-11-05                     House Journal                      Page 1960
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 42, line 3, following "Sec. 67.":                                                                                        
    Insert "AS 11.46.980(d), 11.46.982;"                                                                                        
                                                                                                                                
Page 42, following line 12:                                                                                                     
    Insert a new paragraph to read:                                                                                             
         "(3)  AS 11.46.150(a), as amended by sec. 3 of this Act;"                                                              
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 42, line 13:                                                                                                               
    Delete "sec. 3"                                                                                                             
    Insert "sec. 4"                                                                                                             
                                                                                                                                
Page 42, line 14:                                                                                                               
    Delete "sec. 4"                                                                                                             
    Insert "sec. 5"                                                                                                             
                                                                                                                                
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    Delete "sec. 5"                                                                                                             
    Insert "sec. 6"                                                                                                             
                                                                                                                                
Page 42, line 16:                                                                                                               
    Delete "sec. 6"                                                                                                             
    Insert "sec. 7"                                                                                                             
                                                                                                                                
Page 42, line 17:                                                                                                               
    Delete "sec. 7"                                                                                                             
    Insert "sec. 8"                                                                                                             
                                                                                                                                
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    Delete "sec. 8"                                                                                                             
    Insert "sec. 9"                                                                                                             
                                                                                                                                
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    Delete "sec. 9"                                                                                                             
    Insert "sec. 10"                                                                                                            
                                                                                                                                
                                                                                                                                

2017-11-05                     House Journal                      Page 1961
Page 42, line 20:                                                                                                               
    Delete "sec. 10"                                                                                                            
    Insert "sec. 11"                                                                                                            
                                                                                                                                
Page 42, following line 20:                                                                                                     
    Insert a new paragraph to read:                                                                                             
         "(12)  AS 11.46.486(a), as amended by sec. 12 of this Act;"                                                            
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 42, line 21:                                                                                                               
    Delete "sec. 11"                                                                                                            
    Insert "sec. 13"                                                                                                            
                                                                                                                                
Page 42, line 22:                                                                                                               
    Delete "sec. 12"                                                                                                            
    Insert "sec. 14"                                                                                                            
                                                                                                                                
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    Delete "sec. 13"                                                                                                            
    Insert "sec. 15"                                                                                                            
                                                                                                                                
Representative Talerico moved and asked unanimous consent that                                                                  
Amendment No. 16 be adopted.                                                                                                    
                                                                                                                                
Representative Fansler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 16 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 54(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 16                                                                                                                
                                                                                                                                
YEAS:  18   NAYS:  22   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Chenault, Eastman, Johnson, Johnston, Josephson,                                                                  
Knopp, Kopp, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler,                                                              
Sullivan-Leonard, Thompson, Tilton, Wilson                                                                                      
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn,                                                                  
Guttenberg, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Ortiz, Parish,                                                              

2017-11-05                     House Journal                      Page 1962
Seaton, Spohnholz, Stutes, Talerico, Tarr, Tuck, Westlake, Wool                                                                 
                                                                                                                                
And so, Amendment No. 16 was not adopted.                                                                                       
                                                                                                                                
The Speaker stated that, without objection, Amendment No. 17 would                                                              
be moved to the bottom of the amendments.                                                                                       
                                                                                                                                
Representative Talerico moved and asked unanimous consent to                                                                    
rescind previous action in failing to adopt Amendment No. 16.  There                                                            
being no objection, it was so ordered.                                                                                          
                                                                                                                                
Representative Gara placed a call of the House.                                                                                 
                                                                                                                                
The Speaker stated the call was satisfied.                                                                                      
                                                                                                                                
The question being:  "Shall Amendment No. 16 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 54(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 16                                                                                                                
                                                                                                                                
YEAS:  19   NAYS:  21   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Chenault, Eastman, Grenn, Johnson, Johnston, Knopp,                                                               
Kopp, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler,                                                                     
Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson                                                                            
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara,                                                                         
Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux,                                                                  
Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Westlake, Wool                                                            
                                                                                                                                
And so, Amendment No. 16 was not adopted.                                                                                       
                                                                                                                                
Amendment No. 18 was not offered.                                                                                               
                                                                                                                                
Amendment No. 19 was offered  by Representatives Wilson, Eastman,                                                                
Tuck, and Kawasaki:                                                                                                             
                                                                                                                                
Page 1, line 4, following "imprisonment;" (title amendment):                                                                  
    Insert "relating to court records concerning sentencing in                                                                
criminal cases;"                                                                                                              
                                                                                                                                

2017-11-05                     House Journal                      Page 1963
Page 25, following line 4:                                                                                                      
    Insert a new bill section to read:                                                                                          
"* Sec. 38. AS 22.35 is amended by adding a new section to read:                                                              
         Sec. 22.35.040. Records concerning sentencing in criminal                                                            
    cases. The Alaska Court System shall publish a court record                                                               
    relating to the sentence imposed upon conviction of a crime in a                                                            
    criminal case on a publicly available website at no cost to the                                                             
    user."                                                                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 42, line 30:                                                                                                               
    Delete "sec. 38"                                                                                                            
    Insert "sec. 39"                                                                                                            
                                                                                                                                
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    Delete "sec. 39"                                                                                                            
    Insert "sec. 40"                                                                                                            
                                                                                                                                
Page 43, line 1:                                                                                                                
    Delete "sec. 59"                                                                                                            
    Insert "sec. 60"                                                                                                            
                                                                                                                                
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    Delete "sec. 49"                                                                                                            
    Insert "sec. 50"                                                                                                            
                                                                                                                                
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    Delete "sec. 49"                                                                                                            
    Insert "sec. 50"                                                                                                            
                                                                                                                                
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    Insert "70"                                                                                                                 
                                                                                                                                
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    Delete "Section 69"                                                                                                         
    Insert "Section 70"                                                                                                         
                                                                                                                                
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    Delete "SEC. 66"                                                                                                            
    Insert "SEC. 67"                                                                                                            

2017-11-05                     House Journal                      Page 1964
Page 43, line 25:                                                                                                               
    Delete "Section 66"                                                                                                         
    Insert "Section 67"                                                                                                         
                                                                                                                                
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    Delete "and 41"                                                                                                             
    Insert "38, and 42"                                                                                                         
                                                                                                                                
Page 44, line 5:                                                                                                                
    Delete "sec. 72"                                                                                                            
    Insert "sec. 73"                                                                                                            
    Delete "sec. 66"                                                                                                            
    Insert "sec. 67"                                                                                                            
                                                                                                                                
Page 44, line 7:                                                                                                                
    Delete "Section 40"                                                                                                         
    Insert "Section 41"                                                                                                         
                                                                                                                                
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    Delete "sec. 71(a)"                                                                                                         
    Insert "sec. 72(a)"                                                                                                         
                                                                                                                                
Page 44, line 10:                                                                                                               
    Delete "sec. 69"                                                                                                            
    Insert "sec. 70"                                                                                                            
    Delete "sec. 71(b)"                                                                                                         
    Insert "sec. 72(b)"                                                                                                         
                                                                                                                                
Page 44, line 12:                                                                                                               
    Delete "Section 68"                                                                                                         
    Insert "Section 69"                                                                                                         
                                                                                                                                
Page 44, line 13:                                                                                                               
    Delete "sec. 76"                                                                                                            
    Insert "sec. 77"                                                                                                            
                                                                                                                                
Page 44, line 15:                                                                                                               
    Delete "secs. 73 - 78"                                                                                                      
    Insert "secs. 74 - 79"                                                                                                      
                                                                                                                                

2017-11-05                     House Journal                      Page 1965
Representative Wilson moved and asked unanimous consent that                                                                    
Amendment No. 19 be adopted.                                                                                                    
                                                                                                                                
Representative Fansler objected.                                                                                                
                                                                                                                                
The Speaker stated that, without objection, the House would recess to                                                           
a call of the Chair; and so, the House recessed at 5:43 p.m.                                                                    
                                                                                                                                
                             AFTER RECESS                                                                                    
                                                                                                                                
The Speaker called the House back to order at 7:17 p.m.                                                                         
                                                                                                                                
                     SENATE BILLS IN THIRD READING                                                                           
                              (continued)                                                                                      
                                                                                                                                
SB 54                                                                                                                         
HCS CSSB 54(FIN) am H was before the House in second reading                                                                    
(page 1948) with Amendment No. 19 moved and pending.                                                                            
                                                                                                                                
Representative Fansler removed the objection.  There being no further                                                           
objection, Amendment No. 19 was adopted, and the new title follows:                                                             
                                                                                                                                
           HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN) am H                                                                    
    "An Act relating to crime and criminal law; relating to violation of                                                        
    condition of release; relating to sex trafficking; classifying U-                                                           
    47700 as a schedule IA controlled substance; classifying tramadol                                                           
    and related substances as schedule IVA controlled substances;                                                               
    relating to sentencing; relating to imprisonment; relating to court                                                         
    records concerning sentencing in criminal cases; relating to                                                                
    parole; relating to probation; relating to driving without a license;                                                       
    establishing a maximum caseload for probation and parole                                                                    
    officers; relating to the pretrial services program; relating to the                                                        
    Alaska Criminal Justice Commission; relating to the Alaska                                                                  
    Judicial Council; and providing for an effective date."                                                                     
                                                                                                                                
Amendment No. 20 was offered  by Representatives Saddler, Birch,                                                                 
Pruitt, Talerico, Kopp, Eastman, Thompson, Chenault, Reinbold,                                                                  
Rauscher, Kawasaki, and Tuck:                                                                                                   
                                                                                                                                
                                                                                                                                

2017-11-05                     House Journal                      Page 1966
Page 7, following line 9:                                                                                                       
    Insert a new bill section to read:                                                                                          
"* Sec. 11. 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 and, with                                                         
    criminal negligence, disregards the fact that [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 42, following line 20:                                                                                                     
    Insert a new paragraph to read:                                                                                             
         "(11)  AS 11.46.486(a), as amended by sec. 11 of this Act;"                                                            
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 42, line 21:                                                                                                               
    Delete "sec. 11"                                                                                                            
    Insert "sec. 12"                                                                                                            
                                                                                                                                
Page 42, line 22:                                                                                                               
    Delete "sec. 12"                                                                                                            
    Insert "sec. 13"                                                                                                            
                                                                                                                                
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    Insert "sec. 14"                                                                                                            
                                                                                                                                
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    Delete "sec. 16"                                                                                                            
    Insert "sec. 17"                                                                                                            
                                                                                                                                

2017-11-05                     House Journal                      Page 1967
Page 42, line 25:                                                                                                               
    Delete "sec. 17"                                                                                                            
    Insert "sec. 18"                                                                                                            
                                                                                                                                
Page 42, line 26:                                                                                                               
    Delete "sec. 18"                                                                                                            
    Insert "sec. 19"                                                                                                            
                                                                                                                                
Page 42, line 27:                                                                                                               
    Delete "sec. 19"                                                                                                            
    Insert "sec. 20"                                                                                                            
                                                                                                                                
Page 42, line 28:                                                                                                               
    Delete "sec. 20"                                                                                                            
    Insert "sec. 21"                                                                                                            
                                                                                                                                
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    Delete "sec. 23"                                                                                                            
    Insert "sec. 24"                                                                                                            
                                                                                                                                
Page 42, line 30:                                                                                                               
    Delete "sec. 38"                                                                                                            
    Insert "sec. 39"                                                                                                            
                                                                                                                                
Page 42, line 31:                                                                                                               
    Delete "sec. 39"                                                                                                            
    Insert "sec. 40"                                                                                                            
                                                                                                                                
Page 43, line 1:                                                                                                                
    Delete "sec. 59"                                                                                                            
    Insert "sec. 60"                                                                                                            
                                                                                                                                
Page 43, line 4:                                                                                                                
    Delete "sec. 24"                                                                                                            
    Insert "sec. 25"                                                                                                            
                                                                                                                                
Page 43, line 5:                                                                                                                
    Delete "sec. 27"                                                                                                            
    Insert "sec. 28"                                                                                                            
                                                                                                                                

2017-11-05                     House Journal                      Page 1968
Page 43, line 6:                                                                                                                
    Delete "sec. 28"                                                                                                            
    Insert "sec. 29"                                                                                                            
                                                                                                                                
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    Delete "sec. 29"                                                                                                            
    Insert "sec. 30"                                                                                                            
                                                                                                                                
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    Delete "sec. 30"                                                                                                            
    Insert "sec. 31"                                                                                                            
                                                                                                                                
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    Delete "sec. 31"                                                                                                            
    Insert "sec. 32"                                                                                                            
                                                                                                                                
Page 43, line 10:                                                                                                               
    Delete "sec. 32"                                                                                                            
    Insert "sec. 33"                                                                                                            
                                                                                                                                
Page 43, line 11:                                                                                                               
    Delete "sec. 33"                                                                                                            
    Insert "sec. 34"                                                                                                            
                                                                                                                                
Page 43, line 12:                                                                                                               
    Delete "sec. 34"                                                                                                            
    Insert "sec. 35"                                                                                                            
                                                                                                                                
Page 43, line 13:                                                                                                               
    Delete "sec. 49"                                                                                                            
    Insert "sec. 50"                                                                                                            
                                                                                                                                
Page 43, line 14:                                                                                                               
    Delete "sec. 49"                                                                                                            
    Insert "sec. 50"                                                                                                            
                                                                                                                                
Page 43, line 17:                                                                                                               
    Delete "SECS. 37 AND 69"                                                                                                    
    Insert "SECS. 38 AND 70"                                                                                                    
                                                                                                                                

2017-11-05                     House Journal                      Page 1969
Page 43, lines 17 - 18:                                                                                                         
    Delete "sec. 37"                                                                                                            
    Insert "sec. 38"                                                                                                            
                                                                                                                                
Page 43, line 20:                                                                                                               
    Delete "Section 69"                                                                                                         
    Insert "Section 70"                                                                                                         
    Delete "sec. 37"                                                                                                            
    Insert "sec. 38"                                                                                                            
                                                                                                                                
Page 43, line 24:                                                                                                               
    Delete "SEC. 66"                                                                                                            
    Insert "SEC. 67"                                                                                                            
                                                                                                                                
Page 43, line 25:                                                                                                               
    Delete "Section 66"                                                                                                         
    Insert "Section 67"                                                                                                         
                                                                                                                                
Page 44, line 4:                                                                                                                
    Delete "Sections 23, 24, and 41"                                                                                            
    Insert "Sections 24, 25, and 42"                                                                                            
                                                                                                                                
Page 44, line 5:                                                                                                                
    Delete "sec. 72"                                                                                                            
    Insert "sec. 73"                                                                                                            
    Delete "sec. 66"                                                                                                            
    Insert "sec. 67"                                                                                                            
                                                                                                                                
Page 44, line 7:                                                                                                                
    Delete "Section 40"                                                                                                         
    Insert "Section 41"                                                                                                         
                                                                                                                                
Page 44, line 8:                                                                                                                
    Delete "sec. 37"                                                                                                            
    Insert "sec. 38"                                                                                                            
    Delete "sec. 71(a)"                                                                                                         
    Insert "sec. 72(a)"                                                                                                         
                                                                                                                                
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    Delete "sec. 69"                                                                                                            
    Insert "sec. 70"                                                                                                            

2017-11-05                     House Journal                      Page 1970
    Delete "sec. 71(b)"                                                                                                         
    Insert "sec. 72(b)"                                                                                                         
                                                                                                                                
Page 44, line 12:                                                                                                               
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    Insert "Section 69"                                                                                                         
                                                                                                                                
Page 44, line 13:                                                                                                               
    Delete "sec. 37"                                                                                                            
    Insert "sec. 38"                                                                                                            
    Delete "sec. 76"                                                                                                            
    Insert "sec. 77"                                                                                                            
                                                                                                                                
Page 44, line 15:                                                                                                               
    Delete "secs. 73 - 78"                                                                                                      
    Insert "secs. 74 - 79"                                                                                                      
                                                                                                                                
Representative Saddler moved and asked unanimous consent that                                                                   
Amendment No. 20 be adopted.                                                                                                    
                                                                                                                                
Representative Fansler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 20 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 54(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 20                                                                                                                
                                                                                                                                
YEAS:  21   NAYS:  19   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Chenault, Eastman, Grenn, Johnson, Johnston,                                                                      
Josephson, Kawasaki, Kopp, LeDoux, Millett, Pruitt, Rauscher,                                                                   
Reinbold, Saddler, Sullivan-Leonard, Talerico, Tarr, Thompson,                                                                  
Tilton, Tuck                                                                                                                    
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara,                                                                         
Guttenberg, Kito, Knopp, Kreiss-Tomkins, Neuman, Ortiz, Parish,                                                                 
Seaton, Spohnholz, Stutes, Westlake, Wilson, Wool                                                                               
                                                                                                                                
And so, Amendment No. 20 was adopted.                                                                                           
                                                                                                                                

2017-11-05                     House Journal                      Page 1971
The Speaker stated that, without objection, Amendment No. 21 would                                                              
be moved to the bottom of the amendments.                                                                                       
                                                                                                                                
Amendment No. 13 was offered  by Representatives Tarr and                                                                        
Drummond:                                                                                                                       
                                                                                                                                
Page 1, following line 9:                                                                                                       
    Insert a new bill section to read:                                                                                          
"* Section 1. The uncodified law of the State of Alaska is amended                                                            
by adding a new section to read:                                                                                                
    LEGISLATIVE INTENT. It is the intent of the legislature that the                                                            
Alaska Criminal Justice Commission work with the Department of                                                                  
Public Safety and local law enforcement agencies to offer statewide                                                             
informational sessions on ch. 36, SLA 2016, ch. 13, SLA 2017, and                                                               
this Act. The informational sessions should include information on                                                              
crime trends in the state, the cost of the state corrections system,                                                            
recidivism rates in the state, successful criminal justice reforms in                                                           
other states, and the specific changes in state law made by ch. 36, SLA                                                         
2016, ch. 13, SLA 2017, and this Act that affect sentencing, parole,                                                            
probation, and treatment."                                                                                                      
                                                                                                                                
Page 1, line 10:                                                                                                                
    Delete "Section 1"                                                                                                        
    Insert "Sec. 2"                                                                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 42, line 11:                                                                                                               
    Delete "sec. 1"                                                                                                             
    Insert "sec. 2"                                                                                                             
                                                                                                                                
Page 42, line 12:                                                                                                               
    Delete "sec. 2"                                                                                                             
    Insert "sec. 3"                                                                                                             
                                                                                                                                
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    Delete "sec. 3"                                                                                                             
    Insert "sec. 4"                                                                                                             
                                                                                                                                
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    Delete "sec. 4"                                                                                                             
    Insert "sec. 5"                                                                                                             
                                                                                                                                

2017-11-05                     House Journal                      Page 1972
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    Insert "sec. 7"                                                                                                             
                                                                                                                                
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    Insert "sec. 8"                                                                                                             
                                                                                                                                
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    Delete "sec. 8"                                                                                                             
    Insert "sec. 9"                                                                                                             
                                                                                                                                
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    Delete "sec. 9"                                                                                                             
    Insert "sec. 10"                                                                                                            
                                                                                                                                
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    Delete "sec. 10"                                                                                                            
    Insert "sec. 11"                                                                                                            
                                                                                                                                
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    Delete "sec. 11"                                                                                                            
    Insert "sec. 12"                                                                                                            
                                                                                                                                
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    Insert "sec. 13"                                                                                                            
                                                                                                                                
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    Insert "sec. 17"                                                                                                            
                                                                                                                                

2017-11-05                     House Journal                      Page 1973
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    Insert "sec. 18"                                                                                                            
                                                                                                                                
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    Insert "sec. 19"                                                                                                            
                                                                                                                                
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    Insert "sec. 20"                                                                                                            
                                                                                                                                
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    Insert "sec. 21"                                                                                                            
                                                                                                                                
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    Insert "sec. 24"                                                                                                            
                                                                                                                                
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    Insert "sec. 39"                                                                                                            
                                                                                                                                
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    Insert "sec. 40"                                                                                                            
                                                                                                                                
Page 43, line 1:                                                                                                                
    Delete "sec. 59"                                                                                                            
    Insert "sec. 60"                                                                                                            
                                                                                                                                
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    Insert "sec. 25"                                                                                                            
                                                                                                                                
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    Insert "sec. 28"                                                                                                            
                                                                                                                                

2017-11-05                     House Journal                      Page 1974
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    Insert "sec. 29"                                                                                                            
                                                                                                                                
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    Delete "sec. 29"                                                                                                            
    Insert "sec. 30"                                                                                                            
                                                                                                                                
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    Insert "sec. 31"                                                                                                            
                                                                                                                                
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    Insert "sec. 32"                                                                                                            
                                                                                                                                
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    Insert "sec. 33"                                                                                                            
                                                                                                                                
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Representative Tarr moved and asked unanimous consent that                                                                      
Amendment No. 13 be adopted.                                                                                                    
                                                                                                                                
Representative Wilson objected and withdrew the objection.  There                                                               
being no further objection, Amendment No. 13 was adopted.                                                                       
                                                                                                                                
Amendment No. 17 was offered  by Representatives Reinbold and                                                                    
Eastman:                                                                                                                        
                                                                                                                                
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    Insert a new bill section to read:                                                                                          
"* Sec. 9. AS 11.46.360(c) is amended to read:                                                                                
         (c)  Vehicle theft in the first degree is a class B [C] felony."                                                   
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
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         "(9)  AS 11.46.360(c), as amended by sec. 9 of this Act;"                                                              
                                                                                                                                
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Representative Reinbold moved and asked unanimous consent that                                                                  
Amendment No. 17 be adopted.                                                                                                    
                                                                                                                                
Representative Fansler objected.                                                                                                
                                                                                                                                

2017-11-05                     House Journal                      Page 1981
Representative Claman rose to a point of order regarding remarks not                                                            
being relevant to the amendment.                                                                                                
                                                                                                                                
The Speaker agreed the point was well taken.                                                                                    
                                                                                                                                
Representative Johnson rose to a point of order requesting a citation                                                           
from Mason's Manual.                                                                                                            
                                                                                                                                
The Speaker noted that he encourages a citation, but the point of order                                                         
was in order because of the explanation.                                                                                        
                                                                                                                                
The question being:  "Shall Amendment No. 17 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 54(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 17                                                                                                                
                                                                                                                                
YEAS:  8   NAYS:  31   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Chenault, Eastman, Knopp, Neuman, Reinbold,                                                                              
Sullivan-Leonard, Talerico, Tilton                                                                                              
                                                                                                                                
Nays:  Birch, Claman, Drummond, Edgmon, Fansler, Foster, Gara,                                                                  
Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito,                                                                
Kopp, Kreiss-Tomkins, LeDoux, Millett, Ortiz, Parish, Pruitt, Saddler,                                                          
Seaton, Spohnholz, Stutes, Tarr, Thompson, Tuck, Westlake, Wilson,                                                              
Wool                                                                                                                            
                                                                                                                                
Excused:  Rauscher                                                                                                              
                                                                                                                                
And so, Amendment No. 17 was not adopted.                                                                                       
                                                                                                                                
**The voting record was changed to reflect that Representative                                                                  
Rauscher was excused.                                                                                                           
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Representative Rauscher be excused today and that his previous voting                                                           
record be changed to reflect that he was excused.  There being no                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
HCS CSSB 54(FIN) am H was automatically in third reading.                                                                       
                                                                                                                                

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The House adjourned.                                                                                                            
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
Rule 23(d) of the Uniform Rules is in effect.                                                                                   
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House adjourn until 9:00 a.m., November 6.  There being no objection,                                                           
the House adjourned at 9:20 p.m.                                                                                                
                                                                                                                                
                                           Crystaline Jones                                                                     
                                           Chief Clerk