Legislature(2023 - 2024)BARNES 124
04/30/2024 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB398 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 398 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
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 |