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Judiciary Standing Committee was CSHB 205, labeled 29-LS0896\H, adopted 3/14/16.] 2:19:41 PM CHAIR LEDOUX referred to withdrawn Amendment 30 [withdrawn 4/8/16], and advised that based upon conversations with the sponsor, Representative Millett may re-introduce the amendment.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" Insert "sec. 95" Page 99, line 14: Delete "sec. 94" Insert "sec. 96" Page 99, line 15: Delete "sec. 95" Insert "sec. 97" Page 99, line 16: Delete "sec. 148" Insert "sec. 150" Page 100, line 6: Delete "sec. 134" Insert "sec. 136" Page 100, line 7: Delete "sec. 135" Insert "sec. 137" Page 100, line 13: Delete "sec. 89" Insert "sec. 91" Page 100, line 14: Delete "sec. 92" Insert "sec. 94" Page 100, line 15: Delete "sec. 102" Insert "sec. 104" Page 100, line 16: Delete "sec. 104" Insert "sec. 106" Page 100, line 17: Delete "sec. 136" Insert "sec. 138" Page 101, line 10: Delete "sec. 96" Insert "sec. 98" Page 101, line 11: Delete "sec. 97" Insert "sec. 99" Page 101, line 15: Delete "sec. 83" Insert "sec. 85" Page 101, line 16: Delete "sec. 84" Insert "sec. 86" Page 101, line 17: Delete "sec. 85" Insert "sec. 87" Page 101, line 18: Delete "sec. 91" Insert "sec. 93" Page 101, line 21: Delete "sec. 100" Insert "sec. 102" Page 101, line 22: Delete "sec. 101" Insert "sec. 103" Page 101, line 23: Delete "sec. 103" Insert "sec. 105" Page 101, line 24: Delete "sec. 105" Insert "sec. 107" Page 101, line 25: Delete "sec. 107" Insert "sec. 109" Page 101, line 26: Delete "sec. 108" Insert "sec. 110" Page 101, line 27: Delete "sec. 109" Insert "sec. 111" Page 101, line 28: Delete "sec. 115" Insert "sec. 117" Page 101, line 29: Delete "sec. 116" Insert "sec. 118" Page 101, line 30: Delete "sec. 117" Insert "sec. 119" Page 101, line 31: Delete "sec. 118" Insert "sec. 120" Page 102, line 1: Delete "sec. 119" Insert "sec. 121" Page 102, line 2: Delete "sec. 120" Insert "sec. 122" Page 102, line 3: Delete "sec. 121" Insert "sec. 123" Page 102, line 4: Delete "sec. 122" Insert "sec. 124" Page 102, line 5: Delete "sec. 123" Insert "sec. 125" Page 102, line 6: Delete "sec. 124" Insert "sec. 126" Page 102, line 7: Delete "sec. 125" Insert "sec. 127" Page 102, line 8: Delete "sec. 126" Insert "sec. 128" Page 102, line 9: Delete "sec. 127" Insert "sec. 129" Page 102, line 10: Delete "sec. 128" Insert "sec. 130" Page 102, line 11: Delete "sec. 129" Insert "sec. 131" Page 102, line 12: Delete "sec. 130" Insert "sec. 132" Page 102, line 13: Delete "sec. 131" Insert "sec. 133" Page 102, line 14: Delete "sec. 132" Insert "sec. 134" Page 102, line 15: Delete "secs. 152 - 154" Insert "secs. 154 - 156" Page 102, line 16: Delete "152 - 154" Insert "154 - 156" Page 103, line 1: Delete "sec. 99" Insert "sec. 101" Page 103, line 2: Delete "sec. 142" Insert "sec. 144" Page 103, line 6: Delete "sec. 152" Insert "sec. 154" 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: Delete "sec. 156(b)" Insert "sec. 158(b)" Page 103, line 17: Delete "sec. 156(c)" 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)"