Legislature(2023 - 2024)
2023-05-11 House Journal
Full Journal pdf2023-05-11 House Journal Page 1046 HB 66 The following, which was advanced to third reading from the May 10 calendar (page 1021), was read the third time: CS FOR HOUSE BILL NO. 66(FIN) am "An Act relating to homicide resulting from conduct involving controlled substances; relating to misconduct involving a controlled substance; relating to sentencing; and providing for an effective date." 2023-05-11 House Journal Page 1047 Representative Ruffridge moved and asked unanimous consent that CSHB 66(FIN) am be returned to second reading for the specific purpose of considering an amendment. Representative Rauscher objected and withdrew the objection. There being no further objection, CSHB 66(FIN) am was returned to second reading. Representative Ruffridge moved and asked unanimous consent to rescind previous action in adopting Amendment No. 11 (Page 1020). There being no objection, it was so ordered. Representative Ruffridge moved and asked unanimous consent to withdraw Amendment No. 11. There being no objection, it was so ordered. Amendment No. 12 was offered by Representative Ruffridge. Page 3, following line 29: Insert a new bill section to read: "* Sec. 5. AS 11.71.021(a) is amended to read: (a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the second degree if the person (1) manufactures or delivers any amount of a schedule IA controlled substance or possesses any amount of a schedule IA controlled substance with intent to manufacture or deliver; (2) manufactures any material, compound, mixture, or preparation that contains (A) methamphetamine, or its salts, isomers, or salts of isomers; or (B) an immediate precursor of methamphetamine, or its salts, isomers, or salts of isomers; (3) possesses an immediate precursor of methamphetamine, or the salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, with the intent to manufacture any material, compound, mixture, or preparation that contains methamphetamine, or its salts, isomers, or salts of isomers; (4) possesses a listed chemical with intent to manufacture 2023-05-11 House Journal Page 1048 any material, compound, mixture, or preparation that contains (A) methamphetamine, or its salts, isomers, or salts of isomers; or (B) an immediate precursor of methamphetamine, or its salts, isomers, or salts of isomers; (5) possesses methamphetamine in an organic solution with intent to extract from it methamphetamine, or its salts, isomers, or salts of isomers; or (6) under circumstances not proscribed under AS 11.71.010(a)(2), delivers (A) an immediate precursor of methamphetamine, or the salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, to another person with reckless disregard that the precursor will be used to manufacture any material, compound, mixture, or preparation that contains methamphetamine, or its salts, isomers, or salts of isomers; [OR] (B) a listed chemical to another person with reckless disregard that the listed chemical will be used to manufacture any material, compound, mixture, or preparation that contains (i) methamphetamine, or its salts, isomers, or salts of isomers; (ii) an immediate precursor of methamphetamine, or its salts, isomers, or salts of isomers; or (iii) methamphetamine, or its salts, isomers, or salts of isomers in an organic solution; or (C) methamphetamine, or its salts, isomers, or salts of isomers." Renumber the following bill sections accordingly. Page 7, line 2, following "AS 11.71.140(c)(29)": Insert "or under AS 11.71.021(a)(6) related to a schedule IIA controlled substance set out in AS 11.71.150(e)(2)" Page 7, line 11, following the second occurrence of "Act,": Insert "AS 11.71.021(a), as amended by sec. 5 of this Act," 2023-05-11 House Journal Page 1049 Page 7, line 12: Delete "sec. 5" Insert "sec. 6" Delete "sec. 6" Insert "sec. 7" Page 7, line 13: Delete "sec. 7" Insert "sec. 8" Representative Ruffridge moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Eastman objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSHB 66(FIN) am Second Reading Amendment No. 12 YEAS: 33 NAYS: 6 EXCUSED: 0 ABSENT: 1 Yeas: Carpenter, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McKay, Mears, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Armstrong, Carrick, Eastman, Hannan, McCormick, Mina Absent: Allard And so, Amendment No. 12 was adopted. CSHB 66(FIN) am was automatically in third reading. The question being: "Shall CSHB 66(FIN) am pass the House?" The roll was taken with the following result: CSHB 66(FIN) am Third Reading Final Passage 2023-05-11 House Journal Page 1050 YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Carpenter, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Armstrong, Carrick, Eastman, Hannan, Mina And so, CSHB 66(FIN) am passed the House. Representative Saddler moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 66(FIN) am was referred to the Chief Clerk for engrossment.