Legislature(2013 - 2014)

03/31/2014 02:30 PM House JUD


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* first hearing in first committee of referral
+ 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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