Legislature(2015 - 2016)GRUENBERG 120
04/09/2016 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB205 | |
| HB214 | |
| HB286 | |
| HB334 | |
| HB286 | |
| HB214 | |
| HB334 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 214 | TELECONFERENCED | |
| + | HB 286 | TELECONFERENCED | |
| + | HB 334 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 205 | TELECONFERENCED | |
HB 205-CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID
2:19:34 PM
CHAIR LEDOUX announced that the first order of business would be
HOUSE BILL NO. 205, "An Act relating to conditions of release;
relating to community work service; relating to credit toward a
sentence of imprisonment for certain persons under electronic
monitoring; relating to the restoration under certain
circumstances of an administratively revoked driver's license,
privilege to drive, or privilege to obtain a license; allowing a
reduction of penalties for offenders successfully completing
court- ordered treatment programs for persons convicted of
driving under the influence; relating to termination of a
revocation of a driver's license; relating to restoration of a
driver's license; relating to credits toward a sentence of
imprisonment, to good time deductions, and to providing for
earned good time deductions for prisoners; relating to early
termination of probation and reduction of probation for good
conduct; relating to the rights of crime victims; relating to
the disqualification of persons convicted of certain felony drug
offenses from participation in the food stamp and temporary
assistance programs; relating to probation; relating to
mitigating factors; relating to treatment programs for
prisoners; relating to the duties of the commissioner of
corrections; amending Rule 32, Alaska Rules of Criminal
Procedure; and providing for an effective date."
[Before the House Judiciary Standing Committee was CSHB 205,
labeled 29-LS0896\H, adopted 3/14/16.]
2:19:41 PM
CHAIR LEDOUX referred to withdrawn Amendment 30 [withdrawn
4/8/16], and advised that based upon conversations with the
sponsor, Representative Millett may re-introduce the amendment.
Chair LeDoux expressed that she does not agree with Amendment
30, which addresses both first and second degree murder. In the
event Amendment 30 does not prevail, the committee will move to
Amendment 31 which deals solely with first degree murder.
[Representative Millett walked in the door.]
2:20:36 PM
REPRESENTATIVE MILLETT advised the [other body] adopted
Amendment 30 with a five year addition as opposed to the 10 year
addition. She then offered to present a conceptual amendment to
adjust it to a five year addition, and she would work on it
while Chair LeDoux presents Amendment 31.
CHAIR LEDOUX advised she would not move to Amendment 31 until
Amendment 30 was re-introduced and discussed.
2:21:35 PM
The committee took an at-ease from 2:21 to 2:22 p.m.
2:22:26 PM
CHAIR LEDOUX advised that Amendment 30 remains withdrawn;
therefore, she will not introduce Amendment 31.
2:22:37 PM
CHAIR LEDOUX moved to adopt Amendment 32, Version 29-
LS0896\H.57, Martin/Gardner, 3/31/16, as follows: [Amendment 32
is provided at the end of the minutes of HB 205.]
REPRESENTATIVE KELLER objected for purposes of discussion.
2:22:49 PM
CHAIR LEDOUX advised that Amendment 32 inserts a provision
allowing the Marijuana Control Board to perform background
checks on people applying for marijuana establishment licenses,
which the Marijuana Control Board say is a "must have." Chair
LeDoux said, in the event there is no other vehicle for this
particular bill, and in an excess of caution, she is introducing
it now.
2:23:34 PM
REPRESENTATIVE MILLETT opined this amendment is good for this
bill and described it as a placeholder in the event other
pending legislation is not passed. She agreed that in moving
forward with the state's marijuana laws it must be in place.
2:23:52 PM
REPRESENTATIVE KELLER withdrew his objection. There being no
objection, Amendment 32 was adopted.
CHAIR LEDOUX announced that HB 205 would be set aside awaiting a
vehicle from the other body [SB 91].
[HB 205 was set aside.]
AMENDMENTS
AMENDMENT 32 29-LS0896\H.57, Martin/Gardner, 3/31/16
Page 1, line 2, following "sentencing;":
Insert "relating to background checks for persons
applying to operate marijuana establishments;"
Page 50, following line 22:
Insert new bill sections to read:
"* Sec. 83. AS 12.62.400(a) is amended to read:
(a) To obtain a national criminal history
record check for determining a person's qualifications
for a license, permit, registration, employment, or
position, a person shall submit the person's
fingerprints to the department with the fee
established by AS 12.62.160. The department may submit
the fingerprints to the Federal Bureau of
Investigation to obtain a national criminal history
record check of the person for the purpose of
evaluating a person's qualifications for
(1) a license or conditional
contractor's permit to manufacture, sell, offer for
sale, possess for sale or barter, traffic in, or
barter an alcoholic beverage under AS 04.11;
(2) licensure as a mortgage lender, a
mortgage broker, or a mortgage loan originator under
AS 06.60;
(3) admission to the Alaska Bar
Association under AS 08.08;
(4) licensure as a collection agency
operator under AS 08.24;
(5) a certificate of fitness to handle
explosives under AS 08.52;
(6) licensure as a massage therapist
under AS 08.61;
(7) licensure to practice nursing or
certification as a nurse aide under AS 08.68;
(8) certification as a real estate
appraiser under AS 08.87;
(9) a position involving supervisory
or disciplinary power over a minor or dependent adult
for which criminal justice information may be released
under AS 12.62.160(b)(9);
(10) a teacher certificate under AS
14.20;
(11) licensure as a security guard
under AS 18.65.400 - 18.65.490;
(12) a concealed handgun permit under
AS 18.65.700 - 18.65.790;
(13) licensure as an insurance
producer, managing general agent, reinsurance
intermediary broker, reinsurance intermediary manager,
surplus lines broker, or independent adjuster under AS
21.27;
(14) serving and executing process
issued by a court by a person designated under AS
22.20.130;
(15) a school bus driver license under
AS 28.15.046;
(16) licensure as an operator or an
instructor for a commercial driver training school
under AS 28.17;
(17) registration as a broker-dealer,
agent, investment adviser representative, or state
investment adviser under AS 45.55.030 - 45.55.060;
(18) a registration or license to
operate a marijuana establishment under AS 17.38.
* Sec. 84. AS 17.38.200(a) is amended to read:
(a) Each application or renewal application for
a registration to operate a marijuana establishment
shall be submitted to the board. A renewal application
may be submitted up to 90 days before [PRIOR TO] the
expiration of the marijuana establishment's
registration. When filing an application under this
subsection, the applicant shall submit the applicant's
fingerprints and the fees required by the Department
of Public Safety under AS 12.62.160 for criminal
justice information and a national criminal history
record check. The board shall forward the fingerprints
and fees to the Department of Public Safety to obtain
a report of criminal justice information under AS
12.62 and a national criminal history record check
under AS 12.62.400."
Renumber the following bill sections accordingly.
Page 98, line 8:
Delete "sec. 99"
Insert "sec. 101"
Page 99, line 11:
Delete "sec. 86"
Insert "sec. 88"
Page 99, line 12:
Delete "sec. 87"
Insert "sec. 89"
Page 99, line 13:
Delete "sec. 93"
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Page 99, line 14:
Delete "sec. 94"
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Page 99, line 15:
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Page 99, line 16:
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Page 100, line 6:
Delete "sec. 134"
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Page 100, line 7:
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Page 100, line 13:
Delete "sec. 89"
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Page 100, line 14:
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Page 100, line 15:
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Page 100, line 16:
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Page 100, line 17:
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Page 101, line 10:
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Page 101, line 11:
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Page 101, line 15:
Delete "sec. 83"
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Page 101, line 16:
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Page 101, line 17:
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Page 101, line 18:
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Page 101, line 21:
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Page 101, line 28:
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Page 102, line 1:
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Page 102, line 9:
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Page 102, line 10:
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Page 102, line 11:
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Page 102, line 12:
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Page 102, line 13:
Delete "sec. 131"
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Page 102, line 14:
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Page 102, line 15:
Delete "secs. 152 - 154"
Insert "secs. 154 - 156"
Page 102, line 16:
Delete "152 - 154"
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Page 103, line 1:
Delete "sec. 99"
Insert "sec. 101"
Page 103, line 2:
Delete "sec. 142"
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Page 103, line 6:
Delete "sec. 152"
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Page 103, line 8:
Delete "sec. 156(a)"
Insert "sec. 158(a)"
Page 103, line 11:
Delete "sec. 156(b)"
Insert "sec. 158(b)"
Page 103, line 14:
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Page 103, line 17:
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Insert "sec. 158(c)"
Page 103, line 20:
Delete "sec. 156(d)"
Insert "sec. 158(d)"
Page 103, line 23:
Delete "sec. 156(e)"
Insert "sec. 158(e)"
Page 103, line 26:
Delete "sec. 99"
Insert "sec. 101"
Delete "sec. 156(f)"
Insert "sec. 158(f)"
Page 103, following line 28:
Insert a new bill section to read:
"* Sec. 161. Sections 83 and 84 of this Act take effect
immediately under AS 01.10.070(c)."
Renumber the following bill sections accordingly.
Page 103, lines 29 - 30:
Delete "76 - 88, 91, 93 - 95, 134, 135, 143 -
151, and 155"
Insert "76 - 82, 85 - 90, 93, 95 - 97, 136, 137,
145 - 153, and 157"
Page 103, line 31, through page 104, line 1:
Delete "89, 90, 92, 96 - 98, 100 - 133, and 136 -
140"
Insert "91, 92, 94, 98 - 100, 102 - 135, and 138
- 142"
Page 104, line 2:
Delete "sec. 152"
Insert "sec. 154"
Page 104, line 4:
Delete "99, 142, 152 - 154, and 156(f)"
Insert "101, 144, 154 - 156, and 158(f)"