Legislature(2005 - 2006)HOUSE FINANCE 519
02/28/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB66 | |
| HB35 | |
| HB97 | |
| HB99 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 35 | |||
| * | HB 66 | ||
| * | HB 67 | ||
| HB 97 | |||
| HB 99 | |||
| = | HB 134 | ||
HOUSE FINANCE COMMITTEE
February 28, 2005
1:39 P.M.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 1:39:14 PM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Eric Croft
Representative Richard Foster
Representative Mike Hawker
Representative Jim Holm
Representative Reggie Joule
Representative Carl Moses
Representative Bruce Weyhrauch
MEMBERS ABSENT
Representative Mike Kelly
ALSO PRESENT
Pat Davidson, Director, Legislative Auditor, Legislative
Audit Division; Sam Kito III, Chair, Legislative Liaison
Council, Alaska Professional Design Council; Scott Clark,
Notary Administrator, Office of Lieutenant Governor; Brian
Westad, Intern, Office of Lieutenant Governor; Sgt. Tim
Birt, Juneau, Alaska State Troopers, Department of Public
Safety, Juneau; Anne Carpeneti, Assistant Attorney General,
Legal Services Section, Criminal Division, Department of Law
PRESENT VIA TELECONFERENCE
Representative Vic Kohring; James Steele, Manager, Office of
Children Services, Department of Health and Social Services,
Wasilla; Terry Schoenthal, American Society of Landscape
Architects, Anchorage
SUMMARY
HB 35 An Act extending the termination date of the State
Board of Registration for Architects, Engineers,
and Land Surveyors; and providing for an effective
date.
HB 35 was HEARD and HELD in Committee.
HB 66 An Act making appropriations for the operating and
capital expenses of the state's integrated
comprehensive mental health program; and providing
for an effective date.
HB 66 was POSTPONED.
HB 67 An Act making appropriations for the operating and
loan program expenses of state government, for
certain programs, and to capitalize funds; making
appropriations under art. IX, sec. 17(c),
Constitution of the State of Alaska, from the
constitutional budget reserve fund; and providing
for an effective date.
HB 67 was POSTPONED.
HB 97 An Act relating to the authority to take oaths,
affirmations, and acknowledgments in the state, to
notarizations, to verifications, to
acknowledgments, to fees for issuing certificates
with the seal of the state affixed, and to
notaries public; and providing for an effective
date.
HB 97 was HEARD and HELD in Committee.
HB 99 An Act relating to controlled substances regarding
the crimes of manslaughter, endangering the
welfare of a child, and misconduct involving a
controlled substance; and providing for an
effective date.
HB 99 was HEARD and HELD in Committee.
HB 134 An Act making supplemental, capital, and other
appropriations, and reappropriations; amending
appropriations; making appropriations to
capitalize funds; making an appropriation under
art. IX, sec. 17(c), Constitution of the State of
Alaska, from the constitutional budget reserve
fund; and providing for an effective date.
HB 134 was POSTPONED.
1:39:35 PM
HOUSE BILL NO. 66
An Act making appropriations for the operating and
capital expenses of the state's integrated
comprehensive mental health program; and providing for
an effective date.
HOUSE BILL NO. 67
An Act making appropriations for the operating and loan
program expenses of state government, for certain
programs, and to capitalize funds; making
appropriations under art. IX, sec. 17(c), Constitution
of the State of Alaska, from the constitutional budget
reserve fund; and providing for an effective date.
Co-Chair Chenault advised that HB 66 and HB 67 would be
POSTPONED until a latter date.
HOUSE BILL NO. 35
An Act extending the termination date of the State
Board of Registration for Architects, Engineers, and
Land Surveyors; and providing for an effective date.
REPRESENTATIVE VIC KOHRING, (TESTIFIED VIA TELECONFERENCE),
MAT-SU, stated that HB 35 would extend the termination date
for the Board of Registration for Architects, Engineers and
Land Surveyors (AELS) adding an additional five years. The
current termination date is June 30, 2005. If the
Legislature takes no action to extend the board, it would go
into a one-year phase out to conclude administrative
operations, followed by termination.
Representative Kohring pointed out that the board consists
of 11 members appointed by the Governor:
· Two civil engineers,
· Two land surveyors,
· One mining engineer,
· One electrical or mechanical engineer,
· One engineer from another branch of the profession
of engineering,
· Two architects,
· One landscape architect, and
· One public member.
Representative Kohring highlighted that the board's purpose
is to adopt regulations, oversee examinations, suspend,
revoke or refuse the issuance of new licenses, and issue
licenses to practice to architects, engineers, and land
surveyors who meet the standards of education and training
determined necessary by the board.
Representative Kohring pointed out that Legislative Audit
Division performed a November 1, 2004 board audit, as
required by statute and recommended that the board be
extended to June 30, 2009. The Division found the board to
be operating in the public interest by effectively
regulating individuals who hold themselves out to the public
as registered architects, engineers, land surveyors, and
landscape architects. Furthermore, the Division found that
the board demonstrated an ability to conduct business in a
satisfactory manner, has been effective in developing
regulations, has ensured that licensees are competent and
consistently practice within requirements and ethical
standards of their respective professions.
Representative Kohring pointed out that there are a couple
of amendments proposed by the organization, one of which
adds an additional member. He requested someone present
address those amendments.
SAM KITO III, CHAIR, LEGISLATIVE LIASION COMMITTEE, ALASKA
PROFESSIONAL DESIGN COUNCIL, stated that the Council fully
supports the legislation and the extension of the sunset for
the Board so that they can continue to meet professional
standards.
1:46:34 PM
Vice-Chair Stoltze remembered legislation in the late
1990's, which encouraged the addition of landscape
architects. He asked if an analysis had been done on the
benefits of adding that group.
Mr. Kito pointed out the basic benefit to date is limited as
there are only 30 licensed landscape architects statewide.
He noted that they perform duties separate from architects
or civil engineers. He added that the addition of the
landscape architects to the board would help by adding
another voting member, changing it from 10 to 11 members.
1:47:56 PM
In response to Vice-Chair Stoltze, Mr. Kito pointed out that
they do not have information available that identifies
projects they got with including the landscape architecture
license.
Representative Weyhrauch inquired about the audit report.
PAT DAVIDSON, DIRECTOR, LEGISLATIVE AUDITOR, LEGISLATIVE
AUDIT DIVISION, explained that an audit was conducted and
recommended that the date be extended to 2009. She noted,
based on the results of the audit on the Board of
Registration for Architects, Engineers, and Land Surveyors,
the Division recommends the termination date of June 30,
2005 be extended until June 30, 2009.
Ms. Davidson pointed out that during the last sunset review,
Division recommended that the Legislature modify statutes
allowing the Board to implement continuing professional
education requirements. While the Legislature made that
statutory change, the board has not implemented the
requirement. The Division recommends that either the board
implement a continuing professional education requirement or
the Legislature consider modifying the statutes from a
permissive program to a mandatory one.
Ms. Davidson continued, the second recommendation involves
the continuing evolution of the engineering profession.
Alaska recognizes the core disciplines of civil, chemical,
electrical and mechanical engineering as well as mining and
petroleum engineers. Other states have recognized other
specialties or sub-disciplines. In the report, the Division
recommended that the Board, in conjunction with the
professional society or the University of Alaska, conduct a
comprehensive study regarding the public benefits and
related costs associated with recognizing additional
engineering specialties in Alaska's licensing structure.
Ms. Davidson added that the Legislature should also consider
making the landscape architect a full voting member of the
board.
Representative Weyhrauch asked the importance of the
continuing education requirement for civil engineers and
architects.
Ms. Davidson stated that what the Audit Division looks at is
why should the State become involved with licensing of
professionals for public health, safety and welfare. No
matter the level of training, the same level of protection
is necessary. Although, not perfect, continuing education
is one of the main mechanisms used for maintaining
professional standards.
1:53:10 PM
Representative Holm commented on the landscape architect
process. Ms. Davidson explained that the division has not
done extensive work in regards to the landscape architects.
It has been a progression and those represented on the board
consist of all categories. Landscape architects have about
the same number of licensees and by statute, there must be a
member on that board.
Representative Holm voiced concern with the legislation. He
stated he has been a horticulturist in Alaska for the past
50-years. Alaska does not have an association of Alaskan
nurserymen. Because of that, there is not a "platform" from
which to build that a horticulturist can use. Those that
come from other parts of the world, bring information, which
often does not translate in Alaska. He cautioned that
landscaping in Alaska is peculiar. It is not like building,
given the particulars. There are no books that adequately
explain what types of foliage grow in which places in
Alaska.
Representative Holm stressed this is a major problem. Some
landscape architects specify products that will not grow in
Alaska. Because of that peculiarity, Representative Holm
suggested that they do not have a place on the board until
there is a horticultural set up that can address the State
by regions.
Co-Chair Meyer interjected that there was someone on line
who could testify regarding these concerns.
1:58:00 PM
Representative Croft inquired if all professions should be
moved to some sort of continuing education requirement. Ms.
Davidson stated that was not the intent. She indicated that
it is important to determine how the public is being served
and/or maintaining the quality of the profession.
Continuing professional education is a common way to lead
professionals into continued competency.
Representative Croft questioned if the Legislature should be
deciding that information for the professions. He asked if
it would be more appropriate to defer to the boards. Ms.
Davidson stated that is up to the Legislature.
2:00:38 PM
Representative Weyhrauch agreed that it is important. He
asked about legislative jurisdiction of overseeing of a
professional board. He pointed out that a member of the
public often hires professional expertise because of their
lack of knowledge about a situation. He wanted some degree
of comfort, knowing that there is a board that provides
oversight and a code of ethics for the oversight. He asked
for an update regarding what the board does to regulate
their own members.
Mr. Kito pointed out that last year, there had been
legislation that authorized the board to adopt regulations
in continuing education. That legislation came at the
urging of the surveyors. The architects are close behind
them recognizing the importance of continuing education.
The national scale has adopted continuing education
standards. He admitted that there are professions that are
not quite ready for the standard and listed various boards,
which have national standards.
2:04:51 PM
Representative Hawker asked if there was an amendment before
the Committee. Co-Chair Meyer responded there is no
amendment at this time.
TERRY SCHOENTHAL, (TESTIFIED VIA TELECONFERENCE), AMERICAN
SOCIEY OF LANDSCAPE ARCHITECTS, ANCHROAGE, commented on
testimony by Representative Holm, acknowledging the validity
of his points. Mr. Schoenthal highlighted areas which his
group operates, noting that they rely heavily upon State
nurseries and the University. He pointed out that the State
Board is fundamentally there for the purposes of health,
safety and welfare of the State's citizens. There is not a
planned laboratory for testing for Alaskan plants; however,
the reason for licensing is to deal with health and safety
concerns. There are issues associated with specific designs
such as advice on drainage and stone water management.
2:07:28 PM
Mr. Schoenthal pointed out other areas including highway
design. He stressed the importance of having the
understanding of plant materials and the impact they have on
the site distance. These are issues essential for the work
of the board members.
Mr. Schoenthal stated that the board constitutes about 30
licensed professionals statewide. He thought that the
numbers could double in the next decade. Like other
professionals on the board, it brings forward national
trends and changes, which influence how the requirements are
changed. He mentioned continuing education and offered to
answer questions of the Committee
2:09:27 PM
Representative Holm stated that he was not against landscape
architects, however, he pointed out how ill informed that
industry is. He stressed that the professionals coming from
schools in other states have information does not
"translate" well in Alaska. Representative Holm voiced
concern that a standard for competency would be put in
place.
Representative Holm mentioned an example of the depth of
topsoil necessary for lawns in various sections of Alaska.
He emphasized that if horticultural knowledge is not at
hand, it is difficult to implement specifications that make
sense.
2:12:00 PM
Mr. Schoenthal agreed in part with Representative Holm,
pointing out that there are issues with multiple conditions
statewide. He acknowledged that simple availability is also
a concern and stressed that the role of the board is more
related to the statewide health, welfare and risk factors
versus materials used in landscape design.
2:13:23 PM
Representative Holm acknowledged that competency is an
important reason to have a professional board.
Vice-Chair Stoltze remembered a time there was not a lot of
statewide regulatory function. He wanted "make certain"
that the decision for a board was headed in the right
direction. He noted constituent's complaints regarding
"things" that do not make sense.
2:16:31 PM
Co-Chair Meyer noted that the bill would be held in
Committee to address amendments.
HB 35 was HELD in Committee for further consideration.
2:17:21 PM
HOUSE BILL NO. 97
An Act relating to the authority to take oaths,
affirmations, and acknowledgments in the state, to
notarizations, to verifications, to acknowledgments, to
fees for issuing certificates with the seal of the
state affixed, and to notaries public; and providing
for an effective date.
SCOTT CLARK, NOTARY ADMINISTRATOR, OFFICE OF LIEUTENANT
GOVERNOR, voiced support for the legislation and asked that
Mr. Westad, intern for Lt. Governor Leman summarize it.
BRIAN WESTAD, INTERN, OFFICE OF LIEUTENANT GOVERNOR, stated
that HB 97 identifies changes in the Alaska Statutes, which
have not been updated since 1961. These changes have been
suggested by the Alaskan Notaries working together with Lt.
Governor Leman's office.
Mr. Westad referenced the handout: Notary Statute Comparison
- CSHB 97 (JUD). (Copy in File). The comparison is
arranged in sections highlighting the qualifications, terms,
fees, bonds, commission types, commission revocation, notary
data and non-commissioned notaries.
Mr. Westad provided an overview of the handout.
2:21:23 PM
Mr. Westad continued with the overview.
2:22:11 PM
Representative Croft was confused how the procedure for
revocation changes. He referenced the proposed "shared"
responsibility with the Lt. Governor.
Mr. Clark responded that Section 68, Page 16, provides the
Lt. Governor the authority to revoke or suspend the
commission based on grounds for that subsection. If the
status for the notary changes and they no longer qualify for
the commission, that would constitute grounds. An extreme
case would be a notary convicted of a felony during the
course of their commission. Failure to comply with the
chapter gives the Lt. Governor the authority to revoke or
suspend.
Mr. Clark pointed out that the #3 category for "incompetence
or malfeasance" is more nebulous. All the changes are
fairly technical and relate to the legislation itself.
Mr. Clark noted that Section 44.50.069 deals with situations
where the public might call and complain about a notary. In
that situation, instead of the Lt. Governor having the
authority to revoke the commission, it would go through the
Office of Administrative hearings. He thought that
situation could be less defined and would require some
degree of investigation.
2:24:59 PM
Representative Croft referenced that section and asked about
the final analysis and determination of a violation in the
chapter. He stated that Section 44.50.068 surprised him in
that it repeats Section 44.50.069 and gives the Lt. Governor
the sole power. He pointed out that language would not
require a hearing.
Mr. Clark acknowledged that was correct and that it was not
intended to "rob" the notaries of their right to appeal. He
thought it might be appropriate to add a subsection to
Section 44.50.068 that would clarify that the notary would
have the authority to appeal any decision made by the Lt.
Governor.
Representative Croft thought that the two provisions should
be combined into one section. As it appears now, the two
seem to be on different tracks. Mr. Clark agreed and
suggested that Representative Croft could make an amendment,
which their office would support. The current situation is
quite cumbersome. He suggested that if an amendment is
created, it should approach the situation by letting the Lt.
Governor suspend or revoke and then using the administrative
hearing officer to become the appeal mechanism.
2:28:16 PM
Representative Croft commented it should be a matter of
suspending. Mr. Clark agreed.
Representative Hawker agreed with Representative Croft and
thought that an amendment should be brought forward before
the bill was moved from Committee.
Representative Weyhrauch recommended that if there is going
to be an appeal, it should be in a separate section applying
to other provisions. Mr. Clark asked if direction was being
given for the Office of the Lt. Governor to draft an
amendment.
Representative Weyhrauch asked about the qualifications of
the notary. He referenced Section 8, Page 8, which
stipulates the qualifications of those not having been
incarcerated for a felony within 10 years before the
commission takes effect. He asked if a person would qualify
if they were convicted of a felony but had not been
incarcerated. Mr. Clark did not know if it was possible.
2:30:32 PM
Representative Weyhrauch commented that if you choose a
notary, you choose someone that can be trusted. He thought
that a probation felon should be reconsidered. Mr. Clark
replied that it had not occurred to them that someone could
be accused of a felony and not be incarcerated. He
recommended establishing language that would take both
situations into consideration. Mr. Clark agreed it could be
addressed at the same time as the other amendment.
2:31:50 PM
Co-Chair Meyer pointed out that the application fee had not
been changed; he asked if it had been the same cost since
1961. Mr. Clark responded that fee had been raised from $20
dollars to $40 dollars in 1990. The Lt. Governor did not
proposed that a change be made to that number.
In response to Representative Weyhrauch's comments regarding
the fees, Mr. Clark explained that the $40 dollar fee was
reasonable compared with other states.
Representative Weyhrauch questioned the cost to buy a bond
in 1990 as compared to now. Mr. Clark did not know, but
guessed that they had not increased.
Representative Weyhrauch asked if a notary test was
required. Mr. Clark replied that the test is no longer
required; when researching the statutes, there was no
statutory authority to make it mandatory. The changes
proposed to HB 97 intends to expand the testing program to
make it self guided through the website.
Representative Weyhrauch asked it was required that the
notaries keep a log. Mr. Clark replied that law does not
require it, but notaries are strongly urged to keep a notary
journal. He added that it is an essential element to the
act of notarization. It is not mentioned in the statutes or
in the bill and is a contentious subject. There has been a
lot of objection to a mandatory journal. He commented that
a journal serves the public's best interest as it provides a
record of important information.
2:36:07 PM
Representative Hawker referenced the $40 dollar fee and
asked if the State was receiving sufficient revenue to run
the cost of the program with that amount. Mr. Clark
believed so.
Co-Chair Meyer interjected that since the legislation is in
the process of raising the fees, that section should be
"bumped up" a little. Mr. Clark responded that if the fee
was raised, the bill might not pass. He stressed that
passage is important and that the Office of the Lt. Governor
had looked at the fee schedule closely.
2:37:46 PM
Representative Holm asked if it might be called a tax on the
notary. He inquired about the number of notaries. Mr.
Clark stated that their office processes about 3,000
commissions each year and that there are around 12,000
active notaries.
Vice-Chair Stoltze asked if any industry dominates the
notary commissions. Mr. Clark replied that the banking
industry is a common business; however, all businesses find
it convenient to have notaries on staff.
Vice-Chair Stoltze asked if banks offer the service as a
convenience or as a service. Mr. Clark responded that most
banks offer notary services free of charge to their
customers.
Representative Croft referenced the $40 dollar charge and
asked if that fee had been too high in 1990. He suggested
that the question should be if the amount generates enough
money to cover the services and asked if it was comparable
to other states.
Co-Chair Meyer stated he would not suggest an increase if
costs were being met.
Representative Weyhrauch thought it was important to
scrutinize those costs closely and requested that more
information be made available. Mr. Clark offered to provide
that information.
Co-Chair Meyer requested that Mr. Clark work with Suzanne
Cunningham in his office to provide a committee substitute
addressing the items of concern.
Co-Chair Chenault inquired if there was a log of how many
times a notary uses their seal each year. Mr. Clark replied
that without a notary journal, there is no way to track that
type of activity.
Co-Chair Chenault questioned the fiscal note request. Mr.
Clark advised that the fees referenced are not related to
the notaries or the public. They are related to a special
type of certificate, attached to documents going to foreign
countries. Foreign governments often will not accept
documents from any other country without that type of
attached certificate. There are between 2,000 and 3,000 of
those per year and that is what the fiscal note is based
upon.
Co-Chair Chenault asked what most of the certificates deal
with. Mr. Clark explained that they verify that the
notaries really are notaries.
2:43:59 PM
HB 97 was HELD in Committee for further consideration.
HOUSE BILL NO. 99
An Act relating to controlled substances regarding the
crimes of manslaughter, endangering the welfare of a
child, and misconduct involving a controlled substance;
and providing for an effective date.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION, CRIMINAL DIVISION, DEPARTMENT OF LAW, summarized
what HB 99 would accomplish.
· It provides that it would be a manslaughter
conviction for manufacturing or delivering meth in
violation of drug laws, AS 11.71, if a person dies
as the direct result of ingesting the drug.
· It also provides that there is no additional
comparable mental state required for the State to
prove the case. Making the conduct specifically
homicide does not operate new ground in the law.
2:46:20 PM
· The bill creates a new form of child endangerment
st
in the 1 degree by providing that it would be a
Class C felony to manufacture or attempt to
manufacture meth in violation of the State's drug
laws in a building, especially if children under
18 use the building as a dwelling.
· The bill changes the penalty for possessing meth
amphetamine in an organic solution. Right now, it
is a Class C felony to possess the substance and
it is a Class A felony to possess a precursor to
the substance with the intent to manufacture it.
It is a known fact that people possess the meth
amphetamine in an organic solution in order to
extract the powered meth.
Co-Chair Chenault noted an on-going case in Fairbanks where
a meth lab was found in a motel. Ms. Carpeneti stated that
was correct.
Representative Weyhrauch commented on the vastness of the
problem nationally with meth. He pointed out that "meth
amphetamine" was not in the title of the bill and asked if
the bill was directed solely to that drug.
Ms. Carpeneti explained that two of the sections deal
directly with meth amphetamines but the bill does have a
broader context. The manslaughter provision is for
distribution or manufacturing of any drug in violation to
the State's drug laws.
Representative Weyhrauch asked if current criminal law
allows seizure of a building or car if it is involved in the
manufacturing of meth amphetamines. Ms. Carpeneti said she
would research that and get back to the Committee.
Representative Weyhrauch asked if it was correct that meth
amphetamine could not be made without using Sudafed. Ms.
Carpeneti deferred to an online expert.
Representative Weyhrauch inquired about the possibility of
vapors of the meth amphetamine being absorbed into carpets,
walls and sheetrock of the lab and outside areas. Ms.
Carpeneti understood that was correct and that it could also
permeate airwaves of an entire building.
Representative Weyhrauch asked if the intent of legislation
was that criminal prosecution and application would address
any effect that the meth amphetamine reached. Ms. Carpeneti
advised that it clarifies if the drug is manufactured in a
building with reckless disregard to the danger of any child
in that whole structure, that person would be prosecuted in
first degree.
Representative Weyhrauch commented that reckless disregard
is a high standard. Ms. Carpeneti responded that it is the
highest, "knowingly" is the second highest, "reckless
disregard" the next and "criminal negligence" the last.
Representative Weyhrauch discussed "casting a wider net" for
lowering that to a comparable mental state. He asked if
that change would create a fiscal impact on the prison
system. Ms. Carpeneti thought that most meth lab arrests
would be able to prove reckless disregard because of the
dangerousness of the substance.
Representative Weyhrauch revisited the Sudafed question. He
asked if it was a critical component of meth amphetamine,
would it then be simpler to outlaw Sudafed sales in Alaska.
Ms. Carpeneti noted that there are legitimate uses of
Sudafed. There are several bills in the Legislature at this
time that could regulate the sale of that type of chemical.
2:56:45 PM
Representative Holm mentioned a bill passed a couple of
years ago that dealt with mandatory cleanup of these sites.
He added that HB 149 deals with the meth issue.
SGT. TIM BIRT, ALASKA STATE TROOPERS, DEPARTMENT OF PUBLIC
SAFETY, JUNEAU, testified in support of passage of HB 99.
Sgt. Birt commented on the common trend of the meth labs in
the State of Alaska. There is a complete disregard from
those that manufacture meth amphetamine for their safety as
well as the safety of those around them. The manner in
which the chemicals are stored creates situations that are
extremely hazardous. He stressed that whether it is
intentional or not, a dangerous situation is created with
the chemicals that are used. In the actual meth labs, the
chemicals are usually found from the floor level up to
counter top, the areas in which children spend most of their
time.
Vice-Chair Stoltze asked for a description of the compounds.
Sgt. Burt explained that in Alaska, there are two primary
methods of manufacturing meth amphetamine.
· Using lithium metal and Sudafed
· Using iodine and red phosperous
Vice-Chair Stoltze inquired about the amounts of Sudafed
used. Sgt. Birt explained that in the manufacturing
process, the more chemicals put into the front, the more
finished product that results. What has been seen in the
"box labs" or "mom and pop" labs is that they take a few
boxes of Sudafed and manufacture grams and/or ounces of
meth. For every one unit of Sudafed in the front end, the
result is ¾ unit of meth. Some retailers now limit the
number of boxes of Sudafed, which can be sold over the
counter.
3:03:32 PM
Co-Chair Chenault asked how many meth labs have been busted
in Alaska in the last two to five years. Sgt Birt responded
that those numbers are available but that he did not have
them at this meeting. In 2004, in the Mat-Su valley, there
were 50 to 60 meth labs busted.
Co-Chair Chenault pointed out that the three fiscal notes
all indicate a zero fiscal impact, which surprised him given
the size of the problem statewide. He requested that the up
front anticipated costs be submitted to the Committee.
3:06:04 PM
Representative Holm noted that Alaska has no restrictions on
the purchase of Sudafed. He asked if there should be laws
in place to limit the sale of any ephedrine. Sgt. Birt
commented that Sudafed actually serves legitimate purposes.
He agreed it should be regulated and restricted, which might
help with the problem. Other states that have restricted
the sales have experienced a dramatic decrease in the meth
labs. That drop happened almost immediately with the
passage of their legislation.
Representative Holm understood that if ephedrine came off
the market, there are other options for those that need it
and could be purchased over the counter. Sgt. Birt
acknowledged that there are other compositions of Sudafed
such as a gel cap or cough syrup. In other states, only the
actual cold tablets are regulated.
3:09:04 PM
Representative Holm questioned if that would be possible in
Alaska. Sgt. Birt replied that controlling Sudafed tablets
would definitely have an impact on the meth labs.
Representative Holm recommended that the Committee look
further into that possibility.
3:09:36 PM
JAMES STEELE, (TESTIFIED VIA TELECONFERENCE), MANAGER,
OFFICE OF CHILDREN SERVICES, DEPARTMENT OF HEALTH AND SOCIAL
SERVICES, WASILLA, testified in support of HB 99. He
commented that he comes into contact with the issues of meth
labs not only in his role as manager of children's services
but also as a deputy fire chief. Mr. Steele stressed that
Mat-Su has the fasted growing population and the fastest
growing number of drug labs in the State.
Mr. Steele pointed out that two years ago, the local drug
teams seized 30 labs; last year, that number increased to
51. He noted that there is a critical problem when cooking
meth in that all surfaces become contaminated through the
fumes. Toxic fumes and poisonous gases pose an extreme risk
for anyone exposed.
3:12:17 PM
Last year, the Office of Children Services took custody of 8
active labs. There were workers that transported kids who
had to be decontaminated because of their exposure to the
meth. He stressed that children's normal behavior, places
them at risk for contaminates of the meth and dangerous
chemicals. Currently, his office receives about 40 monthly
reports related to some aspect of meth production. This is
a huge growing concern. Mr. Steele offered to answer
questions of the Committee.
3:13:48 PM
Vice-Chair Stoltze asked how often are firemen, the first
responders to the meth lab scenes. Mr. Steele acknowledged
that it does occur, however, often times the fire department
does not find out until later in the process. Sometimes
there are explosions. He pointed out that they have
responded to car fires with mobile labs. It does occur, but
he did not know the number.
3:15:22 PM
Co-Chair Meyer noted that the bill would be HELD in order to
merge it with other bills with a similar concern.
3:16:27 PM
Representative Weyhrauch hoped that the legislation would
not affect homebrew, wine or beer making.
HB 99 was HELD in Committee for further consideration.
ADJOURNMENT
The meeting was adjourned at 3:18 P.M.
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