Legislature(2013 - 2014)
03/31/2014 02:30 PM House JUD
| Audio | Topic |
|---|---|
| Start | |
| SB110 | |
| SB186 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 186-CONTROLLED SUBSTANCES ADVISORY COMMITTEE
CHAIR KELLER announced that the next order of business would be
SENATE BILL NO. 186, "An Act relating to the Controlled
Substances Advisory Committee and providing for mandatory
meetings of the committee at least twice a year."
SENATOR FRED DYSON, Alaska State Legislature, said that SB 186
is small but it is not simple. "In 1982, one of the last things
that Governor [Jay] Hammond did-and this was originally the
whole section of the code on controlled substance, scheduled
substances, was a part of the Governor's package." He said it
originated in the House and sets up "that whole section." The
first part sets up a Controlled Substance Advisory Committee, he
said, and it is extraordinary how wisely it was done. "[The
section] had the right people with the right kind of knowledge
and experience, and challenges them to watch over how we handle
controlled substances," he stated. He spoke of [the committee
members] having knowledge of the effects of the substances,
effectiveness of treatments, economics, appropriateness of
sentences, and diversionary ways of handling people with drug
problems.
3:09:32 PM
SENATOR DYSON said, "It commands that they meet twice a year."
The bill passed with a $170,000 fiscal note, which the
legislature approved, "and nothing happened." Governor Hammond
returned to Lake Clark and Bella went back to set-netting at
Naknek Point, and nothing happened, he reiterated. He said his
office is working on some sentencing and criminal justice issues
as well as the complex restorative justice issue. He stated
that he has had some experience and a lot of frustration with
administrations not following clear legislative intent or the
statute. Everyone was ignorant of what was done in 1982, he
opined. In the fall of 2013, an attorney saw SB 56, which is
now in House Finance, and represented in court that if this
commission had been put in place and had been followed, her
client would not be facing a draconian sentence that he was
getting. The attorney requested that the whole section of the
law be thrown out, but that was unacceptable to the Department
of Law, he noted. The Assistant Attorney General actually
argued in court that the administration did not need to pay
attention to what the legislature put in code, because if it
meant it, there would have been a penalty for noncompliance.
3:11:53 PM
SENATOR DYSON said it is unacceptable that for 32 years
successive administrations have failed to do this very
reasonable thing of evaluating our war on drugs and treatment
programs. He noted his very good efforts at getting things into
law, but nothing happened in the way he anticipated. "So what
you have on this page ... this is what our [legislative
attorney] tells us is the necessary words to make sure that it
is clear in the statute that we mean what we say." He told the
committee to "watch these things," and make sure that the
intention of the legislature is followed. If the language he
proposes does not make that happen, he has some draft language
that says, "Failure of compliance will mean class C felony and
these four PCNs [position control numbers] go away."
SENATOR DYSON said all he is asking is to change a couple of
words so that it becomes clearer that what the legislature said
in 1982 is followed.
3:13:46 PM
REPRESENTATIVE LEDOUX said if the administration has argued that
it does not have to follow the law unless there is a penalty,
why is there no penalty?
SENATOR DYSON answered that the current administration did not
know that "this stuff was in the law," and it is supportive of
the legislation. He did not put in a penalty because he has
been told that his wording will work, but the Department of Law
and the Attorney General "were really between a rock and hard
place." They had to generate a defense of why the entire
section of the code should not be thrown out, so he does not
believe that it is the position of this administration that "we
need to make it more draconian, but I am asking you ... to watch
this stuff."
3:15:30 PM
REPRESENTATIVE LEDOUX said the legislature does not always make
the laws for the good people; sometimes laws are made because
there are some people who do not listen unless there is a
penalty. She noted that other administrations apparently have
not complied because there was no penalty. "To me, the old
language looks pretty much like the new language," so she is not
sure what the bill accomplishes.
CHAIR KELLER said the committee will take an at-ease so that
Representative LeDoux can talk to the sponsor. He stated that
getting the discussion on the record will have a big impact, and
"it's part of our job to keep track of this stuff, and sometimes
we fail."
3:16:28 PM
SENATOR DYSON said that the Department of Law is supportive, and
Anne Carpeneti can explain what went on in that court case.
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), stated that
there is not much difference between the old language and the
new language in SB 186, but the language in the amendment is
more demanding than current law. Senator Dyson is correct; the
Department of Law was not aware of this [Controlled Substances
Advisory Committee], and there are probably others that DOL is
unaware of. She said she is sure that the committee has not
been funded since the law was originally passed. She explained
that the reason the state took the position that it did in the
aforementioned litigation was that the plaintiffs were trying to
get the statutes set aside and not followed. The legislature
had adopted these laws, so the state's position was that the law
could not be set aside just because the [committee] had not been
formed.
3:19:02 PM
REPRESENTATIVE LEDOUX asked what happened to the $170,000.
MS. CARPENETI said she believes that monies not expended are
returned to the general fund.
REPRESENTATIVE GRUENBERG asked if the commission is within DOL.
CHARLES KOPP, Staff, Senator Fred Dyson, said the Controlled
Substances Advisory Committee is within the Department of Law,
and the Attorney General is the chair.
3:20:50 PM
REPRESENTATIVE GRUENBERG asked why the committee has not been
meeting.
CHAIR KELLER said the DOL did not know it existed.
REPRESENTATIVE GRUENBERG asked if the committee will now meet.
If the commission is not beneficial, "maybe we don't need it."
MS. CARPENETI said that she believes that a periodic review of
Alaska laws is a good thing.
3:22:21 PM
SENATOR DYSON said that is an inadequate answer. The law
requires the committee to meet twice a year and it is rigorously
required to do analysis and report to the governor. "And it
says the governor shall initiate legislation to deal with
inadequate sentencing, changes in the drugs that are coming
after us, evaluating diversion programs, i.e. therapeutic
courts, and so on and so forth, and treatment programs." He
said he is really glad that this administration has been quite
positive about getting after this, but he does not want anyone
going out of this meeting thinking that he is calling for a nice
group of people to get together every once in a while and work
on this. "I want the rigorous process that Governor Hammond and
his team laid out then," he stated. That includes formal
meetings, reports, and recommendations to the governor.
CHAIR KELLER said he is grateful that this has been brought
forward. It has affected people's lives because it has not been
in place. He added that he is grateful to the DOL for picking
up the baton and making it happen from here on out.
3:24:12 PM
CHAIR KELLER closed public testimony.
REPRESENTATIVE LYNN moved to report SB 186 out of committee with
individual recommendations and the accompanying fiscal notes.
Hearing no objection, SB 186 was reported from the House
Judiciary Standing Committee.
CHAIR KELLER noted that amendments to the crime bill are due by
2:00 PM tomorrow.
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