Legislature(2013 - 2014)CAPITOL 120
04/14/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB370 | |
| HB315 | |
| SB173 | |
| SB128 | |
| SB170 | |
| HB370 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 315 | TELECONFERENCED | |
| + | SB 170 | TELECONFERENCED | |
| + | HB 370 | TELECONFERENCED | |
| += | SB 173 | TELECONFERENCED | |
| + | SB 128 | TELECONFERENCED | |
| + | SCR 2 | TELECONFERENCED | |
| + | HB 254 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 173-SYNTHETIC DRUGS
2:42:38 PM
CHAIR KELLER announced that the next order of business would be
CS FOR SENATE BILL NO. 173(JUD), "An Act relating to a
prohibition on the possession, offer, display, marketing,
advertising for sale, or sale of illicit synthetic drugs."
2:43:26 PM
The committee took an at-ease from 2:43 p.m. to 2:44 p.m.
2:44:30 PM
EDRA MORLEDGE, Staff, Senator Kevin Meyer, Alaska State
Legislature, speaking on behalf of Senator Meyer, sponsor of
CSSB 173(JUD), informed the committee that the sponsor has made
no changes to the bill since the previous hearing on 4/11/14;
however, she pointed out that the sponsor worked extensively on
the bill with the Department of Law (DOL); Legislative Legal and
Research Services, Legislative Affairs Agency; the Public
Defender Agency (PDA), Department of Administration; the Office
of Public Advocacy (OPA), Department of Administration; and the
Municipality of Anchorage Legal Department, Criminal Law
(Prosecution). She acknowledged that the bill takes an
unconventional route by targeting the packaging of synthetic
drugs - rather than their chemical compounds - to get synthetic
drugs off the street. This route has been implemented by a town
in Maine without [legal] challenge thus far. The Municipality
of Anchorage (MOA) implemented a related ordinance in January
2014, and has been successful at removing synthetic drugs from
head shops, smoke shops, and convenience stores. In an effort
to ensure that there would not be illegalization of legitimate
substances by the proposed legislation, the bill requires that
packaging meet one criterion from [section 1, subsection (b),
paragraph (1)] of the bill and one criterion from [section 1,
subsection (b), paragraph (2)] of the bill. Ms. Morledge
further explained that the list of names of drugs [subparagraph
G] could be removed from the bill and as long as the drugs met
one of the other criteria in paragraph [(2)] and one of the
criteria in [paragraph (1)], a case could be proven.
CHAIR KELLER clarified that the aforementioned prohibitions are
if the drug meets one criterion of section 1, [subsection (b),
paragraph (1), or one criterion of section 1, subsection (b),
paragraph (2)], of the bill.
MS. MORLEDGE continued to explain that [CSSB 173(JUD)] makes
very clear in the penalty section that a person who violates the
proposed statute is guilty of a violation; therefore, the
involvement of the Public Defender Agency and the Office of
Public Advocacy was removed, which in turn generated new zero
fiscal notes of which are now available.
2:48:25 PM
REPRESENTATIVE LEDOUX inquired as to why the sponsor decided to
propose legislation on the statewide level, rather than have
each municipality make that choice.
MS. MORLEDGE said the sponsor was approached by MOA to proceed
on a statewide level in order to prevent a person from avoiding
prosecution by traveling beyond the municipal boundaries.
2:49:37 PM
RICHARD SVOBODNY, Deputy Attorney General, Central Office,
Criminal Division, Department of Law, surmised that the main
issue between the sponsor, PDA, and OPA is whether the bill
addresses a criminal matter or a civil matter. He directed
attention to the bill on page 3, lines 21 and 22, which read:
(c) A person who violates AS 17.21.010 is guilty of a
violation and, upon conviction, is punishable by a
fine of not more than $500.
MR. SVOBODNY, in order to prevent said violation from becoming a
criminal matter, suggested the following clarifying language:
A person who violates AS 17.21.010 is subject to a
civil penalty of not more than $500.00.
MR. SVOBODNY also suggested the addition of subsection (e) which
read:
(e) The burden of proof is by a preponderance of
evidence.
MR. SVOBODNY opined the aforementioned suggestions "get to the
goal of the sponsor and of the office[s] of public advocacy and
the public defender." In response to Representative Pruitt's
point about the validity of drug street names, he advised one
option is to remove the related section from the proposed
statute for placement instead in the non-codified provisions of
the bill.
2:53:03 PM
REPRESENTATIVE LEDOUX observed that the bill is drafted with the
intention of the violation being civil rather than criminal.
The violation would be decided by a preponderance of evidence,
and thus there is no right to a jury trial or to a public
defender. However, the supporting documents give the impression
that the proposed violation should be criminal. She asked
whether there exists case law related to legislation that
"phrase[s] something in a civil manner which you're really
trying to criminalize and thus makes it so that people don't
have their rights to trial by jury and changes the preponderance
of evidence. Is there any law out there which talks about
whether that's okay to do?"
2:54:49 PM
MR. SVOBODNY said he did not know of any cases; however, he has
examples of similar situations that have not been challenged in
court. He recalled that the legislature, with the specific
intent to eliminate jury trials, for first and second minor
consuming offenses changed the law. The Alaska Court of Appeals
said because the offenses include the loss of a [driver's]
license, the offenders still had a right to an attorney and to a
jury trial. The court of appeals did not say it was improper
for the legislature to change the law. Mr. Svobodny explained
the elimination of the offenses was designed to reduce costs.
REPRESENTATIVE LEDOUX further questioned whether depriving
people of the right to do business could be subject to "the same
kind of arguments."
MR. SVOBODNY gave the scenario in which the legislature
eliminates the offense of tampering with gravestones, making
this offense a civil matter but not changing its effect; he
opined that legislators are policymakers and can decide whether
an action is civil, criminal, or neither.
2:58:08 PM
ELIZABETH RIPLEY, Executive Director, Mat-Su Health Foundation,
stated that she was testifying in favor of HB 362 and SB 173.
She informed the committee that the Mat-Su Health Foundation
shares ownership in the Mat-Su Regional Medical Center and
invests its profits back into the Mat-Su community to improve
the health and wellness of Alaskans living in Mat-Su. Ms.
Ripley said a recent community health needs assessment indicated
that community members rank alcohol and substance abuse the top
health issue in Mat-Su. The medical center has seen an increase
of patients coming to the emergency department who have health
issues due to the use of synthetic drugs. Thrive Mat-Su, the
local substance abuse prevention coalition, helped author the
original state legislation passed in 2011 - which focused on the
composition of the drugs - and which has created challenges for
enforcement as drug dealers introduce new chemicals and
compositions. She advised that youth believe if a product is
legally for sale and can be purchased, it is safe. If there is
not a way to address the alteration of the drugs by dealers, it
is necessary to curtail access to the drugs by youth through a
different law that addresses the sale and marketing of
substances. She said SB 173 is an evidence-based strategy used
in other states to limit access to synthetic drugs and to
decrease their use and their negative impact on individuals and
communities. Importantly, this legislation sends a message to
youth of the efforts to protect them from the dangers of
synthetic drugs. Thrive Mat-Su also supports legislation that
addresses the marketing and sale of synthetic drugs. The Mat-Su
Health Foundation Board unanimously supports the passage of SB
173 and is actively supporting similar legislation at the local
level. Ms. Ripley asked for expedited passage of the bill.
3:00:43 PM
KELLI FARQUER said she was representing herself and voices that
can no longer be heard from children under age who can purchase
substances that are illegal, but that are readily available.
The elimination of this drug can only be accomplished by
eliminating the ability to purchase it, not by making it
illegal. Ms. Farquer said she lost her son in November 2013, in
Wasilla, for no other reason than it was available cheap, which
her son interpreted to mean that the drug was safe. His death
has been deemed undetermined due to the lack of laws against
this type of drug. Her research has revealed that there are
many deaths due to this type of synthetic drug and its high cost
to civilization. Synthetic drugs are a worldwide epidemic and
are mass-produced and sold at a 700 percent profit margin. To
truly remove this drug from the market it must be too expensive
to purchase or sell. There are no benefits to mankind from the
drug. If the drug is illegal it will remain available because
the profit is worth the risk; it is illegal in Florida and is
still widely available. This legislation sets a good precedent
for others to follow because support for this bill will save
lives. Ms. Farquer asked the committee to support the bill and
to urge other civic leaders to do the same in their states.
3:03:51 PM
CHAIR KELLER, after ascertaining that no one else wished to
testify, closed public testimony.
REPRESENTATIVE FOSTER, in response to an earlier question as to
why statewide legislation is being proposed, explained that many
communities in Alaska do not have a municipal structure to make
synthetic drugs illegal locally. He stressed the importance of
statewide legislation to rural Alaska.
3:04:43 PM
REPRESENTATIVE GRUENBERG voiced his concern about the additional
expense of statewide legislation for a program that has been
successful in the Municipality of Anchorage and other
municipalities.
[CSSB 173(JUD) was held over.]