Legislature(2023 - 2024)BARNES 124

04/30/2024 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

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Audio Topic
08:03:34 AM Start
08:04:15 AM HB398
08:38:06 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference <Listen Only> --
*+ HB 398 CONTROLLED SUBS: DAY CARE/SHELTER/REHAB TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                         April 30, 2024                                                                                         
                           8:03 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative CJ McCormick, Chair                                                                                              
Representative Kevin McCabe, Vice Chair                                                                                         
Representative Tom McKay                                                                                                        
Representative Thomas Baker                                                                                                     
Representative Justin Ruffridge                                                                                                 
Representative Rebecca Himschoot                                                                                                
Representative Donna Mears                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 398                                                                                                              
"An Act relating to controlled substances."                                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 398                                                                                                                  
SHORT TITLE: CONTROLLED SUBS: DAY CARE/SHELTER/REHAB                                                                            
SPONSOR(s): RULES                                                                                                               
                                                                                                                                
04/22/24       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/22/24       (H)       CRA                                                                                                    
04/30/24       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE CRAIG JOHNSON                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, presented HB 398.                                                                      
                                                                                                                                
ISSAC SCHLOSSER, Staff                                                                                                          
Representative Craig Johnson                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Presented  the sectional  analysis for  HB
398, on behalf of Representative Johnson, prime sponsor.                                                                        
                                                                                                                                
KACI SCHROEDER, Assistant Attorney General                                                                                      
Criminal Division (Legal Services Section)                                                                                      
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB
398.                                                                                                                            
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Office of the Administrative Director                                                                                           
Alaska Court System                                                                                                             
POSITION STATEMENT:  Answered questions  during the hearing on HB
398.                                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:03:34 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK  called the House Community  and Regional Affairs                                                             
Standing   Committee    meeting   to    order   at    8:03   a.m.                                                               
Representatives  McCabe,  McKay,   Baker,  Ruffridge,  Himschoot,                                                               
Mears, and McCormick were present at the call to order.                                                                         
                                                                                                                                
         HB 398-CONTROLLED SUBS: DAY CARE/SHELTER/REHAB                                                                     
                                                                                                                                
8:04:15 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK announced  that the only order  of business would                                                               
be  HOUSE   BILL  NO.  398,   "An  Act  relating   to  controlled                                                               
substances."                                                                                                                    
                                                                                                                                
8:04:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAIG JOHNSON, Alaska  State Legislature, as prime                                                               
sponsor,  presented HB  398.   He  shared  the sponsor  statement                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     House  Bill 398  amends existing  laws regarding  drug-                                                                    
     free  zones  that  prohibit  controlled  substances  in                                                                    
     certain areas  within a  municipality. HB  398 enhances                                                                    
     the   protection   of  vulnerable   groups,   including                                                                    
     children,  homeless individuals,  and those  recovering                                                                    
     from  drug   abuse,  while  also   helping  communities                                                                    
     reclaim   their   public   spaces   from   drug-related                                                                    
     activities.                                                                                                                
                                                                                                                                
     HB  398  designates that  within  500  feet of  daycare                                                                    
     centers, shelters  for the homeless, and  treatment and                                                                    
     rehabilitation centers  as additional  drug-free zones,                                                                    
     alongside the  already included schools,  school buses,                                                                    
     and  recreation or  youth centers.  By prohibiting  the                                                                    
     delivery,  possession,  and manufacture  of  controlled                                                                    
     substances   within   specified  distances   of   these                                                                    
     locations,  HB   398  seeks  to   safeguard  vulnerable                                                                    
     populations,  such  as   children  and  individuals  in                                                                    
     recovery,  from  exposure  to  drugs  and  drug-related                                                                    
     activities that  could jeopardize their  well-being and                                                                    
     undermine community safety.                                                                                                
                                                                                                                                
     Furthermore, HB 398  amends affirmative defense section                                                                    
     of statute  that acknowledge the importance  of private                                                                    
     residences   as  safe   havens   for  individuals   not                                                                    
     distributing, dispensing, or  possessing with intent to                                                                    
     distribute  or dispense.  This  reinforces the  message                                                                    
     that  drug-related activities  have no  place in  areas                                                                    
     meant  to  support   children,  housing  stability,  or                                                                    
     recovery.                                                                                                                  
                                                                                                                                
     The   legislation  aims   to  empower   communities  by                                                                    
     providing  municipalities with  the  authority to  post                                                                    
     official   traffic   control    devices   and   signage                                                                    
     designating  drug-free  zones around  schools,  daycare                                                                    
     centers, homeless shelters, and treatment facilities.                                                                      
                                                                                                                                
     By   implementing   stricter   regulations,   enhancing                                                                    
     protective measures,  and designating  drug-free zones,                                                                    
     HB 398 aims to create  safer communities where children                                                                    
     and  vulnerable individuals  can thrive  free from  the                                                                    
     harmful effects of drug abuse.                                                                                             
                                                                                                                                
8:06:53 AM                                                                                                                    
                                                                                                                                
ISSAC  SCHLOSSER,  Staff,  Representative Craig  Johnson,  Alaska                                                               
State  Legislature, on  behalf of  Representative Johnson,  prime                                                               
sponsor  of  HB  398,  presented the  bill's  sectional  analysis                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section  1:  Amends  AS  11.71.030(a),  by  adding  new                                                                    
     language  that establishes  that a  person commits  the                                                                    
     crime  of  misconduct involving  controlled  substances                                                                    
     (Schedule IA,  IIA) in  the third  degree if  the crime                                                                    
     occurs  500  feet  at  or within  a  day  care  center,                                                                    
     shelters  for   the  homeless,   or  a   treatment  and                                                                    
     rehabilitation center.                                                                                                     
                                                                                                                                
     Section   2:  Amends   AS   11.71.030(b)  amending   an                                                                    
     affirmative  defense  for  certain  prohibited  conduct                                                                    
     occurring within private  residences located within 500                                                                    
     feet of day care center,  shelters for the homeless, or                                                                    
     a  treatment  and  rehabilitation center.  The  defense                                                                    
     applies if the conduct  did not involve distributing or                                                                    
     possessing controlled substances for profit.                                                                               
                                                                                                                                
     Section  3:  Amends  AS  11.71.040(a),  by  adding  new                                                                    
     language  that establishes  that a  person commits  the                                                                    
     crime  of  misconduct involving  controlled  substances                                                                    
     (Schedule IIIA, IVA,  VA, VIA) in the  fourth degree if                                                                    
     the  crime occurs  500 feet  at  or within  a day  care                                                                    
     center, shelters  for the homeless, or  a treatment and                                                                    
     rehabilitation center.                                                                                                     
                                                                                                                                
     Section  4:  Amends   AS  11.71.040(b),  mirroring  the                                                                    
     affirmative defense  outlined in Section 2  for certain                                                                    
     prohibited conduct occurring  within private residences                                                                    
     within 500 feet of a  day care center, shelters for the                                                                    
     homeless, or a treatment and rehabilitation center.                                                                        
                                                                                                                                
     Section 5:  Amends AS 28.01.010(d),  Provisions Uniform                                                                    
     Throughout  State,   and  mandates   municipalities  to                                                                    
     install  official  traffic control  devices  indicating                                                                    
     "drug-free  zones"   near  daycare   centers,  homeless                                                                    
     shelters, and treatment and rehabilitation centers.                                                                        
                                                                                                                                
     Section  6:   Establishes  the  applicability   of  the                                                                    
     amendments made  in Sections 1-4, specifying  that they                                                                    
     apply to  offenses committed on or  after the effective                                                                    
     date of the act.                                                                                                           
                                                                                                                                
CHAIR MCCORMICK sought questions from committee members.                                                                        
                                                                                                                                
8:09:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT questioned the meaning of affirmative                                                                  
defense.                                                                                                                        
                                                                                                                                
MR. SCHLOSSER deferred the question to Ms. Schroeder.                                                                           
                                                                                                                                
8:09:47 AM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER, Assistant  Attorney  General, Criminal  Division                                                               
(Legal  Services  Section),  Department of  Law  (DOL),  Answered                                                               
questions  during the  hearing  on  HB 398.    She  said that  an                                                               
affirmative defense  is a type  of defense  that would be  run by                                                               
the defendant and  the defendant must prove elements  of the case                                                               
by preponderance of the evidence.                                                                                               
                                                                                                                                
8:10:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS  asked  how often  drug-free  zones  around                                                               
schools are utilized.                                                                                                           
                                                                                                                                
MS. SCHROEDER  said she doesn't  have statistics relating  to the                                                               
utilization  of  drug-free  zones  in schools  and  deferred  the                                                               
question to the Alaska Court System.                                                                                            
                                                                                                                                
8:10:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  asked what the word  "possession" means                                                               
in the context of the statutes being amended by HB 398.                                                                         
                                                                                                                                
MS. SCHROEDER  answered that  the word possession  as used  in HB
398 applies  to people who  are in  possession of a  certain drug                                                               
outside of a prescription.                                                                                                      
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  asked if  marijuana would  fall outside                                                               
of the bill's amended statutes because  it is legal to possess in                                                               
Alaska.                                                                                                                         
                                                                                                                                
MS. SCHROEDER  said she would  walk back her  marijuana statement                                                               
and clarified that  HB 398 only says you may  not possess it near                                                               
a school.                                                                                                                       
                                                                                                                                
8:12:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  posed a legal scenario  of possessing a                                                               
prescription for Adderall and asked  whether it would be criminal                                                               
to have it next to a daycare.                                                                                                   
                                                                                                                                
MS. SCHROEDER directed the committee's  attention to page 1, line                                                               
4  of HB  398  and explained  how it  would  exempt someone  from                                                               
criminal prosecution if they had a prescription for said drug.                                                                  
                                                                                                                                
8:13:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE   asked  for  clarification   that  the                                                               
difference between  Adderall and  marijuana is that  marijuana is                                                               
not prescribed.                                                                                                                 
                                                                                                                                
MS. SCHROEDER confirmed that is correct.                                                                                        
                                                                                                                                
8:13:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE   asked  whether  DOL  could   absorb  the                                                               
additional cases that HB 398 would create.                                                                                      
                                                                                                                                
MS.  SCHROEDER said  DOL does  not  issue fiscal  notes based  on                                                               
whether it likes the bill or  not and said it issues fiscal notes                                                               
based on  legal analysis.   She said  HB 398 would  amend current                                                               
law that says  it is already illegal to possess  certain drugs on                                                               
school grounds and would only add  new drugs to the list, and she                                                               
reiterated her  belief that  the DOL could  absorb the  new cases                                                               
and cost created by HB 398.                                                                                                     
                                                                                                                                
CHAIR   MCCORMICK   cautioned   Representative   McCabe   against                                                               
impugning  the DOL's  motives regarding  the fiscal  note for  HB
398.                                                                                                                            
                                                                                                                                
8:16:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  asked how  DOL  estimates  the number  of                                                               
additional  cases or  the  amount of  litigation  created by  new                                                               
legislation in its fiscal notes.                                                                                                
                                                                                                                                
MS.  SCHROEDER explained  that these  types  of cases  are not  a                                                               
large portion of  the department's drug cases,  so increasing the                                                               
number  of  drugs on  the  list  should  not increase  the  DOL's                                                               
caseload.                                                                                                                       
                                                                                                                                
8:17:37 AM                                                                                                                    
                                                                                                                                
NANCY  MEADE,  General  Counsel,  Office  of  the  Administrative                                                               
Director,  Alaska Court  System,  answered  questions during  the                                                               
hearing on  HB 398.  She  confirmed that only one  to three cases                                                               
were related  to misconduct with  controlled substances  and said                                                               
that any new cases could be absorbed by the DOL.                                                                                
                                                                                                                                
8:19:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE asked why there  is a difference in how the                                                               
fiscal notes are  estimated between the DOL and  the Alaska Court                                                               
System.                                                                                                                         
                                                                                                                                
MS. MEADE  said the Alaska  Court System estimated a  zero fiscal                                                               
note because  it wouldn't be  able to  hire someone to  handle an                                                               
additional two or three cases per year.                                                                                         
                                                                                                                                
CHAIR  MCCORMICK  shared  his  understanding  that  the  proposed                                                               
legislation is optional for communities around the state.                                                                       
                                                                                                                                
MS. MEADE said  she is not certain of what  Chair McCormick means                                                               
by "optional  to the  communities" and  deferred the  question to                                                               
the bill sponsor.                                                                                                               
                                                                                                                                
8:20:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C.   JOHNSON  deferred  the  question   to  Isaac                                                               
Schlosser.                                                                                                                      
                                                                                                                                
MR.  SCHLOSSER  said  that  HB  398 is  an  unfunded  mandate  so                                                               
municipalities   would  be   responsible   for  posting   signage                                                               
indicating a drug-free zone.                                                                                                    
                                                                                                                                
CHAIR MCCORMICK recalled  that the word optional  was used during                                                               
the committee hearing.                                                                                                          
                                                                                                                                
REPRESENTATIVE C.  JOHNSON said  it was  himself who  most likely                                                               
misspoke  rather than  Representative McCormick  misunderstanding                                                               
anything.                                                                                                                       
                                                                                                                                
8:21:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT  asked whether it would  be unreasonable                                                               
to combine  multiple signs  into one  that would  read "drug-free                                                               
zone"  to reduce  some of  the  cost associated  with putting  up                                                               
signage.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON  shared his  understanding  that  the                                                               
signs would not need to designate  certain areas and said that he                                                               
would prefer having a generic sign.                                                                                             
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT asked  whether the  state could  absorb                                                               
the  cost   of  creating  the   signs  to  avoid   burdening  the                                                               
municipalities with additional cost.                                                                                            
                                                                                                                                
REPRESENTATIVE C. JOHNSON replied  that signs are created through                                                               
the Department  of Transportation  & Public  Facilities (DOT&PF),                                                               
and he  opined that it would  be more difficult for  the state to                                                               
create signs.                                                                                                                   
                                                                                                                                
8:25:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS asked  whether  there is  a  size limit  on                                                               
daycare   centers  and   asked   whether   the  proposed   bill's                                                               
classifications would include at-home day care facilities.                                                                      
                                                                                                                                
REPRESENTATIVE C. JOHNSON  shared his belief that  if the daycare                                                               
is licensed, the proposed legislation would apply to it.                                                                        
                                                                                                                                
REPRESENTATIVE MEARS  said that  there are  quite a  few licensed                                                               
day care facilities in neighborhoods and residential areas.                                                                     
                                                                                                                                
REPRESENTATIVE C.  JOHNSON concurred,  per his  interpretation of                                                               
HB 398  and added his belief  that the drug-free zone  would be a                                                               
good  thing  for  parents  and children  and  an  opportunity  to                                                               
enhance services provided by day care facilities.                                                                               
                                                                                                                                
8:27:27 AM                                                                                                                    
                                                                                                                                
REPRESENATIVE BAKER  asked whether  "within 500 feet"  as written                                                               
in  HB  398 is  a  radius  or 500  sidewalk  feet  from the  said                                                               
location.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON  shared his  understanding  that  the                                                               
limit  of  500   feet  would  be  from  the   property  line  and                                                               
enforcement would be at the officer's discretion.                                                                               
                                                                                                                                
REPRESENATIVE  BAKER  said he  was  asking  because Kotzebue  has                                                               
school  zones  and  marijuana dispensaries  right  next  to  each                                                               
other, and HB 398 would  place restrictions on businesses already                                                               
in place.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  C. JOHNSON  clarified  that the  bill deals  with                                                               
illegal substances, not legal businesses and legal substances.                                                                  
                                                                                                                                
8:31:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE highlighted  page 1, line 4  and page 2,                                                               
line  22 and  asked whether  there  could be  issues for  license                                                               
renewal if a  marijuana store is within 500 feet  of a restricted                                                               
location as defined in HB 398.                                                                                                  
                                                                                                                                
MS. MEADE  replied that  Alaska marijuana  statutes and  how they                                                               
interacts with  the criminal  code is  more complicated  than she                                                               
may have  suggested in her  previous comments.  She  expounded on                                                               
her  understanding  of how  current  statutes  and criminal  code                                                               
would interact  with the proposed  legislation and  explained how                                                               
it would impact a city's management of business placement.                                                                      
                                                                                                                                
8:34:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  asked if  the proposed statute  were to                                                               
be adopted,  whether it would  force dispensaries to  relocate if                                                               
they were within the 500-foot limit as outlined in HB 398.                                                                      
                                                                                                                                
MS. SCHROEDER said she didn't believe that would happen.                                                                        
                                                                                                                                
8:35:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON thanked  the committee for  hearing HB
398  and  emphasized  his  desire to  protect  those  who  cannot                                                               
protect themselves  such as children  and those in recovery.   He                                                               
said exposure is  the first step towards  addiction and indicated                                                               
that  expanding [the  drug-free zones]  would be  [favorable] and                                                               
allow law enforcement to bring justice to drug dealers.                                                                         
                                                                                                                                
CHAIR MCCORMICK announced that HB 398 would be held over.                                                                       
                                                                                                                                
8:38:06 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Community  and Regional  Affairs Standing  Committee meeting  was                                                               
adjourned at 8:38 a.m.                                                                                                          

Document Name Date/Time Subjects
HB0398A.pdf HCRA 4/30/2024 8:00:00 AM
HB 398
HB 398 Sponsor Statement 4.25.24.pdf HCRA 4/30/2024 8:00:00 AM
HB 398
HB 398 Sectional Analysis 4.25.24.pdf HCRA 4/30/2024 8:00:00 AM
HB 398
HB 398 Supporting Document #2 4.25.24.pdf HCRA 4/30/2024 8:00:00 AM
HB 398
HB 398 Supporting Document #1 4.25.24.pdf HCRA 4/30/2024 8:00:00 AM
HB 398