02/15/2018 03:15 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB293 | |
| HB224 | |
| HJR21 | |
| HB319 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 293 | TELECONFERENCED | |
| += | HB 224 | TELECONFERENCED | |
| += | HJR 21 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 319 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 15, 2018
3:18 p.m.
MEMBERS PRESENT
Representative Jonathan Kreiss-Tomkins, Chair
Representative Gabrielle LeDoux, Vice Chair
Representative Chris Tuck
Representative Adam Wool
Representative Chris Birch
Representative DeLena Johnson
Representative Gary Knopp
MEMBERS ABSENT
Representative Andy Josephson (alternate)
Representative Chuck Kopp (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 293
"An Act relating to powers of the Alaska Police Standards
Council; and relating to background checks for admission to
police training programs and certification as a police officer."
- MOVED HB 293 OUT OF COMMITTEE
HOUSE BILL NO. 224
"An Act relating to reemployment of persons who retire under the
teachers' retirement system."
- MOVED CSHB 224(STA) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 21
Urging the federal government to respect the authority of the
state to regulate marijuana use, production, and distribution
and to honor previous federal guidance on marijuana policy; and
urging the federal government to reconsider its listing of
marijuana as a schedule I controlled substance.
- MOVED SSHJR 21 OUT OF COMMITTEE
HOUSE BILL NO. 319
"An Act relating to criminal background checks for marijuana
establishment registrations and renewals; and providing for an
effective date."
- MOVED CSHB 319(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 293
SHORT TITLE: BACKGROUND CHECKS FOR POLICE & TRAINING
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/19/18 (H) READ THE FIRST TIME - REFERRALS
01/19/18 (H) STA, JUD
01/30/18 (H) STA AT 3:00 PM GRUENBERG 120
01/30/18 (H) Heard & Held
01/30/18 (H) MINUTE(STA)
02/01/18 (H) STA AT 3:00 PM GRUENBERG 120
02/01/18 (H) Heard & Held
02/01/18 (H) MINUTE(STA)
02/15/18 (H) STA AT 3:15 PM GRUENBERG 120
BILL: HB 224
SHORT TITLE: REEMPLOYMENT OF RETIRED TEACHERS & ADMIN
SPONSOR(s): JOHNSTON
04/10/17 (H) READ THE FIRST TIME - REFERRALS
04/10/17 (H) STA, FIN
04/18/17 (H) STA AT 3:00 PM GRUENBERG 120
04/18/17 (H) Heard & Held
04/18/17 (H) MINUTE(STA)
04/25/17 (H) STA AT 3:00 PM GRUENBERG 120
04/25/17 (H) Heard & Held
04/25/17 (H) MINUTE(STA)
02/08/18 (H) STA AT 3:00 PM GRUENBERG 120
02/08/18 (H) Heard & Held
02/08/18 (H) MINUTE(STA)
02/15/18 (H) STA AT 3:15 PM GRUENBERG 120
BILL: HJR 21
SHORT TITLE: FEDS RESPECT STATE REG OF MARIJUANA
SPONSOR(s): GUTTENBERG
04/16/17 (H) READ THE FIRST TIME - REFERRALS
04/16/17 (H) JUD
05/12/17 (H) STA REPLACES JUD REFERRAL
05/12/17 (H) BILL REPRINTED 5/12/17
05/16/17 (H) STA AT 3:00 PM GRUENBERG 120
05/16/17 (H) -- MEETING CANCELED --
02/05/18 (H) SPONSOR SUBSTITUTE INTRODUCED
02/05/18 (H) READ THE FIRST TIME - REFERRALS
02/05/18 (H) STA
02/13/18 (H) STA AT 3:15 PM GRUENBERG 120
02/13/18 (H) Heard & Held
02/13/18 (H) MINUTE(STA)
02/15/18 (H) STA AT 3:15 PM GRUENBERG 120
BILL: HB 319
SHORT TITLE: RENEW MARIJUANA LICENSE:BACKGROUND CHECKS
SPONSOR(s): JOSEPHSON
01/31/18 (H) READ THE FIRST TIME - REFERRALS
01/31/18 (H) STA, JUD
02/13/18 (H) STA AT 3:15 PM GRUENBERG 120
02/13/18 (H) Heard & Held
02/13/18 (H) MINUTE(STA)
02/15/18 (H) STA AT 3:15 PM GRUENBERG 120
WITNESS REGISTER
ROBERT GRIFFITHS, Executive Director
Alaska Police Standards Council (APSC)
Department of Public Safety (DPS)
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
293.
PETER HOEPFNER
Cordova School Board
Cordova, Alaska
POSITION STATEMENT: Testified in support of HB 224.
SHAWN ARNOLD, Superintendent
Nome Public Schools (NPS)
Nome, Alaska
POSITION STATEMENT: Testified in support of HB 224.
PATRICK MAYER, Superintendent
Wrangell Public Schools
Wrangell, Alaska
POSITION STATEMENT: Testified in support of HB 224.
LIZ REXFORD, Staff
Representative Jennifer Johnston
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the committee substitute (CS) for
HB 224, Version O, on behalf of Representative Johnston, prime
sponsor.
REPRESENTATIVE JENNIFER JOHNSTON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
the committee substitute (CS) for HB 224, Version O, as prime
sponsor.
REPRESENTATIVE DAVID GUTTENBERG
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions during the
hearing on HJR 21, as prime sponsor.
REPRESENTATIVE ANDY JOSEPHSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 319, as
prime sponsor.
MEGAN HOLLAND, Staff
Representative Andy Josephson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
319 on behalf of Representative Josephson, prime sponsor.
ERICA MCCONNEL, Director
Alcohol & Marijuana Control Office (AMCO)
Department of Commerce, Community & Economic Development (DCCED)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
319.
ACTION NARRATIVE
3:18:31 PM
CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:18 p.m.
Representatives Tuck, Wool, Birch, Johnson, Knopp, and Kreiss-
Tomkins were present at the call to order. Representative
LeDoux arrived as the meeting was in progress.
HB 293-BACKGROUND CHECKS FOR POLICE & TRAINING
3:19:27 PM
CHAIR KREISS-TOMKINS announced that the first order of business
would be HOUSE BILL NO. 293, "An Act relating to powers of the
Alaska Police Standards Council; and relating to background
checks for admission to police training programs and
certification as a police officer."
3:20:28 PM
REPRESENTATIVE WOOL asked for the number of village police
officers (VPOs) in Alaska.
3:20:54 PM
ROBERT GRIFFITHS, Executive Director, Alaska Police Standards
Council (APSC), Department of Public Safety (DPS), referred to
his letter dated 1/31/18, included in the committee packet, and
said that there are seven VPOs actively enrolled with APSC, but
APSC is aware that there are many more who are not in compliance
with the regulations.
3:21:37 PM
REPRESENTATIVE KNOPP stated that he is uncomfortable with HB
293. He expressed that he was unclear on the status of VPOs and
what entity employs them. He mentioned there being seven
actively enrolled VPOs and 138 communities that potentially
would be affected. He offered that his concern is that the
state would be engaging in a recruitment program that it cannot
afford.
3:22:47 PM
REPRESENTATIVE WOOL moved to report HB 293 out of committee with
individual recommendations and the accompanying zero fiscal
notes. There being no objection, HB 293 reported from the House
State Affairs Standing Committee.
HB 224-REEMPLOYMENT OF RETIRED TEACHERS & ADMIN
3:23:20 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be HOUSE BILL NO. 224, "An Act relating to reemployment of
persons who retire under the teachers' retirement system."
3:23:45 PM
CHAIR KREISS-TOMKINS opened public testimony on HB 224.
3:24:16 PM
PETER HOEPFNER, Cordova School Board, testified that schools
throughout Alaska have positions that they are unable to fill,
particularly the hard-to-fill teaching positions in special
education and high school mathematics and science. He said that
this is true both in urban and rural Alaska. He stated that the
number of teachers attending the Alaska Teacher Placement (ATP)
Job Fair has dropped dramatically. In 2014, there were 250
candidates; in 2017, there were only 211 candidates with 850-900
open positions, including janitors and nurses.
MR. HOEPFNER relayed that the main reason teachers come to
Alaska is for an "Alaskan experience." Salaries are not high;
there are no retirement benefits; and there is a nationwide
shortage of teachers. He reported that the Texas teacher salary
starts at $56,000 for someone with a bachelor's degree and no
experience. Most Alaska districts cannot offer that level of
pay.
MR. HOEPFNER offered that the proposed legislation is not a
"silver bullet" to filling teacher positions but one more tool
in the toolbox to put a teacher in front of students in every
classroom. He maintained that the proposed amendments -
requiring districts to try to fill positions with [permanent]
teachers and allowing a contract for only one year - are
amenable to school districts. Teachers are contracted currently
for only one year.
MR. HOEPFNER relayed that HB 224 is supported by the Association
of Alaska School Boards (AASB) resolution 4.5, entitled
"Addressing the Teacher, Specialist and Administrator Shortage,"
adopted in 1999 and resolution 4.10, entitled "Urging the State
of Alaska to Reinstate the Retire-Rehire Program," adopted in
2008.
MR. HOEPFNER added that the revised fiscal note for HB 224 shows
minimal [financial] impact to the state.
3:27:08 PM
REPRESENTATIVE TUCK asked whether there is a possibility that
more teachers would choose to come to Alaska, if salaries and
retirement benefits improved.
MR. HOEPFNER responded that the changes in the retirement
system, the salaries, and flat funding for education over the
years has resulted in Alaska being unable to compete with other
states. He mentioned that moving to a rural area can be a
sacrifice for someone. He maintained that improving salaries
and retirement benefits would be one way to increase recruitment
to Alaska.
REPRESENTATIVE TUCK asked about the practice of "pink slipping"
teachers year after year; last year the state budget was not
passed until June 22. He asked how that affected the Cordova
School District (CSD).
MR. HOEPFNER answered that the district hires teachers and pays
to bring them to the community; giving a teacher a pink slip
puts the teacher in a terrible position; and when the teacher
does not know if he/she will have a job in the fall, it takes a
toll on the individual. He said that it is a big issue and that
he appreciates both SB 131 and HB 287 to ensure funding for
schools.
REPRESENTATIVE TUCK asked Mr. Hoepfner whether his district lost
teachers from the pink slip issue alone.
MR. HOEPFNER replied that CSD has not. He said that 82 percent
of its staff are at the top of the pay scale, but there has been
a large turnover of younger teachers. He maintained that the
district tries to hire with long-term sustainability of a
position in mind.
3:30:07 PM
SHAWN ARNOLD, Superintendent, Nome Public Schools (NPS),
testified that he is in strong support of HB 224; it is a tool
that will help school districts at a time when they need help in
attracting effective educators. He offered what he called a
"boots on the ground" perspective: The rural districts struggle
more and more with the fewer applicants for teaching positions;
the proposed legislation would help particularly in filling
specialist positions - special education teachers and
counselors. As an example, NPS had three positions with no
applicants prior to the school year; for a district with only 54
teachers, that had an enormous impact. He stated that two of
the positions - special education teacher and junior high school
counselor - remained unfilled throughout the year.
MR. ARNOLD relayed that Nome is a great community; many
educators stay there after retiring; however, they are unwilling
to return to the school district to provide services, because
doing so might compromise their retirement benefits. He
mentioned that even having them come back part time would help
the district.
MR. ARNOLD asserted that the proposed legislation would not
solve all the problems with the teacher shortage crisis but
would help in the rural areas.
3:33:02 PM
REPRESENTATIVE TUCK asked for the average age of the NPS teacher
workforce.
MR. ARNOLD replied that the average age about four years ago was
about 50; the average tenure of teachers was about 13 years. He
said that there has been a trend towards lower ages and lower
tenures. He relayed that NPS has more teachers under Tier 1 and
Tier 2 of the Teachers' Retirement System (TRS); without an
incentive to stay 20 or 25 years, there is an increasing number
of teachers who stay for a while to get experience then take
their experience to a Lower 48 teaching position. He said that
within a few short years, the average age has decreased to about
40.
REPRESENTATIVE TUCK asked what the reduction in the average
tenure has been?
MR. ARNOLD responded that the average tenure in his district is
now about 10 years. He said that NPS used to have 60 teachers
and now has 54 teachers. He added that teachers used to stay
20-25 years, but now there is more movement and transition among
teachers.
3:35:21 PM
PATRICK MAYER, Superintendent, Wrangell Public Schools,
testified that he is president-elect of the Alaska
Superintendents Association (ASA). He stated that ASA is in
strong support of HB 224; it is a mechanism that would help
school districts at a time when they need immediate help to
attract quality educators. He relayed that he is aware that the
proposed legislation would not solve all the challenges facing
school districts, but it can provide some relief. He said that
HB 224 would allow for the reemployment of retired educators to
help districts fill vacancies; it is a necessary tool to meet
school district personnel needs in both urban and rural
districts.
MR. MAYER relayed that the proposed legislation is vital,
because Alaska has a critical shortage of educators, principals,
and superintendents, and is experiencing high turnover rates.
He stated that the ASA members make hiring decisions in each
district and deal directly with the challenges of a diminished
applicant pool. He said that the [2018] Joint Position
Statements drafted by the Alaska Council of School
Administrators (ACSA), included in the committee packet,
identified retire rehire as its top priority; superintendents
and principals to varying degrees manage to find themselves in
the position of having to provide a near-term hire. He stated
that the flexibility provided by HB 224 would allow options that
benefit students. He asked for support of HB 224.
3:37:36 PM
CHAIR KREISS-TOMKINS closed public testimony on HB 224.
3:37:49 PM
REPRESENTATIVE WOOL moved to adopt the committee substitute (CS)
for HB 224, Version 30-LS0759\O, Wayne, 2/13/18, as the working
document. There being no objection, Version O was before the
committee.
REPRESENTATIVE TUCK objected for the purpose of discussion.
3:38:31 PM
LIZ REXFORD, Staff, Representative Jennifer Johnston, Alaska
State Legislature, on behalf of Representative Johnston, prime
sponsor of HB 224, relayed that under Version 0, three changes
were made to the original version of the proposed legislation.
The first change is that a school district must advertise a
position for ten business days and actively recruit to fill the
position with someone other than a retired teacher, before
considering a retired teacher.
MS. REXFORD stated that the second change was the insertion of
new language on page 2, lines 8-9, which read: "A contract for
reemployment under (a) of this section may not exceed 12
consecutive months."
MS. REXFORD related that a subsection was added on page 2, lines
13-14, which states that the proposed legislation does not apply
to the rehire of a member who is eligible for restoration of
tenure rights under AS 14.20.165. She added that AS 14.20.165
addresses the renewal of tenure for a member who is retired due
to disability but has rehabilitated.
3:39:43 PM
REPRESENTATIVE KNOPP referred to the ten-day advertising period
and pointed out that the proposed legislation stipulates that a
person cannot be hired within 90 days if 62 years of age. He
asked the purpose of the first amendment considering a teacher
must be retired for 90 days prior to rehire. He stated that his
assumption is that the district would have advertised for the
position already.
MS. REXFORD answered that to be considered for rehire, the
member must be retired for a certain number of days or months as
stated in the proposed legislation; the minimum length of time
the position must be advertised is ten days.
3:41:11 PM
REPRESENTATIVE JENNIFER JOHNSTON, Alaska State Legislature,
responded that the change clarifies that the position isn't one
that would go directly to a retired teacher, but that the
district has put due diligence into hiring available teachers.
3:41:35 PM
REPRESENTATIVE TUCK referred to the 2/13/18 memorandum (memo)
from Dan Wayne, Attorney, Legislative Legal and Research
Services, included in the committee packet, regarding a
potential conflict between section 1 of Version O and statute.
The memo read in part as follows [original punctuation
provided]: "To prohibit a reading of subsections (c) and (d) of
the bill's sec. 14.20.136 as limitations on the rehire of a
disabled teacher who has retired under AS 14.25.130 but is
cleared to return to work under AS 14.20.165, we added a new
subsection, (f), to sec. 14.20.136." He said his understanding
is that someone who has been cleared to come back to work may do
so even though he/she has retired. He added that he didn't
understand what constitutes the conflict.
MS. REXFORD answered that she coordinated with Legislative Legal
and Research Services and the Division of Retirement and
Benefits (DRB) to draft the language. She maintained that the
intention is not to prohibit those who are retired and
rehabilitated under a different statute from returning to work
but to allow the rehire of the retired teacher under the
retirement system.
REPRESENTATIVE JOHNSTON relayed that there are two different
statutes addressing two distinctly different rehire situations:
one is for the rehire of retired teachers; the other is for
rehire of disabled teachers who are now [rehabilitated].
REPRESENTATIVE TUCK offered that on page 2, lines 13-14,
subsection (f) has been added to clarify that issue. He relayed
that the memo mentions a possible conflict, and to solve that
conflict, subsection (f) has been added; therefore, the conflict
is resolved.
REPRESENTATIVE JOHNSTON concurred.
REPRESENTATIVE TUCK removed his objection to the motion to adopt
Version O as the working document. There being no further
objection, Version O was before the committee.
3:45:18 PM
REPRESENTATIVE TUCK stated that the proposed legislation is
needed to ensure Alaska has qualified teachers in rural Alaska.
He added that it is unfortunate that the legislature is not
accomplishing this through methods known to work, that have
worked in the past, and work for other states - viable
retirement plans. He maintained, "That's how you lock them in;
that's how you keep them there; that's how they are able to have
lifelong careers with our districts." He expressed that he
worries that Alaska's teacher personnel will become "top-heavy"
again, due to hiring back retirees and not taking the effort to
invest in new people coming into the industry for lifelong
careers. He offered that this is a "band aid" approach, but
possibly necessary because of the state's fiscal situation and
lack of retirement benefits.
REPRESENTATIVE TUCK relayed that the state relies on teachers'
passion to teach more than on offering greater compensation. He
expressed that it is alarming that in Texas, one can start out
with only a bachelor's degree and no experience and begin
teaching with a salary of $56,000. In Alaska, one needs a
master's degree to teach. He maintained that Alaska is not
honoring that teacher, who has worked so hard to obtain the
degree and is sometimes put into difficult working and living
conditions in rural Alaska. Alaska is not getting a return on
its investment when after a few years of gaining experience, the
teacher decides to move out of state to raise a family, because
there are no defined retirement benefits or social security
benefits upon retiring. He said, "That's really unfortunate."
3:47:42 PM
REPRESENTATIVE KNOPP said that he agrees; it is a band aid
approach, but a good one; it fills the gap temporarily. He
mentioned previous testimony [2/8/18 House State Affairs
Standing Committee meeting] pointing out that the ATP Job Fair
has not drawn the number of teacher candidates as in the past.
He stated that the proposed legislation is a "good fix." He
offered that there are numerous reasons why teachers don't stay;
benefit packet and pay may be part of the retention problem. He
said that of the salary studies that he has reviewed, Alaska
does not compare poorly with the rest of the country; it is not
in the bottom 50th percentile, but closer to the top - 10-20th
percentile. He conceded that the conditions in Alaska are
substantially different [than in the Lower 48]. He recalled
that there used to be a loan forgiveness program, and he
expressed his belief that the school districts and state
agencies will eventually address recruitment and retention in
one form or another.
3:49:21 PM
REPRESENTATIVE WOOL said that he agrees that the proposed
legislation offers a temporary fix. He added that fortunately
we have many good teachers who are retiring that Alaska may want
to keep awhile longer. He stated that he learned about a friend
of his in Fairbanks, who had been teaching in the public school
for quite some time, moving to Las Vegas to teach, because the
job offer was too good to turn down. He offered that salary is
important and benefits are important. He stated that Alaska may
not rank at the bottom of all the states in pay but ranks at the
top for cost of living (COL). He said, "We have to start
recognizing that." He added that University of Alaska (UA) is
working hard to graduate more teachers and place quality
teachers in all parts of Alaska. He maintained that Alaska
needs to examine its entire educational system - kindergarten
(K) through 12 and through the university; value it; and support
it to keep it working.
3:50:54 PM
CHAIR KREISS-TOMKINS stated that he agrees with comments
expressed. He mentioned that the president of the UA Board of
Regents has made this issue a priority, which might help "get to
the root of the problem."
3:51:16 PM
REPRESENTATIVE LEDOUX moved to report CS for HB 224, Version 30-
LS0759\O, Wayne, 2/13/18, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CDHB 224(STA) was reported from the House State
Affairs Standing Committee.
HJR 21-FEDS RESPECT STATE REG OF MARIJUANA
3:51:41 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 21,
Urging the federal government to respect the authority of the
state to regulate marijuana use, production, and distribution
and to honor previous federal guidance on marijuana policy; and
urging the federal government to reconsider its listing of
marijuana as a schedule I controlled substance.
3:52:03 PM
REPRESENTATIVE DAVID GUTTENBERG, Alaska State Legislature, as
prime sponsor of HJR 21, testified that the original version of
the proposed resolution simply asked the U.S. attorney general
to honor the commitments of the Cole [Memorandum (Memo)] written
under the previous administration [by U.S. Deputy Attorney
General James M. Cole, U.S. Department of Justice (DOJ) on
8/29/13], which Alaska's statutes and policies support. He
stated that the current attorney general has "backed off" on
that commitment. The sponsor substitute (SS) for HJR 21,
[labeled Version 30-LS0820\D and referred to as Version D],
would request that the federal government support the previous
policy and not undermine the wishes of the people of Alaska and
the work that has been done in Alaska. He referred to copies of
letters from 13 U.S. senators and many [state] governors and
attorney generals, included in the committee packet, expressing
concern on this issue. He mentioned that there are several
related issues and one is states' rights; the people of Alaska
have voted; and the [Alaska Supreme Court] decision of 1975,
Ravin v. State, has been in place for many years. He maintained
that it is appropriate for Alaska to stand up for the wishes of
its residents.
3:54:15 PM
REPRESENTATIVE WOOL asked if the current version of the
resolution, instead of asking the federal government to honor
the Cole Memo, urges it to reconsider its listing of marijuana
as a schedule I controlled substance.
REPRESENTATIVE GUTTENBERG explained that the language urging
reconsideration of the listing of marijuana was added under
Version D; however, the basic premise of the remainder of the
resolution is to honor the tenants of the Cole Memo, which read
in part as follows:
• Preventing the distribution of marijuana to minors;
• Preventing revenue from the sale of marijuana from
going to criminal enterprises, gangs, and cartels;
• Preventing the diversion of marijuana from states
where it is legal under state law in some form to
other states;
• Preventing state-authorized marijuana activity from
being used as a cover or pretext for the trafficking
of other illegal drugs or other illegal activity;
REPRESENTATIVE GUTTENBERG referred to a newspaper article
reporting that someone's business license had been revoked; the
Cole Memo states that if a state honors and enforces the named
tenants, then the federal government will not interfere with the
state's policies. He relayed that the [Alaska] Marijuana
Control Board explained that the reason it took this action
against the business owner was because of these tenants. The
public was surveyed about the changes they wanted to see, and
they requested that the listing of marijuana as a schedule I
controlled substance be changed. He maintained that the listing
has hindered research on marijuana; it was a political decision
that was wrong; and it has resulted in many unintended
consequences over the years.
3:56:55 PM
REPRESENTATIVE LEDOUX asked whether the section regarding
marijuana as a schedule I controlled substance is new under
Version D.
REPRESENTATIVE GUTTENBERG replied yes.
REPRESENTATIVE LEDOUX asked to know what else is different under
Version D.
REPRESENTATIVE GUTTENBERG answered that it refers to the letters
from the governors, Alaska U.S. Senator Lisa Murkowski, and
Alaska U.S. Representative Don Young; and it supports the intent
of the original version of the resolution.
CHAIR KREISS-TOMKINS clarified that the mention of the letters
is included in the paragraphs on page 2, line 21 to page 3, line
21.
REPRESENTATIVE GUTTENBERG confirmed that the paragraphs on page
2, lines 1-15, reflect language from the Cole Memo; the
paragraph on page 2, lines 16-20, contains a comment from the
American Medical Association (AMA), which is neutral regarding
the issue but does support research; and the paragraphs included
on page 2, lines 21-31 references Alaska's attorney general. He
explained that there are two issues for Alaska's attorney
general: one is the Cole Memo and the other is banking. He
maintained that a business owner not being able to use a bank
enhances all the crime and diversion of money activities listed
in the Cole Memo.
REPRESENTATIVE LEDOUX asked how marijuana not being a schedule I
controlled substance would affect the priorities of DOJ listed
in the Cole Memo and the ability to enforce them.
3:59:52 PM
REPRESENTATIVE GUTTENBERG responded that the proposed resolution
asks the federal government to reconsider marijuana's listing as
a schedule I controlled substance. He stated that Alaska's
statutes and regulations conform to the Cole Memo. He opined
that if marijuana is removed from the list, there would be more
research, banking for the marijuana industry would be enabled,
and other states would consider [legalization of marijuana]. He
relayed that Alaska is unique in its issues regarding
transportation of marijuana, which involves boat or air
transport or transporting through Canada. He maintained that
relisting marijuana would allow "a more rational dialogue to
happen about what marijuana is and its effect" and would allow
for research. He relayed that under the schedule I listing,
marijuana research is very limited, including medical research.
REPRESENTATIVE LEDOUX asked why research couldn't be done in
Alaska. She stated that she was very comfortable with the
federal government not interfering with Alaska's marijuana
industry and not overreaching. She mentioned that she has lost
that level of comfort.
REPRESENTATIVE GUTTENBERG asked, "Who would do the research?"
He answered that question by saying that the University of
Alaska (UA) can't do the research, because it gets federal
funds. He maintained that there is not a laboratory in Alaska
that could do the research, because it would require an
expansive facility. He relayed that with marijuana as a
schedule I controlled substance, no one in the industry can use
the banking system.
4:03:21 PM
REPRESENTATIVE LEDOUX expressed her understanding that there are
bills in Congress to allow banking and possibly research. She
stated that banking and research appear to be the two main
issues; she is not aware of other ramifications of removing
marijuana from schedule I. She opined that the resolution
asking the federal government to "leave us alone" has become
overly broad.
REPRESENTATIVE GUTTENBERG replied that federal bills are just
like state bills in that they need a signature to be enacted -
the U.S. President's signature for a federal bill and the
governor's signature for a state bill. He stated that
classifying marijuana with heroin and cocaine has been part of
the problem for 70 years. He maintained that doing so was a
political decision and not a medical or scientific decision;
there is no basis for it to be listed with schedule I controlled
substances. The legislature cannot take marijuana off the
schedule I list; it must be a congressional action. He offered
that he is not sure the U.S. Food and Drug Administration (FDA)
or another federal agency could do it; it must be done by
Congress or the U.S. President. He asserted that the resolution
only asks that the federal government reconsider the listing.
4:05:52 PM
REPRESENTATIVE WOOL pointed out that cocaine and
methamphetamines are schedule II substances; therefore, are
determined by the federal government to be less dangerous than
marijuana. He opined that the controlled substance listings are
"out of step with today's world," and marijuana being a schedule
I controlled substance has been a topic of conversation for
decades. He expressed that he doesn't know what will enact
change; probably not a resolution, but it would make a
statement.
4:07:05 PM
REPRESENTATIVE WOOL moved to report the SSHJR 21, Version 30-
LS0820\D, out of committee with individual recommendations and
the accompanying zero fiscal note. There being no objection,
SSHJR 21 was reported from the House State Affairs Standing
Committee.
HB 319-RENEW MARIJUANA LICENSE:BACKGROUND CHECKS
4:07:31 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be HOUSE BILL NO. 319, "An Act relating to criminal
background checks for marijuana establishment registrations and
renewals; and providing for an effective date."
4:08:02 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, as
prime sponsor of HB 319, stated that the proposed legislation is
well founded because submitting fingerprints every year for
background checks is unnecessary; the Department of Public
Safety (DPS) would become aware through the Alaska Public Safety
Information Network (APSIN) or another means of the need for
further scrutiny regarding a marijuana establishment. He
relayed that HB 319 would require fingerprinting every three
years; and there is a forthcoming amendment to expand that
period, which he supports.
4:08:52 PM
REPRESENTATIVE WOOL moved to adopt Amendment 1, labeled 30-
LS1334\A.1, Martin, 2/15/18, which read:
Page 1, line 14:
Delete "three"
Insert "six"
REPRESENTATIVE TUCK objected for the purpose of discussion.
4:09:14 PM
REPRESENTATIVE WOOL explained that the statute currently
requires it to occur annually; HB 319 would require it every
three years; and the proposed amendment would change the
requirement for fingerprinting to every six years. He stated
that the only other license requiring recurring fingerprinting
is massage therapy at three years, which has been discussed in
House Labor and Commerce Standing Committee and will most likely
be changed, because it constitutes a burden on the industry. He
relayed that someone holding a liquor license is fingerprinted
for a background check as a new owner; it is required when there
is a change of ownership; however, it is only performed once for
each owner. He conceded that the marijuana industry is new, and
people are nervous about its legality and criminal involvement.
He expressed his belief that people who are entering legitimate
businesses, following all the regulation and licensure
requirements, and investing hundreds of thousands of dollars
would not want to jeopardize that investment by committing a
crime; therefore, every six years should be sufficient. He
offered that background checks can be done within the state;
however, to determine if a federal crime or a crime in another
state has been committed, a Federal Bureau of Investigation
(FBI) check with fingerprints would be necessary. He opined
that a fingerprint background check every six years is
sufficient.
REPRESENTATIVE KNOPP asked whether every employee in the
marijuana industry must have a certification like the Techniques
of Alcohol Management (TAM) card in the alcohol industry and if
so, the renewal frequency. He also asked whether the workers
are required to submit fingerprints for a background check and
the frequency for fingerprinting.
4:12:43 PM
MEGAN HOLLAND, Staff, Representative Andy Josephson, Alaska
State Legislature, on behalf of Representative Josephson, prime
sponsor of HB 319, responded that the proposed legislation
addresses a registration for a marijuana establishment,
therefore, is not related to a worker certification card.
4:13:10 PM
ERICA MCCONNEL, Director, Alcohol & Marijuana Control Office
(AMCO), Department of Commerce, Community & Economic Development
(DCCED), stated that all employees in the marijuana industry are
required to obtain a Marijuana Handler Permit which lasts three
years; currently no background checks are required for the
employees. She said that the Alcoholic Beverage Control (ABC)
Board has recently adopted a regulation change that will soon
require a State of Alaska background check for employees, but
not a full national criminal background check.
REPRESENTATIVE TUCK removed his objection to the motion to adopt
Amendment 1. There being no further objection, it was so
ordered.
4:14:30 PM
REPRESENTATIVE LEDOUX stated that she supports the amendment and
HB 319.
REPRESENTATIVE WOOL agreed. He stated that hopefully with these
beginning industries, people will respect them and not treat
them like "they have one foot in the criminal world."
REPRESENTATIVE KNOPP added his support.
REPRESENTATIVE TUCK also added his support.
4:15:28 PM
REPRESENTATIVE LEDOUX moved to report HB 319, as amended, out of
committee with individual recommendations and the accompanying
zero fiscal note. There being no objection, CSHB 319(STA) was
reported from the House State Affairs Standing Committee.
4:16:07 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 4:16
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB293 Sponsor Statement- Introductory Letter Representative Kreiss-Tomkins 01.26.2018.pdf |
HSTA 1/30/2018 3:00:00 PM HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
| HB293 Sectional Analysis version A 1.19.2018.pdf |
HSTA 1/30/2018 3:00:00 PM HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
| HB293 ver A 01.19.18.PDF |
HSTA 1/30/2018 3:00:00 PM HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
| HB293 Fiscal Note-DPS-APSC-01-19-18.pdf |
HSTA 1/30/2018 3:00:00 PM HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
| HB293 Fiscal Note DOC.pdf |
HSTA 2/15/2018 3:15:00 PM |
HB 293 |
| HB293 Supporting Document- Transmittal Letter Speaker Edgmon - Background Checks 01.17.18.pdf |
HSTA 1/30/2018 3:00:00 PM HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
| HB293 Supporting Document Alaska Municipal League 01.31.18.PDF |
HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
| HB293 HSA Additional Document Questions Representative Kreiss-Tomkins 01.31.18.pdf |
HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
| HB224 Sponsor Statement 2.7.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HB224 Sectional Analysis Ver O 2.14.18.pdf |
HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HB224 ver O 2.13.18.pdf |
HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HB224 Fiscal Note 2.02.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HB224 Summary of Changes ver O 2.14.18.pdf |
HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HB224 Supporting Document - List of School Districts Providing Letters of Support 2.07.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HB224 Supporting Document- Letters of Support 2.07.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HB224 Supporting Document- Vacant Position Listings 2.07.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HB224 Supporting Document-Cost of Teacher Turnover 2.07.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HB224 Supporting Document JPS State Issues 2018 2.07.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HB224 Supporting Document - Resolution Submitted by AASB 2.08.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 SB 2 |
| HB224 Supporting Document- Letter from North Slope Borough School District 2.08.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HB224 Supporting Document Letter from Craig City School District 2.08.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HB224 Supporting Document Letter from Anchorage School District 2.08.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HB224 Additional Document- Legal Memo 2.13.18.pdf |
HSTA 2/15/2018 3:15:00 PM |
HB 224 |
| HJR21-Sponsor Statement 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
| HJR21 ver D 2.05.18.PDF |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
| HJR21 Fiscal Note-LEG-SESS-02-09-18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
| HJR21 Supporting Documents - Letters of Support 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
| HJR21- Additional Document- Sessions Memo 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
| HJR21- Additional Document- Walker Letter to Sessions 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
| HJR21- Additional Document-Governor's Letter to Attorney General 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
| HJR21 Additional Documents - FinCen on Marijuana Regulation Department of Treasury 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
| HJR21 Additional Documents - Murkowski and Warren Letter to Sessions 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
| HB319 Sponsor Statement 2.6.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |
| HB319 Ver. A 2.6.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |
| HB319 Fiscal Note DCCED 2.9.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |
| HB319 Fiscal Note DPS 2.9.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |
| HB319 Supporting Document - AMIA Letter of Support 2.9.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |
| HB319 Supporting Document - Marijuana Control Board Minutes 2.8.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |
| HB319 Supporting Document - NCSL Report 2.8.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |