Legislature(2017 - 2018)BELTZ 105 (TSBldg)

04/10/2018 09:00 AM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed from 4/09/18 at 1:30 p.m. --
+= SJR 14 CONST. AM: PARENTAL CONSENT TO ABORTION TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HJR 21 FEDS RESPECT STATE REG OF MARIJUANA TELECONFERENCED
Heard & Held
+ HB 44 LEGISLATIVE ETHICS: VOTING & CONFLICTS TELECONFERENCED
Scheduled but Not Heard
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 10, 2018                                                                                         
                           9:04 a.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Mia Costello                                                                                                            
Senator Pete Kelly                                                                                                              
Senator Mike Shower                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 14                                                                                                  
Proposing  an  amendment to  the  Constitution  of the  State  of                                                               
Alaska relating  to notice  and consent  before termination  of a                                                               
minor's pregnancy.                                                                                                              
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 21                                                                                                   
Urging the  federal government  to respect  the authority  of the                                                               
state  to regulate  marijuana use,  production, and  distribution                                                               
and to honor  previous federal guidance on  marijuana policy; and                                                               
urging  the  federal  government  to reconsider  its  listing  of                                                               
marijuana as a schedule I controlled substance.                                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
CS FOR SS FOR HOUSE BILL NO. 44(STA)                                                                                            
"An  Act  requiring  a  legislator  to  abstain  from  taking  or                                                               
withholding official  action or exerting official  influence that                                                               
could  benefit or  harm  an immediate  family  member or  certain                                                               
employers; and  requiring a legislator  to request to  be excused                                                               
from  voting in  an  instance  where the  legislator  may have  a                                                               
financial conflict of interest."                                                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                              
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SJR 14                                                                                                                  
SHORT TITLE: CONST. AM: PARENTAL CONSENT TO ABORTION                                                                            
SPONSOR(s): SENATOR(s) OLSON                                                                                                    
                                                                                                                                
02/19/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/18       (S)       JUD, FIN                                                                                               
03/02/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/02/18       (S)       Heard & Held                                                                                           
03/02/18       (S)       MINUTE(JUD)                                                                                            
03/16/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/16/18       (S)       <Bill Hearing Canceled>                                                                                
03/23/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/23/18       (S)       -- MEETING CANCELED --                                                                                 
04/04/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/04/18       (S)       <Bill Hearing Canceled>                                                                                
04/06/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/06/18       (S)       -- MEETING CANCELED --                                                                                 
04/09/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/09/18       (S)       -- Public Testimony --                                                                                 
                                                                                                                                
BILL: HJR 21                                                                                                                  
SHORT TITLE: FEDS RESPECT STATE REG OF MARIJUANA                                                                                
SPONSOR(s): REPRESENTATIVE(s) GUTTENBERG                                                                                        
                                                                                                                                
04/16/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/16/17       (H)       JUD                                                                                                    
05/12/17       (H)       STA REPLACES JUD REFERRAL                                                                              
05/12/17       (H)       BILL REPRINTED 5/12/17                                                                                 
05/16/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/16/17       (H)       -- MEETING CANCELED --                                                                                 
02/05/18       (H)       SPONSOR SUBSTITUTE INTRODUCED                                                                          
02/05/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/05/18       (H)       STA                                                                                                    
02/13/18       (H)       STA AT 3:15 PM GRUENBERG 120                                                                           
02/13/18       (H)       Heard & Held                                                                                           
02/13/18       (H)       MINUTE(STA)                                                                                            
02/15/18       (H)       STA AT 3:15 PM GRUENBERG 120                                                                           
02/15/18       (H)       Moved SSHJR 21 Out of Committee                                                                        
02/15/18       (H)       MINUTE(STA)                                                                                            
02/16/18       (H)       STA RPT 1DP 5NR 1AM                                                                                    
02/16/18       (H)       DP: KREISS-TOMKINS                                                                                     
02/16/18       (H)       NR: TUCK, BIRCH, KNOPP, WOOL, JOHNSON                                                                  
02/16/18       (H)       AM: LEDOUX                                                                                             
03/19/18       (H)       TRANSMITTED TO (S)                                                                                     
03/19/18       (H)       VERSION: SSHJR 21                                                                                      
03/21/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/18       (S)       JUD                                                                                                    
04/04/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/04/18       (S)       Scheduled but Not Heard                                                                                
04/09/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/09/18       (S)       LEGISLATIVE ETHICS: VOTING & CONFLICTS                                                                 
                                                                                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE DAVID GUTTENBERG                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SSHJR 21                                                                                       
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                              
9:04:09 AM                                                                                                                    
CHAIR  JOHN  COGHILL  reconvened the  4/9/2018  Senate  Judiciary                                                             
Standing  Committee meeting  at 9:04  a.m. on  4/10/2018. Present                                                               
were Senators Costello, Shower, Kelly, and Chair Coghill.                                                                       
                                                                                                                                
         SJR  1-CONST AM: GUARANTEE PERM FUND DIVIDEND                                                                      
        SB 127-CRIMINAL LAW;PAROLE;PROBATION;SENTENCING                                                                     
           HB 214-BREE'S LAW; DATING VIOLENCE PROGRAMS                                                                      
                                                                                                                                
9:04:18 AM                                                                                                                    
CHAIR  COGHILL  explained  that  when  he  recessed  the  meeting                                                               
yesterday afternoon  he was under  the impression that SJR  1, SB                                                               
127, and  HB 214  had been discharged  from committee  thus there                                                               
was no need to address  Senator Wielechowski's motion (on 4/7/18)                                                               
to  move SJR  1 from  committee. That  was incorrect,  but as  of                                                               
today all  three bills  have been  discharged from  the committee                                                               
per Uniform Rule 48(b).  Therefore, Senator Wielechowski's motion                                                               
has been satisfied.                                                                                                             
                                                                                                                                
         SJR 14-CONST. AM: PARENTAL CONSENT TO ABORTION                                                                     
                                                                                                                                
9:05:41 AM                                                                                                                    
CHAIR  COGHILL advised  that  he initially  intended  to vet  the                                                               
committee substitute (CS) for SJR  14, take public testimony, and                                                               
potentially  move  the bill,  but  just  before  he came  to  the                                                               
meeting  he learned  about a  forthcoming significant  rewrite to                                                               
SJR 14. He asked Senator Costello  to rescind her motion to adopt                                                               
the CS.                                                                                                                         
                                                                                                                                
9:06:28 AM                                                                                                                    
SENATOR COSTELLO  rescinded her  motion to adopt  the CS  for SJR                                                               
14, version 30-LS1472\D, as the working document.                                                                               
                                                                                                                                
CHAIR  COGHILL found  no objection  and  SJR 14,  version A,  was                                                               
before the  committee. He  stated that  he would  hold SJR  14 in                                                               
committee  awaiting  the  forthcoming  committee  substitute.  He                                                               
apologized to those who were waiting to testify.                                                                                
                                                                                                                                
9:08:08 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
            HJR 21-FEDS RESPECT STATE REG OF MARIJUANA                                                                      
                                                                                                                                
9:09:12 AM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of  HJR 21. [SSHJR  21 is before the  committee and                                                               
this is the first hearing.]                                                                                                     
                                                                                                                                
9:10:15 AM                                                                                                                    
REPRESENTATIVE  DAVID   GUTTENBERG,  Alaska   State  Legislature,                                                               
Juneau,  Alaska,  sponsor,  stated  that  HJR  21  addresses  the                                                               
conflict between federal statutes  dealing with marijuana and the                                                               
state's  constitution.  He  advised  that he  would  review  each                                                               
clause of the resolution similar to a sectional analysis.                                                                       
                                                                                                                                
The first  "WHEREAS" talks about  the right of privacy  under the                                                               
Constitution of the State of Alaska.                                                                                            
                                                                                                                                
The second "WHEREAS"  talks about the Alaska  Supreme Court Ravin                                                               
decision.                                                                                                                       
                                                                                                                                
The third "WHEREAS" talks about  Ballot Measure No. 2 that passed                                                               
on November 4, 2014.                                                                                                            
                                                                                                                                
The fourth "WHEREAS"  talks about the rescinded  Cole memo, which                                                               
was  a  pragmatic approach  to  deal  with the  conflict  between                                                               
federal  law and  states  that  have legalized  the  use of  both                                                               
recreational and medical marijuana.                                                                                             
                                                                                                                                
The  fifth  "WHEREAS"  talks about  the  state  regulations  that                                                               
respect and  support the  federal priorities  listed in  the Cole                                                               
memo.                                                                                                                           
                                                                                                                                
The sixth "WHEREAS" talks about  the American Medical Association                                                               
urging the federal government to  reevaluate listing marijuana as                                                               
a schedule I controlled substance.                                                                                              
                                                                                                                                
The  seventh  WHEREAS"  talks about  the  letter Alaska  Attorney                                                               
General  Jahna  Lindemuth  sent to  U.S.  Attorney  General  Jeff                                                               
Sessions   regarding    the   federal    government's   marijuana                                                               
enforcement policies.                                                                                                           
                                                                                                                                
The  eighth "WHEREAS"  talks about  asking the  U.S. Congress  to                                                               
allow states that  have legalized medical or  recreational use of                                                               
marijuana to address the conflict in the banking system.                                                                        
                                                                                                                                
The  ninth  "WHEREAS"  talks  about  the  letter  governors  from                                                               
Alaska,  Colorado,  Washington,  and   Oregon  sent  urging  U.S.                                                               
Attorney  General  Jeff  Sessions   and  U.S.  Secretary  of  the                                                               
Treasury Steve Mnuchin to engage  with states that have legalized                                                               
marijuana before  embarking on changes to  the federal regulatory                                                               
and enforcement systems.                                                                                                        
                                                                                                                                
The tenth "WHEREAS" talks about  the letters Governor Walker sent                                                               
to  U.S.  Attorney  General  Jeff  Sessions  urging  the  federal                                                               
government  to   maintain  policies  that  respect   the  state's                                                               
regulatory    authority   regarding    state-licensed   marijuana                                                               
businesses.                                                                                                                     
                                                                                                                                
The  eleventh  "WHEREAS" talks  about  the  letter Senators  Lisa                                                               
Murkowski and  Dan Sullivan, along  with 14 other  senators, sent                                                               
to  the  director  of  the  U.S.  Department  of  the  Treasury's                                                               
Financial  Crimes   Enforcement  Network   expressing  continuing                                                               
support for guidance on the banking system.                                                                                     
                                                                                                                                
He opined  that what to  do with  the cash from  these businesses                                                               
has become  a major  conflict and exposes  the entire  process to                                                               
crime.                                                                                                                          
                                                                                                                                
The   twelfth  "WHEREAS"   talks  about   H.R.  4779   that  U.S.                                                               
Representative Don  Young is  cosponsoring, which  would prohibit                                                               
the  U.S. Justice  Department  from using  federal  funds to  act                                                               
against  individuals or  property  involved  in the  cultivation,                                                               
distribution,  possession, dispensation,  or use  of cannabis  as                                                               
long as those  activities are in compliance with  state and local                                                               
regulations.                                                                                                                    
                                                                                                                                
The final "WHEREAS" asks U.S.  Attorney General Jeff Sessions not                                                               
to use federal policy to undermine federal policies.                                                                            
                                                                                                                                
The  first  resolve  talks about  the  Alaska  State  Legislature                                                               
urging the  federal government  to respect  the authority  of the                                                               
State of Alaska to regulate marijuana.                                                                                          
                                                                                                                                
The  second  resolve talks  about  the  Alaska State  Legislature                                                               
urging the federal government to  reconsider listing marijuana as                                                               
a federal schedule I controlled substance.                                                                                      
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  explained   that  Assistant  Attorney                                                               
General Cole  authored a  memo that  said the  federal government                                                               
will  not  come  after  states that  have  legalized  medical  or                                                               
recreational  marijuana   if  they  have  set   up  a  regulatory                                                               
framework  that  prioritizes  the federal  marijuana  enforcement                                                               
objectives  listed  in  the   WHEREAS"  at the  top  of  page  2.                                                               
Rescinding that  memo returns things  to a  dysfunctional system,                                                               
he said.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  summarized  that  HJR  21  urges  the                                                               
federal government  to respect the state's  authority to regulate                                                               
marijuana and  to reconsider  listing marijuana  as a  schedule I                                                               
controlled substance.                                                                                                           
                                                                                                                                
9:17:51 AM                                                                                                                    
CHAIR COGHILL shared  his view that the Cole memo  scoffed at the                                                               
law trying to give some comfort  to the states whose laws were in                                                               
tension  with the  federal government.  He said  he may  disagree                                                               
with  the sponsor's  approach, but  the final  analysis that  the                                                               
state is  moving on and  the federal government should  move with                                                               
it is totally appropriate.                                                                                                      
                                                                                                                                
He  thanked the  sponsor and  committed to  work together  on any                                                               
changes. He held HJR 21 in committee for future consideration.                                                                  
                                                                                                                                
9:19:58 AM                                                                                                                    
CHAIR COGHILL  adjourned the Senate Judiciary  Standing Committee                                                             
meeting at 9:19 a.m.                                                                                                            
                                                                                                                                

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