Legislature(2005 - 2006)HOUSE FINANCE 519
04/05/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB119 | |
| HB16 | |
| HB156 | |
| HB122 | |
| HB149 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 122 | TELECONFERENCED | |
| += | HB 149 | TELECONFERENCED | |
| += | HB 156 | TELECONFERENCED | |
| + | HB 201 | TELECONFERENCED | |
| = | HB 16 | ||
| = | HB 119 | ||
HOUSE FINANCE COMMITTEE
April 5, 2005
1:46 p.m.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 1:46:06 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 Mike Kelly
Representative Carl Moses
Representative Bruce Weyhrauch
MEMBERS ABSENT
None
ALSO PRESENT
Representative John Coghill; Sally Saddler, Legislative
Liaison, Department of Community and Economic Development;
Eddy Jeans, Director, Education Support Services, Department
of Education and Early Development; Kaci Schroeder, Staff,
House Community and Regional Affairs; Suzanne Cunningham,
Staff, Co-Chair Meyer; Representative Nancy Dahlstrom; Kelly
Huber, Staff, Representative Nancy Dahlstrom; Major General
Craig Campbell, Commissioner, Military and Veterans Affairs;
Representative Jay Ramras; Jane W. Pierson, Staff,
Representative Jay Ramras; Sergeant Tim Birt, Juneau,
Alaska State Troopers; Linda Gohl, Alaska Commission on
Aging
PRESENT VIA TELECONFERENCE
Wanetta Ayers, Executive Director, Southwest Alaska
Municipal Conference; Jason Carroll, Chair, MatSu Resource &
Conservation District (RC&D); Rob Well, Executive Director,
MatSu Resource Conservation & Development Council; Marlena
Adams, Wasilla; Kurt Kornchuck, Anchorage Police Department
SUMMARY
HB 16 "An Act relating to funding for school districts
operating secondary school boarding programs and
to funding for school districts from which
boarding students come; and providing for an
effective date."
HB 16 was REPORTED out of Committee with a "do
pass" recommendation and with fiscal impact note
#1 by the Department of Education and Early
Development.
HB 119 "An Act extending the termination date of the
Alaska regional economic assistance program; and
providing for an effective date."
CSHB 119 (FIN) was REPORTED out of Committee with
a "do pass" recommendation and with two new fiscal
impact notes by the House Finance Committee.
HB 156 "An Act relating to the membership of the Alaska
Commission on Aging; and providing for an
effective date."
CSHB (HES) 156 was REPORTED out of Committee with
a "do pass" recommendation and with fiscal impact
note #1 by the Department of Health and Social
Services.
HB 122 "An Act relating to payment of premiums for
Servicemembers' Group Life Insurance on behalf of
members of the Alaska National Guard deployed to a
combat zone; and providing for an effective date."
HB 122 was heard and HELD in Committee for further
consideration.
HB 149 "An Act relating to further regulation of the
sale, possession, and delivery of certain
chemicals and precursors used in the manufacture
of methamphetamine."
CSHB 149 (FIN) was REPORTED out of Committee with
a "do pass" recommendation and with four
previously published fiscal notes: zero note #1
COR, zero note #2 LAW, indeterminate note #3 DOA,
indeterminate note #4 DOC, and with a new fiscal
impact note by CED.
HB 201 "An Act relating to an application for a permanent
fund dividend for a member of the armed forces of
the United States serving on active duty outside
of the state; and providing for an effective
date."
HB 201 was postponed.
1:46:15 PM
HOUSE BILL NO. 119
"An Act extending the termination date of the Alaska
regional economic assistance program; and providing for
an effective date."
KACI SCHROEDER, STAFF, HOUSE COMMUNITY AND REGIONAL AFFAIRS,
explained the bill.
1:48:50 PM
WANETTA AYERS, EXECUTIVE DIRECTOR, SW ALASKA MUNICIPAL
CONFERENCE, spoke in favor of HB 119. She explained the
benefits of the program and how funds are generated. She
related the funding formula used for the various tiers and
explained how reauthorization is a distraction from economic
development. She spoke of past funding mechanisms, AIDA
receipts, a balanced long-term fiscal plan, and a well-
funded regional development plan.
1:54:31 PM
JASON CARROLL, CHAIR, KENAI PENINSULA ECONOMIC DEVELOPMENT
DISTRICT, spoke of difficulties and how much easier it will
be if the date is extended.
ROB WELL, EXECUTIVE DIRECTOR, MATSU RESOURCE CONSERVATION &
DEVELOPMENT COUNCIL, read a statement (copy on file.)
Co-Chair Meyer closed public testimony.
1:56:52 PM
SALLY SADDLER, LEGISLATIVE LIAISON, DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT, in response to a question from Co-
Chair Meyer, spoke about the new fiscal note.
Representative Kelly asked about the $650,000 amount and how
it is funded.
Ms. Saddler explained that it was intended to be funded by
business licenses, but now is funded by the general fund.
Now there are two fiscal notes; one takes AIDA receipts, and
one transfers those receipts to the division.
Representative Kelly asked if it is funded by AIDA receipts.
Ms. Saddler said it is.
2:01:02 PM
Representative Weyhrauch MOVED to ADOPT Amendment 1:
Page 1, line 6
Delete "2013"
Insert "2010"
Vice-Chair Stoltze OBJECTED.
Co-Chair Chenault spoke against the 2013 date and in favor
of the 2010 date.
Vice-Chair Stoltze WITHDREW his OBJECTION. There being NO
OBJECTION, Amendment 1 was adopted.
Representative Foster MOVED to report CSHB 119 (FIN) out of
Committee with individual recommendations and the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 119 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with two new fiscal impact notes by
the House Finance Committee.
2:03:45 PM
HOUSE BILL NO. 16
"An Act relating to funding for school districts
operating secondary school boarding programs and to
funding for school districts from which boarding
students come; and providing for an effective date."
EDDY JEANS, DIRECTOR, EDUCATION SUPPORT SERVICES, DEPARTMENT
OF EDUCATION AND EARLY DEVELOPMENT, spoke of Resolution 0125
from the state Board of Education in support of HB 16. He
reported on the number of small boarding schools and their
enrollment. He related an example from Nenana regarding the
hold-harmless provision, which is a stopgap while the pilot
program is in place.
Vice-Chair Stoltze asked how many schools are involved. Mr.
Jeans responded that there are three.
Representative Hawker questioned the need for a requirement
that all students go to a boarding school. He wondered
about the overriding policy that fewer than 10 students are
not viable. Mr. Jeans responded that he does not want to
see communities left out.
2:10:21 PM
Co-Chair Chenault asked how long before it is no longer a
pilot program. Mr. Jeans reported that the program is not
in effect right now. The three schools are currently
generating resources to support themselves. The bill allows
DOE time to gather information about how to deal with
boarding schools.
Representative Kelly voiced a concern about going below 10
students. He said he supports the boarding school concept
and the test period, but not beyond that. He suggested that
boarding schools need to have high caliber discipline plans
like in Galena. He referred to page 2, line 4, and said he
wants to have parents involved. He stated opposition to
line 2.
Mr. Jeans related that the per-pupil stipend mirrors a
current program already in place regarding airfare.
Stipends on the spreadsheet that support the fiscal notes
are the same as currently in place. They do not add up to
100 percent. Representative Kelly suggested that parents
pay all of the stipend.
2:17:03 PM
REPRESENTATIVE JOHN COGHILL, sponsor of HB 16, agreed that
the government should not hold the costs. Under the bill
the stipend would cover about 1/3 of the costs. He agreed
that the benefit to Alaska is great. He requested support
for the bill.
Representative Joule spoke of a personal experience with
boarding schools and his family. He said he is very pleased
to see this bill, but noted that it is not a broad enough
look. He suggested that the state step up to the plate to
help. He spoke of regional learning centers and how they
contribute to communities.
2:24:23 PM
Vice-Chair Stoltze related a personal story about a family
growing up poor. He asked if students could work off their
stipends. Mr. Jeans replied that DOE does not regulate
tuition amounts. Nenana has scholarships to help families.
Representative Coghill added that families could work for
the tuition in Nenana.
Representative Hawker pointed out that taking the $1.2
million fiscal note and dividing it by 231 students arrives
at a per student cost of $5,311. He noted that the language
that says the stipend should be determined by the department
on a regional basis is troublesome. He suggested that it be
more specific. Mr. Jeans responded that the boarding home
program has been in regulation since 1985, and costs have
remained at about $185,000 for five years. He opined that
the department has not abused the stipend. Mr. Jeans
explained that there is statutory authority to operate this
program. Representative Hawker read from the statute about
who is eligible to claim costs incurred from the per pupil
stipend. He interpreted it to allow anyone to run their
program as they want.
2:31:10 PM
Representative Coghill replied that was not the intention,
nor the practice of the department. He said he was open to
suggestions.
Representative Foster commended the Rasmuson Foundation for
the grant. Mr. Jeans replied that he did not know the
dollar amount of the grant, but it accompanied a business
plan.
Representative Weyhrauch asked what the State Board of
Education is doing to develop policies for boarding schools.
Mr. Jeans said the board has not developed policies, but
does support this pilot program. All three of these school
districts started the programs on their own, and the board
passed a resolution and found them worthy of a second look.
He explained the evaluation system.
2:35:51 PM
Representative Hawker asked if there is a defined public
program. Mr. Jeans replied only the three boarding schools
that are currently operating are eligible: Galena, Nenana,
and Bethel. Representative Hawker observed that there is
nothing that shows what will be had because of this program.
He inquired about the pilot project.
Representative Coghill replied that the purpose of the pilot
project is to evaluate whether to participate in boarding
school programs at this level. Student access, career
moves, and No Child Left Behind Standards will be used to
evaluate success. Representative Hawker spoke against open-
ended commitments. He asked for accountability and a
definition of a work product. He concluded that funding is
important, but it needs missions and measures.
2:40:47 PM
Representative Coghill explained there are ways to measure
progress. He noted that this is part of the question, "Can
we do it better?"
Vice-Chair Stoltze pointed out that that charter schools
need to display credibility, also. Missions and measures
are already in place. Representative Coghill explained that
he did not mean to disparage charter schools.
2:45:31 PM
Co-Chair Meyer concluded that there would be some
measurements of success, such as benchmark exams.
Representative Weyhrauch WITHDREW Amendment 1.
Representative Weyhrauch MOVED to ADOPT Amendment 2:
Page 2, line 17
Delete "2010"
Insert "2006"
Co-Chair Meyer OBJECTED for the purpose of discussion.
Representative Weyhrauch explained that Amendment 2 would
provide an earlier sunset date for the legislation.
Representative Coghill stated that he would like to see a
five-year period before a review. He estimated that there
would be discussions during the entire five years.
Representative Joule point out that budget subcommittees
raise the issue of how programs are doing every year. He
felt that the current process would allow sufficient review.
He spoke against the amendment.
2:49:50 PM
Co-Chair Meyer questioned if the department would be able to
provide a report in 2010 regarding school performance. Mr.
Jeans stated that it would be their intent to provide the
State Board of Education a report detailing performance
statistics on a yearly basis.
Representative Weyhrauch WITHDREW Amendment 2.
Co-Chair Meyer WITHDREW his OBJECTION.
Representative Hawker maintained an objection to the idea in
the amendment. He reiterated that the there are no clear
expectations outlined in regards to the pilot program. He
expressed concern with the lack of accountability.
Representative Hawker said he would not object to moving the
bill out today.
2:52:23 PM
Co-Chair Meyer reiterated that there would be means and
standards to measure the return of the programs.
Representative Holm noted that there are several
intangibles.
Co-Chair Meyer agreed.
2:53:31 PM
Representative Kelly agreed with Representative Hawker about
accountability. He stressed that schools need to
demonstrate what they are replacing and that the schools are
performing. He maintained that there should be high
performance measures in terms of graduation rates and GPA.
He stressed there should be better returns than "average".
Co-Chair Meyer agreed that there is concern that the state's
money be well spent.
2:55:35 PM
Representative Coghill agreed with the need for
accountability. Communities have reached into their pockets
to go the extra miles. Students and parents have made
sacrifices. He urged the Committee to step up to support
boarding schools. Boarding schools have the same
requirements as other schools. He questioned why boarding
schools should have to outperform other schools.
Representative Kelly clarified that there should be a
measurement of improvement from the local school the student
left behind.
2:58:25 PM
Representative Hawker clarified that he is not asking
boarding schools to outperform other schools. He reiterated
the need have performance measures.
Representative Foster MOVED to report HB 16 out of Committee
with individual recommendations and with the accompanying
fiscal note. There being NO OBJECTION, it was so ordered.
HB 16 was REPORTED out of Committee with a "do pass"
recommendation and with a fiscal impact note #1 by the
Department of Education and Early Development.
3:01:03 PM
HOUSE BILL NO. 156
"An Act relating to the membership of the Alaska
Commission on Aging; and providing for an effective
date."
Representative Holm spoke in support of HB 156. He provided
the history of the bill and urged the committee's support.
Co-Chair Chenault asked if the commission would change from
7 to 8 members. Representative Holm said yes.
Co-Chair Meyer MOVED to ADOPT Amendment 1:
Page 2, line 6
Delete Section 2
Renumber the remaining sections accordingly.
Representatives Stoltze and Holm OBJECTED.
3:05:12 PM
SUZANNE CUNNINGHAM, STAFF, CO-CHAIR MEYER, explained that
the way the statutes are written the Commissioner of
Administration does not have the ability to vote on matters
before the commission. HB 156 would remove the Commissioner
of Administration, and a person who provides senior services
and is a recipient of a grant awarded under the senior grant
program is added to the commission. This person would have
the ability to vote on matters before the commission. Under
AS47.45.240, power, duties, and limitations of the
Commission on Aging, there is some confusion about the way
the statute is written, and Amendment 2 would correct this.
Representative Holm referred to a letter from the Commission
on Aging dated March 3 regarding voting on grants. He
agreed that there might be problems with policies and grant
recipients. He requested comments from Linda Gohl.
3:08:44 PM
LINDA GOHL, EXECUTIVE DIRECTOR, ALASKA COMMISSION ON AGING,
agreed that the statute is misleading because of who
approves grants. She noted that commission members are not
involved in the award process. If there were a potential
conflict of interest, the chair would ask that the member
abstain.
Representative Holm asked Ms. Gohl if there is a conflict of
interest. She opined that there is no conflict of interest.
Ms. Cunningham noted a concern about a senior services
provider and departmental conflicts. Representative Holm
responded that all commissions and boards have the same
potential conflict of interest. It is desirous to have
knowledgeable people on the board.
Co-Chair Meyer asked if Ms. Gohl agreed with the removal of
Amendment 1. She said yes.
Co-Chair Meyer WITHDREW Amendment 1.
3:13:58 PM
Vice-Chair Stoltze MOVED to report CSHB 156 (HES) out of
Committee with the accompanying fiscal note. There being NO
OBJECTION, it was so ordered.
CSHB (HES) 156 was REPORTED out of Committee with a "do
pass" recommendation and with fiscal impact note #1 by the
Department of Health and Social Services.
3:14:44 PM
HOUSE BILL NO. 122
"An Act relating to payment of premiums for
Servicemembers' Group Life Insurance on behalf of
members of the Alaska National Guard deployed to a
combat zone; and providing for an effective date."
KELLY HUBER, STAFF, REPRESENTATIVE NANCY DAHLSTROM,
explained that HB 122 allows military men and women in
foreign countries in combat zone to defer payments for
various contracts and bills.
Representative Holm asked why there is a zero note on the
education loans portion. Ms. Huber replied that the loans
are deferred and will still have to be paid in full.
3:20:15 PM
Co-Chair Meyer Moved to ADOPT Amendment 1:
Page 2, lines 18 - 19:
Delete "; a termination under this paragraph does not
remove the liability for any amount"
Insert ", and the payment of any amounts"
Page 3, line 27, following "Bank":
Insert ", except for a loan made by the Alaska Housing
Finance Corporation"
Vice-Chair Stoltze OBJECTED.
Ms. Huber explained that the sponsor's intent is to exempt
AHFC.
In response to a question by Vice-Chair Stoltze, Ms. Huber
replied that it helps so families are not displaced or
evicted.
Vice-Chair Stoltze WITHDREW his objection to adopt Amendment
1. There being NO OBJECTION, it was so ordered.
3:23:05 PM
Representative Weyhrauch MOVED to ADOPT Amendment 2:
Page 1, line 7
Delete Section 1
Co-Chair Meyer OBJECTED for discussion purposes.
Representative Weyhrauch explained that Section 1 could be
written in a letter of intent.
Representative Croft noted that it is a temporary law and
the section does no harm.
Co-Chair Meyer agreed with Representative Croft.
Representative Weyhrauch asked if making an exception for
the National Guard is appropriate.
REPRESENTATIVE NANCY DAHLSTROM requested that the statement
stay in the bill because it reflects how the legislature
feels about the National Guard.
Co-Chair Meyer asked Representative Foster if there is a set
pattern for including such sections. Representative Foster
replied that there is no set pattern.
Representative Weyhrauch WITHDREW Amendment 2.
3:25:34 PM
Representative Weyhrauch MOVED to adopt Amendment 3:
Page 2, line 9
Delete Section 2
Vice-Chair Stoltze OBJECTED.
Representative Weyhrauch explained that the original section
allowed reimbursement similar to a life insurance program.
Ms. Huber explained that National Guardsmen already have
access to life insurance premiums. She clarified that
Section 2 was added as areas for relief which DMVA wished to
address, and was based on what other states do.
Representative Weyhrauch replied that he likes the original
bill and has problems with Section 2 because it puts a
burden on some and is not defined. He pointed out that the
National Guard is a volunteer service. He referred to costs
imposed on motor vehicle leasing companies, wireless
telephone services, higher education institutions, heating
fuel companies, state loans, and the Department of Fish and
Game. He opined this goes beyond the original intent of the
bill. It is too broad and has unintended consequences.
3:29:47 PM
Ms. Huber related that the bill developed into one which
provides more relief for guardsmen than just life insurance.
There have been no complaints about these new items. All
the bill does is terminate a contract; it does not allow
someone out of making payments. The University of Alaska
already has this in policy. Public utilities provisions
such as this one are found in legislation in other states to
prevent family hardships. The guardsman will still have to
pay their bills, but with no penalties charged. The
Department of Fish and Game will only have to re-issue the
actual license. Deferments of student loans are already in
place. This bill is not trying to create a hardship on
private companies.
Representative Hawker MOVED to ADOPT an amendment to
Amendment 3, to delete Section 2 through page 3, line 27.
He voiced concerns about Section 2 and suggested that
legislative legal take a look at it.
Representative Dahlstrom related that she is comfortable
with the bill as it is because it has been a matter of
public record and no opposition has been voiced.
3:36:23 PM
Representative Croft suggested that the goals of Section 2
are appropriate.
Vice-Chair Stoltze commented on the scope of the bill.
Co-Chair Meyer suggested holding Amendment 3.
Representative Weyhrauch WITHDREW Amendment 3.
Representative Foster thanked the sponsor of the bill. He
suggested that the public would support this bill. He asked
how many would be impacted by the bill.
MAJOR GENERAL CRAIG CAMPBELL, COMMISSIONER, MILITARY AND
VETERANS AFFAIRS, related the numbers of guardsmen overseas,
many who are earning significantly less than they were in
the private sector. There are 125 soldiers from the Third
Battalion in Iraq, 27 soldiers in Haiti, 70 in Afghanistan,
150 deployed from the 176 Wing, plus many from the rescue
squad, for a total of 500 out of 4,000 National Guard
overseas this year.
3:43:43 PM
Representative Weyhrauch declined to move Amendment 4.
Co-Chair Meyer noted that a new fiscal note would be written
by the Department of Fish and Game.
HB 122 was HELD in committee for further consideration.
HOUSE BILL NO. 149
"An Act relating to further regulation of the sale,
possession, and delivery of certain chemicals and
precursors used in the manufacture of methamphetamine."
3:45:42 PM
Co-Chair Chenault MOVED to ADOPT the new CS for HB 149,
labeled 24-LS0596\U, Luckhaupt, 3/31/05. There being NO
OBJECTION, it was so ordered.
REPRESENTATIVE JAY RAMRAS, sponsor, mentioned that there is
an indeterminate fiscal note related to costs by the Public
Defender Agency. He noted that the governor is supportive
of this bill. He pointed out that the bill deals with
deterrents, but also attempts to cut down on the supply of
methamphetamines. He spoke of areas in Alaska with profound
problems such as Barrow, the MatSu Valley, North Pole,
outside of Fairbanks, and other rural areas. He explained
some of the problems associated with methamphetamines. He
noted that the bill also addresses the abuse of steroids.
Vice-Chair Stoltze talked about enhanced protection and
first responders.
JANE W. PIERSON, STAFF, REPRESENTATIVE JAY RAMRAS, related
that the bill went before legislative legal, which said
enhancement is not a new element of the crime. Reckless
endangerment is already a crime.
3:54:31 PM
Representative Ramras clarified that pseudo ephedrine is a
necessary ingredient of methamphetamine. He noted that it
is the best substance to cook the agent with.
TIM BIRT, SERGEANT, JUNEAU, STATE TROOPERS, spoke in support
of the legislation. He explained that without pseudo
ephedrine there is no methamphetamine. He observed that
there is a legitimate use for pseudo ephedrine. He spoke to
the benchmark of products. Six grams would allow the use
suggested by the manufacturer. For every $100 put into the
cost of manufacturing, there is a $1,000 return.
Methamphetamine is extremely addictive. He spoke in support
of provisions requiring registration by consumers. He
stated that there is a spectrum on retail sales, where some
manufacturers provide little or no records sales. Other
manufacturers attempt to control products from theft or ask
for names and addresses for suspicious sales.
4:01:13 PM
In response to a question by Vice-Chair Stoltze, Sergeant
Birt noted that there are a variety of ways of transmitting
information regarding sales of pseudo ephedrine at this
point.
Co-Chair Chenault observed that buyers could be required to
sign as they currently do for prescription drugs. He asked
how the state would access the information.
Sergeant Birt responded that troopers would create a working
relationship with retailers. The intent would be to not
adversely impact the retailers or create burdens.
4:04:50 PM
Co-Chair Chenault noted the delicate nature of the
information. He questioned if there needs to be statute
changes to allow access to confidential material. He
expressed concern with the indeterminate fiscal notes. He
pointed out that he didn't know if there would be 200 or 2
more arrests with the legislation. He acknowledged the need
for the legislation, but stressed that the Committee must
look at the ability to finance the law.
4:07:32 PM
Representative Ramras emphasized that the intent is to choke
the supply and make it more difficult to obtain. He
estimated that there could be a positive affect on law
enforcement if methamphetamine laboratories were shut down.
4:08:49 PM
Representative Hawker referred to nine and six tab limits
and questioned how many tablets make up nine grams.
Sergeant Birt stated that three hundred tablets make up nine
grams. Every unit of pseudo ephedrine equals 5.75 product
produced.
Representative Hawker discussed dosages in an attempt to
ascertain if the parameters were appropriate. He noted that
a 30-milligram tablet would be reduced to 75 percent or 24
milligrams of methamphetamine. He concluded that one-tenth
of a gram would be a street dose of methamphetamine.
Representative Hawker asked if it would be an impediment to
require similar procedures for other prescription drugs.
Sgt. Birt responded that it would not.
4:14:18 PM
Representative Hawker suggested that there would be privacy
issues. He expressed a concern that the right to privacy
not be over-stepped.
Representative Holm expressed concern about the right to
warrant. He noted that other information couldn't be
obtained with out court interaction. The legislation would
allow the state to obtain the information at will, and he
questioned if it would violate the right to privacy.
Representative Holm questioned if nine grams was too great
an amount. He asked why anyone would need more than 30
tablets.
4:17:13 PM
Representative Foster noted that he lives in rural areas in
the summer and that he stocks up on all his supplies.
Representative Weyhrauch stressed that it is a national and
rural problem in all areas of the nation. He emphasized the
severity of the problem of pseudo ephedrine use.
MARLENA ADAMS, WASILLA, (via teleconference) testified in
support of the legislation. She noted that she was addicted
to methamphetamine, which almost cost her life. She was
burned on 47 percent of her body as a result of an explosion
resulting from methamphetamine use. She emphasized that
users become vicious and paranoid. She spoke in support of
stronger limitations and penalties.
KURT KORNCHUCK, ANCHORAGE POLICE DEPARTMENT, (via
teleconference) testified in support of the legislation. He
noted that similar legislation in California has been very
successful. He did not think the measure was drastic in
comparison to the problem. He recounted instances relating
to methamphetamine use in Anchorage. He agreed with a six-
gram limit.
4:29:10 PM
Representative Hawker stressed the intent to protect the
confidentiality of records so that they do not fall prey to
marketing.
Representative Hawker MOVED to ADOPT Conceptual Amendment 1:
Page 9, lines 19 and 20:
After "dispensed." Delete all material and insert the
following:
"Upon the request, the Department of Public Safety and
other law enforcement officers shall have access to the
log. The log may be used for law enforcement purposes,
but is otherwise confidential and not subject to public
disclosure under AS 40.25.100 - 40.25.220."
Representative Hawker explained that confidentiality of a
records log, kept by the retailer, should be maintained with
a confidentiality standard in keeping with that used by
paramedical companies, but should not require a warrant
situation for law enforcement.
Representative Ramras expressed concern that retailers
should not be subject to a crime if they do not keep up
their logs adequately. He pointed out that there could be a
variety of areas where pseudo ephedrine is sold, such as
hotel gift shops.
Representative Hawker responded that less sophisticated
sellers would need to ask the vast majority of innocent
Alaskans to register their driver's licenses and other
information. He brought up the issue of identity theft and
asked for a legal opinion.
4:34:54 PM
Representative Ramras suggested that Representative Hawker
look on page 9, line 8, where a conceptual amendment could
be inserted to address confidentiality concerns.
Representative Hawker pointed out that he referred to the
wholesaler's portion.
Ms. Carpenetti offered to help Representative Hawker with
the language for Conceptual Amendment 1.
There being NO OBJECTION, Conceptual Amendment 1 was
ADOPTED.
Co-Chair Meyer asked if there should be a penalty if the
provision is not met.
Representative Hawker affirmed, but emphasized that he would
leave it up to the Department of Law.
Co-Chair Meyer agreed with the intent of the amendment.
Representative Foster MOVED to report CSHB 149 (FIN) out of
Committee with the accompanying fiscal notes. There being
NO OBJECTION, it was so ordered.
CSHB 149 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with four previously published
fiscal notes: zero note #1 COR, zero note #2 LAW,
indeterminate note #3 DOA, indeterminate note #4 DOC, and
with a new fiscal impact note by CED.
[HB 201 was postponed.]
ADJOURNMENT
The meeting was adjourned at 4:37 PM.
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