Legislature(2009 - 2010)CAPITOL 120
03/10/2010 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB327 | |
| HB115 | |
| HB355 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 327 | TELECONFERENCED | |
| + | HB 115 | TELECONFERENCED | |
| *+ | HB 355 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 10, 2010
1:07 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Chair
Representative Nancy Dahlstrom, Vice Chair
Representative Carl Gatto
Representative Bob Herron
Representative Bob Lynn
Representative Max Gruenberg
Representative Lindsey Holmes
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 327
"An Act relating to the scheduling and rescheduling of certain
substances as controlled substances and to the sale of products
containing dextromethorphan."
- MOVED CSHB 327(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 115
"An Act establishing a permanent absentee voting option for
qualified voters; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 355
"An Act relating to criminal fines for organizations."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 327
SHORT TITLE: CONTROLLED SUBSTANCES/DEXTROMETHORPHAN
SPONSOR(S): REPRESENTATIVE(S) JOHANSEN
02/05/10 (H) READ THE FIRST TIME - REFERRALS
02/05/10 (H) JUD
03/10/10 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 115
SHORT TITLE: PERMANENT ABSENTEE VOTING
SPONSOR(S): REPRESENTATIVE(S) BUCH
02/04/09 (H) READ THE FIRST TIME - REFERRALS
02/04/09 (H) STA, FIN
03/17/09 (H) STA AT 8:00 AM CAPITOL 106
03/17/09 (H) Heard & Held
03/17/09 (H) MINUTE(STA)
02/18/10 (H) STA AT 8:00 AM CAPITOL 106
02/18/10 (H) Moved CSHB 115(STA) Out of Committee
02/18/10 (H) MINUTE(STA)
02/19/10 (H) JUD REFERRAL ADDED AFTER STA
02/23/10 (H) STA RPT CS(STA) 3DP 2NR
02/23/10 (H) DP: SEATON, GRUENBERG, PETERSEN
02/23/10 (H) NR: P.WILSON, LYNN
03/10/10 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 355
SHORT TITLE: CRIMINAL FINES FOR ORGANIZATIONS
SPONSOR(S): REPRESENTATIVE(S) GRUENBERG
02/19/10 (H) READ THE FIRST TIME - REFERRALS
02/19/10 (H) JUD, FIN
03/10/10 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
REPRESENTATIVE KYLE JOHANSEN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 327.
DAVID SCOTT, Staff
Representative Kyle Johansen
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Assisted with the presentation of HB 327 on
behalf of the sponsor, Representative Johansen.
SUE STANCLIFF, Special Assistant
Office of the Commissioner
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 327.
LELA RAYMOND
Ketchikan, Alaska
POSITION STATEMENT: During discussion of HB 327, spoke about
dextromethorphan abuse.
REND AL-MONDHIRY, Esq., State Legislative Counsel
Legal & Government Affairs
Consumer Healthcare Products Association (CHPA)
Washington, D.C.
POSITION STATEMENT: During discussion of HB 327, expressed
concern with the provisions pertaining to dextromethorphan.
RENEE SCHOFIELD, CEO
Tongass Substance Screening, Inc. (TSS)
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of HB 327.
BARRY CHRISTENSEN, Co-Chair
Legislative Committee
Alaska Pharmacists Association (APA)
Ketchikan, Alaska
POSITION STATEMENT: During discussion of HB 327, testified in
opposition to the provisions pertaining to dextromethorphan.
GERALD LUCKHAUPT, Attorney
Legislative Legal Counsel
Legislative Legal and Research Services
Legislative Affairs Agency (LAA)
Juneau, Alaska
POSITION STATEMENT: Spoke as the drafter during discussion of
HB 327.
REPRESENTATIVE BOB BUCH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 115.
PHIL KEISLING
Portland, Oregon
POSITION STATEMENT: Provided comments during discussion of
HB 115.
GAIL FENUMIAI, Director
Central Office
Division Of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Responded to questions during discussion of
HB 115.
ACTION NARRATIVE
1:07:51 PM
CHAIR JAY RAMRAS called the House Judiciary Standing Committee
meeting to order at 1:07 p.m. Representatives Ramras,
Dahlstrom, Herron, Gatto, Lynn, and Gruenberg were present at
the call to order. Representative Holmes arrived as the meeting
was in progress.
HB 327 - CONTROLLED SUBSTANCES/DEXTROMETHORPHAN
1:09:08 PM
CHAIR RAMRAS announced that the first order of business would be
HOUSE BILL NO. 327, "An Act relating to the scheduling and
rescheduling of certain substances as controlled substances and
to the sale of products containing dextromethorphan."
1:09:29 PM
REPRESENTATIVE KYLE JOHANSEN, Alaska State Legislature, sponsor,
indicated that HB 327 - the three main provisions of which were
requested by three different constituents - would add "Salvia
divinorum" [and its main active compound "Salvinorin A
(Divinorin A)" - abused for their hallucinogenic properties - to
the list of schedule IIA drugs; would change buprenorphine -
used as a substitute for methadone in opiate addiction therapies
but also subject to abuse - from a schedule VA drug to a
schedule IIIA drug; and would require that the sale of products
containing dextromethorphan - abused for its intoxicating effect
and found in many cough syrups - be limited such that they could
not be sold to minors without a prescription, and such that they
either be clearly labeled to that effect or that access to them
be restricted].
CHAIR RAMRAS acknowledged that many substances - including
cleaning solvents - are now being abused by those seeking to
experience an altered state of consciousness, and offered his
understanding of what the provisions of HB 327 entail.
1:14:34 PM
DAVID SCOTT, Staff, Representative Kyle Johansen, Alaska State
Legislature, on behalf of the sponsor, Representative Johansen,
to clarify, reiterated some of the points made by the sponsor.
CHAIR RAMRAS predicted that one of the issues the committee
would be considering is whether labeling a product as dangerous
makes it more attractive to those seeking to experience an
altered state of consciousness.
REPRESENTATIVE DAHLSTROM - remarking that she has two military
bases in her district, that sometimes the spouses of military
personnel are under the age of 18, and that sometimes minors
become emancipated - said she supports the intent of the bill,
but is concerned about its proposed requirement that products
containing dextromethorphan not be sold to those under the age
of 18 without a prescription.
MR. SCOTT explained that one of those military bases - Elmendorf
Air Force Base - already bans the use of Salvia Divinorum, and
already requires that products containing dextromethorphan be
kept behind the counter.
REPRESENTATIVE HERRON questioned why the bill is proposing to
add Salvia divinorum [and "Salvinorin A (Divinorin A)"] to the
list of schedule IIA drugs rather than to the list of schedule
IA drugs.
MR. SCOTT offered his understanding that it's because its
chemical makeup and effects are similar to those of other
schedule IIA drugs.
CHAIR RAMRAS surmised that the drafter could address that
question further.
1:21:58 PM
SUE STANCLIFF, Special Assistant, Office of the Commissioner,
Department of Public Safety (DPS), indicated that the DPS
supports HB 327, and that although the DPS recognizes the
difficulty of testing for [the presence of Salvia divinorum or
"Salvinorin A (Divinorin A)" in a person's system], the DPS is
concerned about the effect of those drugs on people who use them
while driving or operating equipment. Many states have already
made Salvia divinorum [and "Salvinorin A (Divinorin A)"]
illegal, and several more states are considering doing so as
well. According to a 2008 National Survey on Drug Use and
Health Report published by the federal Substance Abuse & Mental
Health Services Administration (SAMHSA), approximately 1.8
million people over the age of 11 have used Salvia divinorum in
their lifetime, approximately 750,000 people have done so during
the prior year, and young adults were three times more likely
than youths aged 12 to 17 to have used Salvia divinorum during
the prior year.
MS. STANCLIFF recounted what she'd heard about the effects of
Salvia divinorum - that it leaves the user feeling unable to
control his/her own movements - and that there was one 17-year-
old who committed suicide after using Salvia divinorum several
times over a period of months and experiencing a sense that life
was pointless. Regardless that it's difficult to test for
Salvia divinorum use, she relayed, Alaska's Scientific Crime
Detection Laboratory ("crime lab") is proactively searching for
methods by which to do so, particularly given that driving under
the influence of Salvia divinorum poses a danger to others on
the road. In response to questions regarding the enforcement of
the bill's provisions pertaining to dextromethorphan, she
indicated that the DPS is primarily concerned with and
supportive of the provisions of HB 327 that would add Salvia
divinorum [and "Salvinorin A (Divinorin A)"] to the list of
schedule IIA drugs.
CHAIR RAMRAS ventured that the committee supports HB 327.
1:32:31 PM
LELA RAYMOND mentioned that her son began abusing
dextromethorphan in March 29, 2008, taking a product that
contained it in order to "get high," and ended up in the
hospital only 17 days later due to an overdose; seven months
later, her son had overdosed a total of eight times, and during
two of those times, he experienced some degree of organ failure.
Her son's addiction has affected her entire family, with the
youngest children now being fearful that he will soon die from
dextromethorphan abuse. Her son was stealing products
containing dextromethorphan from grocery stores, where such
products are readily available. She noted that another child
lost half of her liver due to her dextromethorphan abuse. Some
years, dextromethorphan is abused even more than other types of
drugs, it shuts down the person's whole body, muscle by muscle,
organ by organ, and causes hallucinations.
MS. RAYMOND pointed out that when young girls abuse
dextromethorphan, it renders them incapable of protecting
themselves against rape. The concept of abusing products
containing dextromethorphan to experience an altered state of
consciousness has spread rapidly over the Internet, and there
are other children in the community experiencing this problem.
Dextromethorphan abuse has become an epidemic across the nation,
with one out of every eleven people abusing it to "get high."
In conclusion, she relayed that eventually, her son had to be
locked up for his own safety. In response to a question, she
added that research indicates that while 15 to 30 milligrams of
dextromethorphan is sufficient to suppress a cough, and 100
milligrams is sufficient to cause hallucinations, the children
in Ketchikan are consuming several thousand milligrams at a time
and daring each other to consume more and more - bottle for
bottle - at each [event]. Her son, she added, had at one point
consumed six bottles, thereby almost ending his life.
MS. RAYMOND, in response to another question, offered her
understanding that there are about 120 common products on the
market that contain dextromethorphan, and ventured some of the
names of some of those products. Unfortunately, most of those
products also contain many other ingredients which, when taken
in excess, cause serious medical complications such as the
destruction of one's liver. People who abuse such products are
seeking the effects of the dextromethorphan, and, again,
products containing it are readily available and accessible at
the grocery store.
1:41:42 PM
REND AL-MONDHIRY, Esq., State Legislative Counsel, Legal &
Government Affairs, Consumer Healthcare Products Association
(CHPA), after mentioning that the CHPA is a trade association
representing the nation's leading manufacturers of over-the-
counter medicines and nutritional supplements, explained that
dextromethorphan is a safe and effective ingredient found in
over 100 over-the-counter cough- and cold-remedy products.
Since dextromethorphan's approval by the U.S. Food and Drug
Administration (FDA) in the 1950s, it has been used safely by
millions of Americans each year to relieve coughs due to the
common cold and flu. Unfortunately, there are reports that some
teenagers and young adults are intentionally abusing products
containing dextromethorphan in an effort to "get high"; this
involves taking extremely large amounts - about 25-30 times the
recommended dose.
MS. AL-MONDHIRY said that the CHPA supports the "age-18 sales
restrictions," and applauds the purpose of HB 327. However, the
CHPA opposes language that would limit or, in this case,
potentially cut off consumer access to cough and cold medicines
by requiring that such products be placed behind the counter, or
that requires these products to have special labeling; the CHPA
believes that such requirements are unnecessary, unworkable, and
not in the public interest. The CHPA and the companies that
manufacture products containing dextromethorphan believe that
education is the most effective way to prevent cough-medicine
abuse by teenagers, and so for several years the CHPA has teamed
up with the nation's leading anti-drug-abuse and education
organizations to raise awareness among parents and in
communities about the dangers of cough medicine abuse.
MS. AL-MONDHIRY then listed some of the CHPA's accomplishments
in that regard, including its work with Community Anti-Drug
Coalitions of America (CADCA), Partnership for a Drug-Free
America (PDFA), Drug Abuse Resistance Education (D.A.R.E.)
America, Abbott Laboratories, Pharmaceutical Research and
Manufacturers of America (PhRMA), and WebMD, LLC, and the launch
of its online grassroots campaign, "Five Moms: Stopping Cough
Medicine Abuse". More information about these efforts can be
found on the Internet at "StopMedicineAbuse.org".
MS. AL-MONDHIRY, in response to a question, explained that
because currently there is no alternative to dextromethorphan -
the most effective cough suppressant available - if stores are
required to keep products containing dextromethorphan behind the
counter or otherwise limit access to them, they will instead
simply stop carrying those products.
1:46:35 PM
RENEE SCHOFIELD, CEO, Tongass Substance Screening, Inc. (TSS),
relayed that her company focuses on the health and safety of the
community, offering a wide range of services including drug and
alcohol testing. She explained that five years ago, the TSS
received one call about dextromethorphan and the problems it
creates; that three years ago, the TSS received five or six
calls; and that currently, the TSS receives calls every week.
This indicates a rampant escalation in the abuse of products
containing dextromethorphan, which is a good product when used
appropriately. Unfortunately, today's youth are finding a
variety of ways to misuse the drugs they have ready access to:
products containing dextromethorphan are easy to get at the
grocery store and are available in almost all homes. She
suggested that families with children, regardless of their
children's age, should keep such products locked up and
inaccessible to their children.
MS. SCHOFIELD relayed that the TSS has also been receiving calls
from concerned parents regarding their children's possession and
use of Salvia divinorum. With regard to buprenorphine, she said
that it, too, is a good drug when used appropriately; however,
it appears that it is getting overprescribed, and then people
are selling their prescriptions [to those seeking to abuse the
drug]. In conclusion, she said that she supports HB 327;
remarked that the intent of the bill is good; acknowledged that
there may still be a few problems with regard to testing for the
substances the bill is focused on; and predicted that as more
states address these substances someone will find a way to test
for their presence in a person's system, thereby protecting
children so that they may indeed become the leaders of the
future.
1:51:19 PM
BARRY CHRISTENSEN, Co-Chair, Legislative Committee, Alaska
Pharmacists Association (APA), relayed that the APA opposes the
provisions of HB 327 pertaining to dextromethorphan, with most
members being opposed because they've been dispensing
dextromethorphan for a number of years without issue. He
acknowledged, however, that testimony heard thus far indicates
that there are now some problems with abuse, and so the members
of the APA are willing and able to help with enforcement. In
response to questions, he indicated that having to check a
customer's government-issued photo identification (ID) to
determine that he/she is at least 18 years of age would not be
much of a burden, and neither would refusing to sell a product
containing dextromethorphan to a minor unless he/she had a
prescription. The language of the bill that is troubling,
however, is the requirement that products containing
dextromethorphan be placed behind the counter; the concern with
that requirement is that there are a lot of products that
contain dextromethorphan and so to move them all behind the
counter would raise shelving issues.
CHAIR RAMRAS pointed out, though, that in lieu of placing
products containing dextromethorphan behind the counter, those
selling such products could simply label them as for sale only
to persons 18 years of age or by prescription. Observing that
the Department of Law has submitted an indeterminate fiscal note
for HB 327, he surmised that the bill would be referred to the
House Finance Committee.
MR. SCOTT, in response to a question, acknowledged that the
committee could choose to delete the requirement that access to
products containing dextromethorphan be limited.
REPRESENTATIVE HERRON indicated that he would be opposed to such
a change.
MR. CHRISTENSEN, in response to comments and questions,
indicated acceptance of the bill's current language.
MR. SCOTT, in response to questions, acknowledged that under the
bill, those who sell products containing dextromethorphan would
be required to check a customer's government-issued photo ID to
verify that the customer was at least 18 years of age, and that
retailers, sellers, and vendors of such products would be
responsible for training their employees to that effect.
REPRESENTATIVE GATTO opined that requiring employees to check
customers' IDs would be too burdensome.
CHAIR RAMRAS disagreed, and pointed out that similar
requirements are already in place with regard to the sale of
certain other products such as [tobacco,] alcohol, and those
containing ephedrine or pseudoephedrine.
2:04:42 PM
REPRESENTATIVE HOLMES said that according to her reading of the
provisions pertaining to dextromethorphan, a violation would be
a class B misdemeanor, and would apply to whoever violated the
provisions, whether that be the seller, retailer, or vender, or
his/her employee. She questioned how retailers would restrict
the public's access to products containing dextromethorphan.
[Chair Ramras turned the gavel over to Representative Herron.]
MR. SCOTT ventured that it would be up to the individual
retailer to decide whether to label the products or to restrict
access to them, and, if the latter, to decide how to restrict
access. Very small stores, those without any room behind the
counter, would probably choose to label the products containing
dextromethorphan, he surmised.
[Representative Herron returned the gavel to Chair Ramras.]
MR. SCOTT, in response to another question, ventured that some
retailers might choose to put products containing
dextromethorphan in locked cases rather than behind the counter.
The language in the bill that says, "limit the access of the
public to the product by its placement behind a counter or by
similar means" provides retailers with flexibility in that
regard.
REPRESENTATIVE HERRON surmised that limiting access could
involve just placing the products where a customer has to ask
for them instead of where he/she can reach them himself/herself.
REPRESENTATIVE GRUENBERG pointed out that a violation of the
provisions pertaining to dextromethorphan could be applied to a
corporation, since the term, "a person" - as used in proposed AS
17.30.095 - is defined in AS 11.81.900(b)(45) as, "a natural
person and, when appropriate, an organization, government, or
governmental instrumentality;" and the term, "organization" is
defined in AS 11.81.900(b)(43) as, "a legal entity, including a
corporation, company, association, firm, partnership, joint
stock company, foundation, institution, government, society,
union, club, church, or any other group of persons organized for
any purpose;".
CHAIR RAMRAS, in response to questions and comments, opined that
it is necessary to protect young people from their attempts at
experimentation with mind-altering substances, and posited that
HB 327 would help.
REPRESENTATIVE GRUENBERG pointed out that a violation of the
provisions pertaining to dextromethorphan requires a mens rea of
recklessly, and that a person could violate either the
requirement that a product containing dextromethorphan not be
sold to a person under the age of 18 without a prescription, or
the requirement that such products either be labeled to that
effect or that access to them be restricted.
MR. CHRISTENSEN referred to the requirement that vendors
sellers, and retailers determine that their employees and agents
have been notified of the requirements of the provisions
pertaining to dextromethorphan, and questioned what the phrase,
"making another appropriate determination" would entail.
2:21:13 PM
GERALD LUCKHAUPT, Attorney, Legislative Legal Counsel,
Legislative Legal and Research Services, Legislative Affairs
Agency (LAA), speaking as the drafter, explained that that
phrase is meant to provide another mechanism - other than
obtaining an employee or agent's written acknowledgment - by
which vendors sellers, and retailers could ensure that their
employees and agents have been notified of the requirements of
the provisions pertaining to dextromethorphan. That phrase is
part of the existing law pertaining to the sale of products
containing ephedrine or pseudoephedrine, and there is similar
language in the laws pertaining to the sale of tobacco products.
MR. LUCKHAUPT, in response to the question of why the bill is
proposing to add Salvia divinorum [and "Salvinorin A
(Divinorin A)"] to the list of schedule IIA drugs rather than to
the list of schedule IA drugs, explained that [Salvia divinorum
and "Salvinorin A (Divinorin A)"] are not currently listed as
scheduled substances by the federal government, though
legislation to list them as schedule I substances was introduced
[in 2002] but not adopted; that although the federal government
lists marijuana and all [hallucinogenic] substances as schedule
I substances, in Alaska, all [hallucinogenic] substances are
listed as schedule IIA substances and marijuana is listed as a
schedule VIA substance, and so the language of the bill is
consistent with that practice; and that in Alaska, things like
[opium and] heroin are listed as schedule IA substances, whereas
the federal government, for the most part, lists such things as
schedule II substances.
MR. LUCKHAUPT, with regard to the bill's proposed requirement
that products containing dextromethorphan not be sold to those
under the age of 18 without a prescription, noted that in
similar statutes regarding the sale of products containing
[ephedrine or pseudoephedrine] the age threshold was changed to
16 years of age in order to address underage spouses and
emancipated minors.
2:25:26 PM
CHAIR RAMRAS made a motion to adopt Amendment 1, labeled 26-
LS1261\R.1, Luckhaupt, 3/10/10, which read:
Page 3, line 7:
Insert a new bill section to read:
"* Sec. 3. AS 11.71.170(b) is amended to read:
(b) Schedule IVA includes, unless specifically
excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which
contains any quantity of the following substances,
including their salts, isomers and salts of isomers
whenever the existence of these salts, isomers, and
salts of isomers is possible within the specific
chemical designation:
(1) barbital;
(2) chloral betaine;
(3) chloral hydrate;
(4) chlordiazepoxide;
(5) clonazepam;
(6) clorazepate;
(7) diazepam;
(8) ethclorvynol;
(9) ethinamate;
(10) flurazepam;
(11) lorazepam [LORAZEPAN];
(12) mebutamate;
(13) meprobamate;
(14) methohexital;
(15) methylphenobarbital, also known as
mephobarbital;
(16) oxazepam;
(17) paraldehyde;
(18) petrichloral;
(19) phenobarbital;
(20) prazepam;
(21) alprazolam;
(22) halazepam;
(23) temazepam;
(24) triazolam;
(25) midazolam;
(26) quazepam;
(27) flunitrazepam;
(28) [REPEALED
(29)] ketamine hydrochloride."
Renumber the following bill sections accordingly.
Page 4, following line 1:
Insert a new bill section to read:
"* Sec. 6. The uncodified law of the State of
Alaska is amended by adding a new section to read:
APPLICABILITY. AS 11.71.170(b)(11), as amended by
sec. 3 of this Act, corrects a typographical error in
the spelling of "lorazepam" that has existed since its
adoption in Chapter 45, SLA 1982. AS 11.71.170(b)(11),
as amended by sec. 3 of this Act, applies to crimes
committed before, on, or after the effective date of
this Act."
CHAIR RAMRAS explained that Amendment 1 simply addresses a
spelling error in current statute.
CHAIR RAMRAS, after ascertaining that there were no objections,
announced that Amendment 1 was adopted.
2:25:49 PM
REPRESENTATIVE HERRON made a motion to adopt Amendment 2, to add
Salvia divinorum [and "Salvinorin A (Divinorin A)"] to the list
of schedule IA substances instead of to the list of schedule IIA
substances.
REPRESENTATIVE DAHLSTROM objected for the purpose of discussion,
and raised the issues of detection and enforcement.
MR. LUCKHAUPT, in response, indicated that there are tests
available to determine whether a substance is Salvia divinorum,
but not whether a person is under the influence of Salvia
divinorum [or "Salvinorin A (Divinorin A)"]; that Salvia
divinorum is part of the mint family; and that if Salvia
divinorum [and "Salvinorin A (Divinorin A)"] were instead listed
as schedule IA substances, slightly increased penalties would
then be available. In response to another question, he
clarified that Alaska classifies schedule IA substances as
having the highest degree of danger or probable danger to a
person or the public, whereas the federal government classifies
schedule I substances as having no medicinal use. In response
to further questions, he indicated that it might be possible to
buy Salvia divinorum in certain shops, since currently it is not
regulated by the federal government. He reiterated that in
Alaska all [hallucinogenic] drugs are listed as schedule IIA
substances.
REPRESENTATIVE GATTO indicated disfavor with the concept of
listing Salvia divinorum [and "Salvinorin A (Divinorin A)"] as a
more dangerous substance than the other [hallucinogenic] drugs
currently listed as schedule IIA substances, as Amendment 2
proposes to do.
REPRESENTATIVE HERRON argued that Salvia divinorum [and
"Salvinorin A (Divinorin A)"] should be listed as schedule IA
substances in Alaska simply because the federal government lists
drugs that have no medicinal use as schedule I substances.
2:31:04 PM
A roll call vote was taken. Representatives Herron, Lynn, and
Ramras voted in favor of Amendment 2. Representatives Gatto,
Gruenberg, Holmes, and Dahlstrom voted against it. Therefore,
Amendment 2 failed by a vote of 3-4.
2:31:34 PM
REPRESENTATIVE DAHLSTROM made a motion to adopt Conceptual
Amendment 3, [to allow underage spouses, emancipated minors, and
minors who are parents to purchase products containing
dextromethorphan without a prescription]. There being no
objection, Conceptual Amendment 3 was adopted.
2:32:57 PM
REPRESENTATIVE DAHLSTROM moved to report HB 327, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
327(JUD) was reported from the House Judiciary Standing
Committee.
HB 115 - PERMANENT ABSENTEE VOTING
2:34:02 PM
CHAIR RAMRAS announced that the next order of business would be
HOUSE BILL NO. 115, "An Act establishing a permanent absentee
voting option for qualified voters; and providing for an
effective date." [Before the committee was CSHB 115(STA).]
2:34:35 PM
REPRESENTATIVE BOB BUCH, Alaska State Legislature, sponsor,
indicated that HB 115 would simply make voting via absentee
ballot more convenient [by providing voters with the option of
registering as a permanent absentee voter for state elections],
that it would make no other changes to Alaska's voting process,
and that providing for permanent absentee voting status] has met
with great success. Currently, 8 other states have a similar
option available, and 21 other states are considering adopting
similar legislation. In response to questions, he relayed that
the Division of Elections supports HB 115, and that the bill
would help those in the military and those who are [housebound].
CHAIR RAMRAS expressed concern that HB 115 would be used by
military personnel to commit more permanent fund dividend (PFD)
fraud.
REPRESENTATIVE BUCH offered his belief that it would not, that
existing safeguards within the Division of Elections and the
United States Postal Service (USPS) regarding absentee
ballots/voting are sufficient to prevent any such increase in
fraudulent PFD filings. Under the bill, a person must first
apply with the Division of Elections for permanent absentee
voter status, and then [if the application is approved] the
Division of Elections would send the person an absentee ballot
[each appropriate election cycle].
CHAIR RAMRAS reiterated his concern, but acknowledged that
military personnel are not the only ones who commit PFD fraud.
REPRESENTATIVE GRUENBERG noted that members' packets include a
letter from the Division of Elections dated February 24, 2010,
that addresses the issue of fraud. He also noted that when the
bill was heard in its last committee of referral, a concern was
raised regarding whether the bill has potential constitutional
or legal problems. That concern has been addressed via a
memorandum from Legislative Legal and Research Services dated
February 23, 2010; this memorandum indicates that under the
federal Voting Rights Act of 1965, the bill's proposed changes
to Alaska's voting practices/procedures require preclearance [by
the Department of Justice's (DOJ's) Civil Rights Division].
2:43:07 PM
PHIL KEISLING relayed that he served as Oregon's secretary of
state from 1991 through 1999; and that in 1995, Oregon
implemented a statutory permanent absentee voting provision to
address the fact that as the result of a "get out the vote"
strategy, election officials were getting deluged prior to every
election with requests for absentee ballots. People liked the
convenience of voting by mail, but didn't like having to request
an absentee ballot for every election. Furthermore, there were
costs associated with processing new absentee ballot requests
every election. The permanent absentee voting provision has
proved to be very popular, has reduced costs, has increased
voter turnout, has reduced the chance of mistakes, and has made
it easier to detect election fraud.
2:50:34 PM
GAIL FENUMIAI, Director, Central Office, Division Of Elections,
Office of the Lieutenant Governor, in response to questions,
said that the Division of Elections doesn't believe that HB 115
would contribute to any increased incidents of voter fraud; that
during her 12-plus years with the Division of Elections, she
hasn't ever encountered any voter fraud resulting from Alaska's
absentee ballot process; that she is unable to speak to the
issue of PFD fraud; that the Division of Elections has spoken
with a former Oregon election official who had nothing but
positive things to say about its permanent absentee voting
provision by mail system, feeling that it enhanced the
opportunity for voters to participate in the election process;
and that at this time she is not able to provide any statistics
regarding the eventual increased voter turnout in Oregon.
REPRESENTATIVE BUCH indicated that members' packets contain
information illustrating that at times, Oregon experienced a
voter turnout of up to 80 percent due to that state's permanent
absentee voting provision.
REPRESENTATIVE GATTO, referring to statistics provided in a
letter from the president of the American Postal Workers Union
dated February 10, 2010, indicated that he is questioning what
impact HB 115 would have on the integrity of Alaska's voting
process.
MS. FENUMIAI, in response to questions and comments, offered her
understanding of how the voting system works in Oregon; stated
that as the director of the Division of Elections, she believes
it's important for everyone who is eligible to vote, to vote;
and said she would prefer not to pass personal judgment on
voters who may not be living in the state.
REPRESENTATIVE BUCH, in response to questions, indicated that
voters could benefit from the adoption of HB 115 because it
would be safer for them to receive their ballots by mail rather
than risk having to get themselves to their election district's
voting venue; and that he had not asked anyone from the
Permanent Fund Dividend Division to come speak on HB 115 because
his intention with the bill is to address the issue of
elections, not PFDs or PFD fraud, which he surmised, is already
being adequately addressed by the Permanent Fund Dividend
Division.
The committee took an at-ease from 3:01 p.m. to 3:02 p.m.
CHAIR RAMRAS indicated a belief that HB 115 should also address
the issue of PFD fraud, and relayed that HB 115 would therefore
be held over.
HB 355 - CRIMINAL FINES FOR ORGANIZATIONS
3:06:33 PM
CHAIR RAMRAS announced that the final order of business would be
HOUSE BILL NO. 355, "An Act relating to criminal fines for
organizations."
REPRESENTATIVE GRUENBERG, speaking as the sponsor, explained
that HB 355 and a proposed amendment included in members'
packets would bring criminal penalties for organizations up to
date, and would cure a loophole in current law; that proposed
amendment, labeled 26-LS1385\E.1, Luckhaupt, 3/9/10, [which
later became known as Amendment 1] read:
Page 1, line 7:
Delete "$1,000,000"
Insert "$2,000,000 [$1,000,000]"
Page 1, line 9:
Delete "$200,000"
Insert "$400,000 [$200,000]"
Page 1, line 11:
Delete "$25,000"
Insert "$50,000 [$25,000]"
Page 1, line 13:
Delete "$10,000"
Insert "$20,000 [$10,000]"
REPRESENTATIVE GRUENBERG, in conclusion, offered his
understanding that HB 355 enjoys support.
[HB 355 was held over.]
3:07:32 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:07 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 HB327 Sponsor Statement.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 327 |
| 02 HB327 Bill v. R.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 327 |
| 03 HB327-DPS-LAB-03-08-10.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 327 |
| 04 HB327 DXM Leg Research Report.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 327 |
| 05 HB327 DXM Backup.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 327 |
| 06 HB327 DXM Backup ER visits.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 327 |
| 07 HB327 Salvia Backup.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 327 |
| 08 HB327 Salvia Backup 2.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 327 |
| 09 HB327 Buprenoorphine Backup.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 327 |
| 10 HB327 USAF Ban Backup.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 327 |
| 11 HB327 CHPA Testimony.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 327 |
| 01 HB115 Sponsor Statement.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 115 |
| 02 HB115 STA CS v. E.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 115 |
| 03 HB115 Sectional Analysis.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 115 |
| 04 HB115-OOG-DOE-2-12-10.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 115 |
| 05 HB115 Bill v. A.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 115 |
| 06 HB115 APWU letter of Support.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 115 |
| 07 HB115 Legal Opinion.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 115 |
| 08 HB115 DoE letter.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 115 |
| 11 HB327-LAW-CRIM-03-08-10.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 327 |
| 01 HB355 Sponsor Statement.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 355 |
| 02 HB355 Bill v. E.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 355 |
| 03 HB355-LAW-CRIM-03-08-10.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 355 |
| 04 HB355 Law Review Article.pdf |
HJUD 3/10/2010 1:00:00 PM |
HB 355 |