02/09/2015 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB35 | |
| Confirmation Hearings: Select Committee on Legislative Ethics | |
| SB30 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 35 | TELECONFERENCED | |
| = | SB 30 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 9, 2015
1:34 p.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator John Coghill, Vice Chair
Senator Mia Costello
Senator Peter Micciche
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 35
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
- HEARD & HELD
Select Committee on Legislative Ethics
Herman G. Walker, Public Member
Dennis "Skip" Cook, Public Member
- CONFIRMATIONS ADVANCED
SENATE BILL NO. 30
"An Act relating to controlled substances; relating to
marijuana; relating to driving motor vehicles when there is an
open marijuana container; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 35
SHORT TITLE: 2015 REVISOR'S BILL
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL
01/30/15 (S) READ THE FIRST TIME - REFERRALS
01/30/15 (S) JUD
02/09/15 (S) JUD AT 1:30 PM BUTROVICH 205
BILL: SB 30
SHORT TITLE: MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
SPONSOR(s): JUDICIARY
01/23/15 (S) READ THE FIRST TIME - REFERRALS
01/23/15 (S) JUD, FIN
01/26/15 (S) JUD AT 1:00 PM BUTROVICH 205
01/26/15 (S) Heard & Held
01/26/15 (S) MINUTE(JUD)
01/28/15 (H) JUD AT 1:00 PM CAPITOL 120
01/28/15 (H) -- Companion Bill --
01/30/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
01/30/15 (S) -- Meeting Postponed to Monday 2/2/2015
02/02/15 (S) JUD AT 1:30 PM BUTROVICH 205
02/02/15 (S) -- Rescheduled from 01/30/15 --
02/05/15 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/05/15 (S) Scheduled but Not Heard
02/06/15 (S) JUD AT 1:30 PM BUTROVICH 205
02/06/15 (S) -- MEETING CANCELED --
02/09/15 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
LISA KIRSCH, Assistant Revisor of Statutes
Legislative Legal and Research Services
Legislative Affairs Agency
POSITION STATEMENT: Presented SB 35.
HERMAN G. WALKER, Public Member
Select Committee on Legislative Ethics
POSITION STATEMENT: Testified as nominee to the Select Committee
on Legislative Ethics.
DENNIS "SKIP" COOK, Public Member
Select Committee on Legislative Ethics
POSITION STATEMENT: Testified as nominee to the Select Committee
on Legislative Ethics.
JEFF PICKETT, Contract Attorney
POSITION STATEMENT: Provided a brief description of the
differences between versions N and I of SB 30.
HILARY MARTIN, Attorney
Legislative Legal and Research Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Legislative drafter of SB 30.
ACTION NARRATIVE
1:34:11 PM
CHAIR LESIL MCGUIRE called the Senate Judiciary Standing
Committee meeting to order at 1:34 p.m. Present at the call to
order were Senators Coghill, Micciche, Wielechowski, and Chair
McGuire. Senator Costello arrived soon thereafter.
SB 35-2015 REVISOR'S BILL
1:36:48 PM
CHAIR MCGUIRE announced the consideration of SB 35. "An Act
making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
1:37:00 PM
LISA KIRSCH, Assistant Revisor of Statutes, Legislative Legal
and Research Services, Legislative Affairs Agency, explained
that the Revisor's Bill is a clean-up bill to correct and remove
deficiencies, conflicts and obsolete provisions. It does not
make substantive changes. A statutory section in Title 1 allows
changes that often are typographical errors, drafting errors, or
citation changes.
MS. KIRSCH stated that SB 35 corrects some citations to federal
law and corrects the format of some court rule citations. In
some places singular has become plural or plural has become
singular to fit the context of the sentence. There are a few
instances that the words "but not limited to" was removed from
the phrase "including but not limited to" because it is included
by implication. Finally, the word "the" was missing in a couple
of places and the word "with" was mistakenly left out. Finally,
there were a few changes in punctuation and word usage.
CHAIR MCGUIRE noted that the bill packets contain a detailed
sectional analysis. She asked if the bill makes any type of
substantive change.
MS. KIRSCH replied Legislative Legal tries very hard to avoid
that, but there can be differences of opinion in the
interpretation of a statute.
SENATOR MICCICHE asked if there is a process if a bill that
passed during a previous legislature is found to be in conflict
with an existing statute.
MS. KIRSCH explained that manifest errors can be corrected in
the Revisor's Bill, but if it requires legislation to correct
the conflict there isn't much the revisor can do to correct
that.
1:42:38 PM
SENATOR COGHILL asked why the sections listed in Section 61 are
being deleted.
MS. KIRSCH explained that all three are definitions that are no
longer used. AS 19.75.980(4) is the definition of "state bond
committee" for the Knik Arm Bridge and Toll Authority (KABATA)
project. The provisions relating to bonding were deleted when
KABATA lost its bonding authority, but the definition in
paragraph (4) was overlooked. Second, the definition of "motor
vehicle salesperson" in AS 45.25.990(14) was overlooked when the
term was edited out of a bill that passed in 2002. Third, AS
46.03.900(31) is a definition for "subdivision" that is no
longer used in that part of the statutes.
SENATOR COGHILL requested an explanation of the effective date
clauses.
MS. KIRSCH advised that a July 1, 2015 effective date for
section 35 is created to allow all changes to the statute
section to take effect on the same date.
1:46:41 PM
CHAIR MCGUIRE asked if any member of the legislature has asked
to include recommendations in the Revisor's Bill.
MS. KIRSCH replied she couldn't say for certain, because she
receives suggestions from a variety of sources and some
initially may have come from a legislator.
CHAIR MCGUIRE clarified that she wants it to be part of the
public record if a legislator making a request or suggestion
about a substantive matter.
MS. KIRSCH advised that she probably could not reveal it if she
was aware that it was an attorney-client communication with a
legislator as a client. In this instance, she was unaware that
any of the changes are a result of written communication from a
legislator.
CHAIR MCGUIRE said she asks because despite best efforts and
good intentions, a Revisor's Bill may sometimes include
something that is more policy directed by an elected official.
That is something the public would want to know about.
SENATOR WIELECHOWSKI referenced pages 3, 19, and 33 and
questioned whether deleting "but not limited to" from the phrase
"including but not limited to" might actually limit the
reference to the specific things listed.
1:50:39 PM
MS. KIRSCH explained that it is in accordance with the statutory
provision in AS 01.10.040(b), which applies throughout Alaska
statutes.
(b) When the words "includes" or "including" are used
in a law, they shall be construed as though followed
by the phrase "but not limited to."
She said that deleting the terms does not change the meaning,
but it is up to the body if that raises concerns.
CHAIR MCGUIRE summarized that it could be included but doing so
would be redundant.
MS. KIRSCH agreed.
SENATOR WIELECHOWSKI requested an explanation of the lengthy
addition in subparagraph (N) on page 7.
MS. KIRSCH replied that is responsive to the previous Section 10
on page 4 that lists the things required to appear in the
Articles of Incorporation, whereas the provisions set out in
Section 11 are permissive. The provision in subparagraph (N) is
removed from the mandatory provisions and added to the optional
provisions in [Sec. 10.06.208].
1:54:18 PM
CHAIR MCGUIRE announced she would hold SB 35 in committee for
further consideration.
^Confirmation Hearings: Select Committee on Legislative Ethics
Confirmation Hearings: Select Committee on Legislative Ethics
1:55:19 PM
CHAIR MCGUIRE announced the next business before the committee
would be confirmation hearings.
She recognized Herman Walker who has been reappointed to serve
on the Select Committee on Legislative Ethics. She asked him to
tell the committee about his length of service and why he wants
to continue.
1:56:23 PM
HERMAN G. WALKER, reappointed Public Member, Select Committee on
Legislative Ethics, said he's served on the committee since 2002
and he thought long and hard about whether he wanted to serve
another term. He ultimately decided that with his institutional
memory and experience he could continue to be of service to the
state in this capacity.
CHAIR MCGUIRE informed the listening public that the executive
director for the Select Committee on Legislative Ethics conducts
annual legislative training for staff and members. She said it's
an honor that the commissioners also attend the sessions and
listen to the questions that are asked. She thanked Mr. Walker
for his service and described his wealth of knowledge as
invaluable to the state.
SENATOR COGHILL expressed appreciation for Mr. Walker's sense of
duty and institutional memory. This is particularly important
this year because the Select Committee on Legislative Ethics has
a new executive director.
CHAIR MCGUIRE noted that a letter was forthcoming on the subject
of redistricting and communication with constituents.
1:58:55 PM
CHAIR MCGUIRE recognized Dennis "Skip" Cook who has been
reappointed to serve on the Select Committee on Legislative
Ethics. She asked him to tell the committee why he wants to
continue to serve on the committee.
1:59:57 PM
DENNIS "SKIP" COOK, reappointed Public Member, Select Committee
on Legislative Ethics, said he has served since 1998 and has
enjoyed the people he's worked with and the challenging issues
that have come before the commission. He appreciates that the
training aspect and the informal advice has transitioned to a
preventative function. He said he agreed to serve another term
primarily to provide continuity as the commission transitions to
a new executive director. It can be a difficult time and
continuity can be helpful, he said.
CHAIR MCGUIRE thanked Mr. Cook for his service and for making
time to take part in the legislative training each year.
2:02:07 PM
SENATOR MICCICHE said he is an alternate on the ethics committee
this year and a legislator came to him after he was approached
by ethics staff about a potential issue. As it turned out the
matter was a non-issue, but it took some time for the ethics
staff to inform the legislator about the nature of the question.
He asked Mr. Cook to comment on the potential gap in the
procedure for contacting legislators while a question is being
evaluated and whether there may be room for improvement in that
process.
MR. COOK apologized and suggested that some of the gaps in
communication stem from the fact that the committee underwent
two transitions after Joyce Anderson retired. Her immediate
successor lasted a very short time and the current executive
director is relatively new to the position. He expressed hope
that there would be no further gaps in communication.
SENATOR MICCICHE said it may be worthwhile to establish a clear
procedure for communicating with legislators when an ethics
question arises.
MR. COOK committed to be watchful.
CHAIR MCGUIRE noted that Jerry Anderson, the new executive
director of the Select Committee on Legislative Ethics, was
online and available to answer question.
At-ease from 2:06:17 p.m. to 2:06:47 p.m.
2:06:47 PM
CHAIR MCGUIRE moved and asked unanimous consent to forward the
names Dennis "Skip" Cook and Herman G. Walker for public members
on the Select Committee on Legislative Ethics to the full body
for consideration. She stated that in accordance with AS
24.60.130, the committee has reviewed the qualifications of the
appointees. She issued the reminder that it does not reflect an
intent of any member to vote for or against the confirmations
during a subsequent session.
SB 30-MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
2:07:49 PM
CHAIR MCGUIRE announced the consideration of SB 30.
2:08:06 PM
JEFF PICKETT, Contract Attorney, informed the committee that he
graduated from the University of Washington Law School in 1996
and has practiced law in Alaska since 1998. He said he looks
forward to assisting the committee.
CHAIR MCGUIRE asked Mr. Pickett to comment on the two versions
of SB 30.
MR. PICKETT explained that the previous draft provided a
[defense] to a charge for conduct that Ballot Measure 2 made
legal. That raised concern among sponsors of the ballot measure
because that structure places the onus on the defendant to
assert a [defense]. The current version I changes the structure
and makes legal the conduct that the initiative addressed.
CHAIR MCGUIRE agreed with the summary and noted that the
previous version was described as being drafted according to the
Napoleonic Code as opposed to Angelo Saxon law. The conduct was
prohibited but a person could mount a defense. The initiative
sponsors said it placed a burden on individual Alaskans that was
not intended. The committee members in both the House and Senate
agreed unanimously there was a problem with that structure. The
current draft allows Alaskans who are age 21 and older to
possess one ounce of marijuana.
She highlighted that the current draft does not change the
marijuana definition. It does retain the references to driving
while impaired and the committee has agreed that it will use the
definition of impaired driving in current Alaska statutes. She
clarified for the watching public that on February 24, 2015 it
will not be legal to buy marijuana because there will be no
licensed establishments from which to buy it. Licensing will be
addressed in a separate piece of legislation.
CHAIR MCGUIRE solicited a motion to adopt the proposed work
draft committee substitute (CS) for SB 30.
2:16:06 PM
SENATOR COSTELLO moved to adopt the work draft CS for SB 30,
labeled 29-LS0231\I.
CHAIR MCGUIRE found no objection and version I was before the
committee.
2:16:31 PM
HILARY MARTIN, Drafting Attorney, Legislative Legal and Research
Services, Legislative Affairs Agency, explained that this draft
removes marijuana, hash, and hash oil from the controlled
substance schedule so marijuana is no longer included anyplace
the term "controlled substance" appears. She suggested that
another important change that members should carefully review is
Section 50, which creates new marijuana crimes.
SENATOR COSTELLO noted that the title of the bill has not
changed.
MS. MARTIN said she looked at the title and believes it is
fairly descriptive. She offered to look at it again if there
were any questions.
SENATOR COSTELLO responded that she raised the point as a matter
of record.
CHAIR MCGUIRE thanked Ms. Martin for her work on the bill and
welcomed Mr. Pickett to the team.
SENATOR COGHILL said that at some point he would like Ms. Martin
or Mr. Pickett to discuss the levels of proof in Section 50.
That is where he would start to review the bill.
CHAIR MCGUIRE said she likes the idea of starting with that
section because that is where marijuana starts to be regulated
like alcohol. She said she would also like the initiative
sponsors to offer their perspective. She asked the members to
think about whether the crimes and penalties are appropriate and
if they see problems arising because marijuana is no longer
classified as a controlled substance.
SENATOR MICCICHE recommended the public review the legislation
because it is a reminder of the conduct a person should not
engage in when consuming either alcohol or marijuana. For
example, it is not legal to move uphill on a tramway while
impaired by alcohol or marijuana; a nursing license may be
denied, suspended, or revoked for a person who habitually uses
alcoholic beverages or marijuana; a pawnbroker may not knowingly
complete a transaction with someone under the influence of
alcohol or marijuana.
2:28:05 PM
CHAIR MCGUIRE said the current draft is an attempt to tell the
public where marijuana use fits in society.
SENATOR MICCICHE commented that the bill appears to meet the
voters' intent to legalize the possession of up to one ounce of
marijuana, but Ravin still governs for securing marijuana. It
has to magically appear until the licensing regulations are
established.
CHAIR MCGUIRE agreed.
SENATOR MICCICHE restated that on February 24 it will be legal
to possess marijuana, but it will still be illegal to purchase
it.
SENATOR WIELECHOWSKI suggested that the committee would benefit
from input from the public about the use of medical marijuana;
giving police officers with probable cause the right to
administer a somewhat invasive test for marijuana; and the
notion of criminalizing children's conduct when the trend has
been rehabilitation and lesser penalties.
2:32:48 PM
SENATOR MICCICHE said he has heard from the public about
establishing better options for youths who use marijuana. He
asked if changes to the alcohol laws could be included in SB 30
or if it would require separate legislation.
SENATOR MCGUIRE replied anything can be put in a bill as long as
it does not violate the single subject rule. However, if there
are political ramifications it may be better in a bill by
itself.
SENATOR COGHILL offered his opinion that adding alcohol to the
title would cause problems. He acknowledged that the minor
consuming issues and the penalties and requirements in Title 4
don't always fit well.
SENATOR MICCICHE suggested it would be a good idea to keep an
eye on the progress of the administration's rewrite of Title 4
to ensure that there is consistency.
CHAIR MCGUIRE announced she would hold SB 30 in committee.
2:35:57 PM
There being no further business to come before the committee,
Chair McGuire adjourned the Senate Judiciary Standing Committee
meeting at 2:35 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 2_9_2015 CS SB30.pdf |
SJUD 2/9/2015 1:30:00 PM |
SB 30 |