Legislature(2005 - 2006)BUTROVICH 205

04/23/2005 04:00 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Rescheduled from 04/22/05 --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 74 CRIMES INVOLVING MARIJUANA/OTHER DRUGS TELECONFERENCED
Heard & Held
+= SB 125 LICENSING MEDICAL OR CARE FACILITIES TELECONFERENCED
Heard & Held
+= HB 85 PRESCRIBED MEDICATION FOR STUDENTS TELECONFERENCED
Moved SCS CSHB 85(JUD) Out of Committee
+= HB 88 CRIM LAW:MINORS, SCHOOLS, DRUGS,SENTENCES TELECONFERENCED
Moved SCS CSHB 88(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 23, 2005                                                                                         
                           4:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 88(RLS)                                                                                                   
"An Act  relating to certain  weapons offenses  involving minors;                                                               
relating to  the definition of  'recreation or youth  center' for                                                               
purposes  of  misconduct  involving a  controlled  substance;  to                                                               
aggravating factors in sentencing  for certain offenses committed                                                               
on school grounds, on a  school bus, at a school-sponsored event,                                                               
or in administrative offices of  a school district; to mitigating                                                               
factors   in  sentencing   for   a   defendant's  assistance   to                                                               
authorities to detect, apprehend,  or prosecute other persons who                                                               
committed an offense; and providing for an effective date."                                                                     
                                                                                                                                
     MOVED SCS CSHB 88(JUD) OUT OF COMMITTEE                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 85(JUD)                                                                                                   
"An  Act relating  to  self-administration  and documentation  of                                                               
certain  types  of medication  prescribed  to  a child  attending                                                               
school."                                                                                                                        
                                                                                                                                
     MOVED SCS CSHB 85(JUD) OUT OF COMMITTEE                                                                                    
                                                                                                                                
SENATE BILL NO. 125                                                                                                             
"An Act  relating to the licensing,  regulation, enforcement, and                                                               
appeal  rights of  ambulatory surgical  centers, assisted  living                                                               
homes, child  care facilities,  child placement  agencies, foster                                                               
homes,  free-standing   birth  centers,  home   health  agencies,                                                               
hospices  or  agencies  providing  hospice  services,  hospitals,                                                               
intermediate   care  facilities   for   the  mentally   retarded,                                                               
maternity  homes,  nursing  facilities,  residential  child  care                                                               
facilities, residential psychiatric  treatment centers, and rural                                                               
health clinics; relating to criminal  history requirements, and a                                                               
registry, regarding certain  licenses, certifications, approvals,                                                               
and  authorizations  by  the  Department  of  Health  and  Social                                                               
Services;  making conforming  amendments;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 74                                                                                                              
"An   Act  making   findings  relating   to  marijuana   use  and                                                               
possession;  relating to  marijuana  and  misconduct involving  a                                                               
controlled substance; and providing an effective date."                                                                         
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 88                                                                                                                   
SHORT TITLE: CRIM LAW: MINORS, SCHOOLS, DRUGS,SENTENCES                                                                         
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/19/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/05       (H)       JUD, FIN                                                                                               
01/26/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/26/05       (H)       -- Meeting Canceled --                                                                                 
02/02/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/02/05       (H)       <Bill Hearing Postponed to Fri. 2/4/05>                                                                
02/04/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/04/05       (H)       -- Rescheduled from Wed. 2/2/05 --                                                                     
02/07/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/07/05       (H)       Heard & Held                                                                                           
02/07/05       (H)       MINUTE(JUD)                                                                                            
02/16/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/16/05       (H)       Moved CSHB 88(JUD) Out of Committee                                                                    
02/16/05       (H)       MINUTE(JUD)                                                                                            
02/18/05       (H)       JUD RPT CS(JUD) NT 1DP 6NR                                                                             
02/18/05       (H)       DP: GRUENBERG;                                                                                         
02/18/05       (H)       NR: ANDERSON, KOTT, COGHILL, DAHLSTROM,                                                                
                         GARA, MCGUIRE                                                                                          
03/16/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/16/05       (H)       Bill Postponed To 3/17/05                                                                              
03/17/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/17/05       (H)       Heard & Held                                                                                           
03/17/05       (H)       MINUTE(FIN)                                                                                            
03/21/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/21/05       (H)       Moved CSHB 88(FIN) Out of Committee                                                                    
03/21/05       (H)       MINUTE(FIN)                                                                                            
03/22/05       (H)       FIN RPT CS(FIN) NT 8NR                                                                                 
03/22/05       (H)       NR: HAWKER, WEYHRAUCH, JOULE, MOSES,                                                                   
                         HOLM, KELLY, CROFT, STOLTZE                                                                            
03/31/05       (H)       RLS AT 9:00 AM FAHRENKAMP 203                                                                          
03/31/05       (H)       Moved CSHB 88(RLS) Out of Committee                                                                    
03/31/05       (H)       MINUTE(RLS)                                                                                            
04/01/05       (H)       RLS RPT CS(RLS) NT 5DP 1NR                                                                             
04/01/05       (H)       DP: HARRIS, COGHILL, MCGUIRE, KOHRING,                                                                 
                         ROKEBERG;                                                                                              
04/01/05       (H)       NR: BERKOWITZ                                                                                          
04/01/05       (H)       RETURNED TO RLS COMMITTEE                                                                              
04/08/05       (H)       TRANSMITTED TO (S)                                                                                     
04/08/05       (H)       VERSION: CSHB 88(RLS)                                                                                  
04/11/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/05       (S)       JUD, FIN                                                                                               
04/22/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/22/05       (S)       Heard & Held                                                                                           
04/22/05       (S)       MINUTE(JUD)                                                                                            
04/23/05       (S)       JUD AT 4:00 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 85                                                                                                                   
SHORT TITLE: PRESCRIBED MEDICATION FOR STUDENTS                                                                                 
SPONSOR(s): REPRESENTATIVE(s) MEYER                                                                                             
                                                                                                                                
01/19/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/05       (H)       HES, JUD                                                                                               
02/15/05       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
02/15/05       (H)       Moved CSHB 85(HES) Out of Committee                                                                    
02/15/05       (H)       MINUTE(HES)                                                                                            
02/18/05       (H)       HES RPT CS(HES) 6DP                                                                                    
02/18/05       (H)       DP: CISSNA, GARDNER, ANDERSON, MCGUIRE,                                                                
                         SEATON, WILSON                                                                                         
02/18/05       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/07/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/07/05       (H)       Moved CSHB 85(JUD) Out of Committee                                                                    
03/07/05       (H)       MINUTE(JUD)                                                                                            
03/09/05       (H)       JUD RPT CS(JUD) 5DP                                                                                    
03/09/05       (H)       DP:   GRUENBERG,   DAHLSTROM,   COGHILL,                                                               
                         GARA, MCGUIRE                                                                                          
03/09/05       (H)       FIN REFERRAL WAIVED                                                                                    
03/15/05       (H)       TRANSMITTED TO (S)                                                                                     
03/15/05       (H)       VERSION: CSHB 85(JUD)                                                                                  
03/16/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/16/05       (S)       HES, JUD                                                                                               
04/04/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/04/05       (S)       Moved CSHB 85(JUD) Out of Committee                                                                    
04/04/05       (S)       MINUTE(HES)                                                                                            
04/05/05       (S)       HES RPT 4DP 1NR                                                                                        
04/05/05       (S)       DP: DYSON, GREEN, WILKEN, OLSON                                                                        
04/05/05       (S)       NR: ELTON                                                                                              
04/22/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/22/05       (S)       Heard & Held                                                                                           
04/22/05       (S)       MINUTE(JUD)                                                                                            
04/23/05       (S)       JUD AT 4:00 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 125                                                                                                                  
SHORT TITLE: LICENSING MEDICAL OR CARE FACILITIES                                                                               
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/02/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/02/05       (S)       HES, JUD, FIN                                                                                          
03/14/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
03/14/05       (S)       Heard & Held                                                                                           
03/14/05       (S)       MINUTE(HES)                                                                                            
04/06/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/06/05       (S)       Heard & Held                                                                                           
04/06/05       (S)       MINUTE(HES)                                                                                            
04/13/05       (S)       HES AT 2:00 PM BUTROVICH 205                                                                           
04/13/05       (S)       Moved CSSB 125(HES) Out of Committee                                                                   
04/13/05       (S)       MINUTE(HES)                                                                                            
04/14/05       (S)       HES RPT CS 3DP 2NR NEW TITLE                                                                           
04/14/05       (S)       DP: DYSON, WILKEN, GREEN                                                                               
04/14/05       (S)       NR: ELTON, OLSON                                                                                       
04/20/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/20/05       (S)       Heard & Held                                                                                           
04/20/05       (S)       MINUTE(JUD)                                                                                            
04/23/05       (S)       JUD AT 4:00 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 74                                                                                                                   
SHORT TITLE: CRIMES INVOLVING MARIJUANA/OTHER DRUGS                                                                             
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/21/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/05       (S)       HES, JUD, FIN                                                                                          
03/21/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
03/21/05       (S)       Heard & Held                                                                                           
03/21/05       (S)       MINUTE(HES)                                                                                            
03/23/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
03/23/05       (S)       Heard & Held                                                                                           
03/23/05       (S)       MINUTE(HES)                                                                                            
04/01/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/01/05       (S)       Moved SB 74 Out of Committee                                                                           
04/01/05       (S)       MINUTE(HES)                                                                                            
04/04/05       (S)       HES RPT 2DP 1DNP 1NR                                                                                   
04/04/05       (S)       DP: DYSON, WILKEN                                                                                      
04/04/05       (S)       DNP: ELTON                                                                                             
04/04/05       (S)       NR: OLSON                                                                                              
04/11/05       (S)       JUD AT 8:00 AM BUTROVICH 205                                                                           
04/11/05       (S)       Heard & Held                                                                                           
04/11/05       (S)       MINUTE(JUD)                                                                                            
04/19/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/19/05       (S)       Scheduled But Not Heard                                                                                
04/20/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/20/05       (S)       Heard & Held                                                                                           
04/20/05       (S)       MINUTE(JUD)                                                                                            
04/23/05       (S)       JUD AT 4:00 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Dean Guaneli                                                                                                                
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Commented on SB 74                                                                                       
                                                                                                                                
Ms. Stacey Kraly, Senior Assistant Attorney General                                                                             
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Commented on SB 125                                                                                      
                                                                                                                                
Dr. Richard Mandsager                                                                                                           
Department of Health & Social Services                                                                                          
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT:  Commented on SB 125                                                                                      
                                                                                                                                
Mr. Michael Pawlowski                                                                                                           
Staff to Representative Meyer                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Commented on SB 85                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 4:06:41 PM.  Present were Senators                                                             
Hollis French,  Charlie Huggins,  Gretchen Guess and  Chair Ralph                                                               
Seekins.                                                                                                                        
                                                                                                                                
    CSHB 88(RLS)-CRIM LAW: MINORS, SCHOOLS, DRUGS, SENTENCES                                                                
                                                                                                                                
4:06:41 PM                                                                                                                    
CHAIR RALPH SEEKINS announced HB 88 to be up for consideration.                                                                 
                                                                                                                                
CHAIR  SEEKINS  moved SCS  CSHB  88  Version  \S as  the  working                                                               
document. Hearing no objections, the motion carried.                                                                            
                                                                                                                                
4:10:19 PM                                                                                                                    
CHAIR  SEEKINS   announced  SCS   CSHB  88  open   for  committee                                                               
discussion.                                                                                                                     
                                                                                                                                
SENATOR  GRETCHEN  GUESS  reminded  Chair  Seekins  that  Senator                                                               
Therriault had concerns over Section 1.                                                                                         
                                                                                                                                
CHAIR SEEKINS recalled the concern was over licensing.                                                                          
                                                                                                                                
Senator Gene Therriault joined the committee.                                                                                   
                                                                                                                                
SENATOR  THERRIAULT   said  limiting  where  the   entities  were                                                               
licensed satisfied his concern.                                                                                                 
                                                                                                                                
SENATOR  CHARLIE HUGGINS  moved SCS  CSHB 88(JUD)  from committee                                                               
with  individual  recommendations  and attached  fiscal  note(s).                                                               
There being no objection, the motion carried.                                                                                   
                                                                                                                                
CHAIR SEEKINS announced a brief recess at 4:11:59 PM.                                                                         
                                                                                                                                
        CSHB 85(JUD)-PRESCRIBED MEDICATION FOR STUDENTS                                                                     
                                                                                                                                
4:13:12 PM                                                                                                                    
CHAIR RALPH  SEEKINS announced HB  85 to be up  for consideration                                                               
and  then he  moved SCS  CSHB  85 Version  \I to  be the  working                                                               
document. Hearing no objections, the motion carried.                                                                            
                                                                                                                                
4:14:18 PM                                                                                                                    
MR. MICHAEL  PAWLOWSKI, staff to Representative  Meyer offered to                                                               
answer questions.                                                                                                               
                                                                                                                                
The Senate  Standing Judiciary  Committee reviewed  the committee                                                               
substitute (CS).                                                                                                                
                                                                                                                                
4:15:40 PM                                                                                                                    
SENATOR HOLLIS  FRENCH moved  Amendment 1,  which would  take the                                                               
words, "for  the pupil" from  line 11  and insert them  after the                                                               
word,  "plan"  on  line  10. Hearing  no  objection,  the  motion                                                               
carried.                                                                                                                        
                                                                                                                                
CHAIR SEEKINS  asked whether the  sponsor had a chance  to review                                                               
the CS.                                                                                                                         
                                                                                                                                
MR.   PAWLOWSKI  answered   yes   and   informed  the   committee                                                               
legislative  legal  kept  the  word   "public"  in  reference  to                                                               
schools. A title change was not needed.                                                                                         
                                                                                                                                
SENATOR THERRIAULT  reminded the  committee the change  "to carry                                                               
and to store" was not in the CS as previously discussed.                                                                        
                                                                                                                                
MR.  PAWLOWSKI advised  it  was  his error  not  to include  that                                                               
change.                                                                                                                         
                                                                                                                                
SENATOR THERRIAULT  moved Amendment 2. Hearing  no objection, the                                                               
motion carried.                                                                                                                 
                                                                                                                                
SENATOR  HUGGINS  moved  SCS CSHB  85(JUD)  from  committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                
4:20:02 PM                                                                                                                    
                                                                                                                                
          SB 74-CRIMES INVOLVING MARIJUANA/OTHER DRUGS                                                                      
                                                                                                                                
4:21:27 PM                                                                                                                    
                                                                                                                                
CHAIR RALPH SEEKINS announced SB 74 to be up for consideration.                                                                 
                                                                                                                                
MR. DEAN  GUANELI, chief  assistant attorney  general, Department                                                               
of  Law (DOL)  advised the  committee the  DOL submitted  revised                                                               
findings, which may not have been adopted.                                                                                      
                                                                                                                                
CHAIR SEEKINS advised him the findings were under consideration.                                                                
                                                                                                                                
MR. GUANELI summarized  the findings, which were  revised to more                                                               
accurately reflect the  evidence presented. There are  a total of                                                               
nine  findings. The  lead-in finding  says based  on the  type of                                                               
marijuana today  and its effect  on young people,  Alaska Natives                                                               
and those undergoing  alcohol treatment, there is  a threat posed                                                               
to   the  public   health  and   welfare,  which   justifies  its                                                               
prohibition. The  Legislature has  a duty  to promote  the public                                                               
health and  welfare set out in  Article 7 Section 4  of the state                                                               
constitution.                                                                                                                   
                                                                                                                                
The next  finding reflects the  fact that marijuana  has changed.                                                               
The potency  is much  higher and  the price  is much  higher. The                                                               
increase in potency has added to  the cost of treatment for young                                                               
people.                                                                                                                         
                                                                                                                                
4:23:45 PM                                                                                                                    
MR.  GUANELI  stated  several  hundred  Alaskans  each  year  are                                                               
seeking treatment  for marijuana  abuse. The third  finding talks                                                               
about the potential for dependency.                                                                                             
                                                                                                                                
4:26:28 PM                                                                                                                    
The fourth finding talks about  early exposure to a young person,                                                               
which increases  the likelihood  they will go  on to  more potent                                                               
illegal drugs.  The fifth finding  refers to the  high percentage                                                               
of  people  in  treatment.  The sixth  finding  talks  about  the                                                               
physical dangers of marijuana.                                                                                                  
                                                                                                                                
4:28:39 PM                                                                                                                    
The seventh  finding talks  about the  high percentage  of people                                                               
arrested who have  marijuana in their system.  The eighth finding                                                               
talks about  how children of  parents who use marijuana  are five                                                               
times more likely to become marijuana users.                                                                                    
                                                                                                                                
4:31:19 PM                                                                                                                    
The  ninth finding  talks about  the two  court of  appeals cases                                                               
that have happened in the past two years.                                                                                       
                                                                                                                                
4:32:17 PM                                                                                                                    
SENATOR THERRIAULT  asked the amount  of marijuana  cigarettes in                                                               
four ounces.                                                                                                                    
                                                                                                                                
MR. GUANELI answered  one cigarette is equal  to one-quarter gram                                                               
and  so there  are 400  cigarettes in  four ounces  of marijuana.                                                               
Because the potency degrades over  time, one would have to either                                                               
use a lot of it quickly or give it away or sell it.                                                                             
                                                                                                                                
4:33:20 PM                                                                                                                    
SENATOR  THERRIAULT moved  the findings  be amended  to CSSB  74.                                                               
Hearing no objections, Amendment 1 passed.                                                                                      
                                                                                                                                
SENATOR FRENCH moved Amendment 2 as a committee substitute (CS).                                                                
                                                                                                                                
                      A M E N D M E N T 2                                                                                   
                                                       24-GS1054\G                                                              
                                                         Luckhaupt                                                              
                                                                                                                                
                 CS FOR SENATE BILL NO. 74(   )                                                                               
                                                                                                                                
           IN THE LEGISLATURE OF THE STATE OF ALASKA                                                                            
                                                                                                                                
           TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                                                            
                                                                                                                              
BY                                                                                                                            
                                                                                                                              
Offered:                                                                                                                      
Referred:                                                                                                                     
                                                                                                                              
Sponsor(s):  SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR                                                                
                             A BILL                                                                                           
                                                                                                                              
                      FOR AN ACT ENTITLED                                                                                     
"An Act relating to marijuana and misconduct involving a                                                                      
                                                                                                                                
controlled substance; and providing for an effective date."                                                                   
                                                                                                                                
                                                                                                                                
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                      
                                                                                                                                
                                                                                                                                
   * Section 1.  AS 11.71.040(a) is amended to read:                                                                          
          (a)  Except as authorized in AS 17.30, a person                                                                       
     commits the crime of misconduct involving a controlled                                                                     
     substance in the fourth degree if the person                                                                               
               (1)  manufactures or delivers any amount of a                                                                    
     schedule IVA or VA controlled substance or possesses any                                                                   
     amount of a schedule IVA or VA controlled substance with                                                                   
     intent to manufacture or deliver;                                                                                          
               (2)  manufactures or delivers, or possesses with                                                                 
     the  intent   to  manufacture  or   deliver,  one   or  more                                                               
     preparations,  compounds,  mixtures,  or  substances  of  an                                                               
     aggregate weight of one ounce  or more containing a schedule                                                               
     VIA controlled substance;                                                                                                  
               (3)  possesses                                                                                                   
                    (A)  any amount of a schedule IA or IIA                                                                     
          controlled substance;                                                                                                 
                    (B)  25 or more tablets, ampules, or                                                                        
          syrettes containing a schedule IIIA or IVA controlled                                                                 
          substance;                                                                                                            
                    (C)  one or more preparations, compounds,                                                                   
          mixtures, or substances of an aggregate weight of                                                                     
          three grams or more containing a schedule IIIA or IVA                                                                 
          controlled substance;                                                                                                 
                    (D)  50 or more tablets, ampules, or                                                                        
          syrettes   containing   a    schedule   VA   controlled                                                               
          substance;                                                                                                            
                    (E)  one or more preparations, compounds,                                                                   
          mixtures, or substances of an aggregate weight of six                                                                 
          grams or more containing a schedule VA controlled                                                                     
          substance;                                                                                                            
                    (F)  one or more preparations, compounds,                                                                   
          mixtures, or substances of an aggregate weight of four                                                            
          ounces [ONE POUND] or more containing a schedule VIA                                                              
          controlled substance; or                                                                                              
                    (G)  25 or more plants of the genus                                                                         
          cannabis;                                                                                                             
               (4)   possesses a schedule  IIIA, IVA, VA,  or VIA                                                               
     controlled substance                                                                                                       
                    (A)  with reckless disregard that the                                                                       
          possession occurs                                                                                                     
                         (i)  on or within 500 feet of school                                                                   
               grounds; or                                                                                                      
                         (ii)  at or within 500 feet of a                                                                       
               recreation or youth center; or                                                                                   
                    (B)  on a school bus;                                                                                       
               (5)    knowingly  keeps or  maintains  any  store,                                                               
     shop,   warehouse,   dwelling,  building,   vehicle,   boat,                                                               
     aircraft,  or other  structure  or place  that  is used  for                                                               
     keeping or  distributing controlled substances  in violation                                                               
     of a felony offense under this chapter or AS 17.30;                                                                        
               (6)   makes, delivers, or possesses  a punch, die,                                                               
     plate, stone, or other thing  that [WHICH] prints, imprints,                                                           
     or reproduces a trademark,  trade name, or other identifying                                                               
     mark, imprint, or  device of another or any  likeness of any                                                               
     of these upon  a drug, drug container, or labeling  so as to                                                               
     render the drug a counterfeit substance;                                                                                   
               (7)     knowingly  uses  in  the   course  of  the                                                               
     manufacture  or distribution  of  a  controlled substance  a                                                               
     registration number that  is fictitious, revoked, suspended,                                                               
     or issued to another person;                                                                                               
               (8)    knowingly  furnishes  false  or  fraudulent                                                               
     information  in  or  omits  material  information  from  any                                                               
     application, report,  record, or other document  required to                                                               
     be kept or filed under AS 17.30;                                                                                           
               (9)  obtains possession  of a controlled substance                                                               
     by   misrepresentation,   fraud,  forgery,   deception,   or                                                           
     subterfuge; or                                                                                                             
               (10)    affixes  a  false or  forged  label  to  a                                                               
     package  or   other  container  containing   any  controlled                                                               
     substance.                                                                                                                 
   * Sec. 2.  AS 11.71.050(a) is amended to read:                                                                             
          (a)    Except  as  authorized  in  AS 17.30,  a  person                                                               
     commits  the  crime  of misconduct  involving  a  controlled                                                               
     substance in the fifth degree if the person                                                                                
               (1)  manufactures or delivers, or possesses with                                                                 
     the  intent   to  manufacture  or   deliver,  one   or  more                                                               
     preparations,  compounds,  mixtures,  or  substances  of  an                                                               
     aggregate  weight of  one-half  ounce or  more containing  a                                                               
     schedule VIA controlled substance;                                                                                         
               (2)  manufactures or delivers, or possesses with                                                                 
     the  intent   to  manufacture  or   deliver,  one   or  more                                                               
     preparations,  compounds,  mixtures,  or  substances  of  an                                                               
     aggregate weight  of less than  one-half ounce  containing a                                                               
     schedule VIA controlled substance, for remuneration;                                                                       
               (3)  possesses                                                                                                   
                    (A)  less than 25 tablets, ampules, or                                                                      
          syrettes containing  a schedule IIIA or  IVA controlled                                                               
          substance;                                                                                                            
                    (B)  one or more preparations, compounds,                                                                   
          mixtures, or substances of an  aggregate weight of less                                                               
          than  three grams  containing a  schedule  IIIA or  IVA                                                               
          controlled substance;                                                                                                 
                    (C)  less than 50 tablets, ampules, or                                                                      
          syrettes   containing   a    schedule   VA   controlled                                                               
          substance;                                                                                                            
                    (D)  one or more preparations, compounds,                                                                   
          mixtures, or substances of an  aggregate weight of less                                                               
          than  six grams  containing  a  schedule VA  controlled                                                               
          substance; or                                                                                                         
                    (E)  one or more preparations, compounds,                                                                   
          mixtures, or  substances of an aggregate  weight of one                                                           
          ounce [ONE-HALF  POUND] or  more containing  a schedule                                                           
          VIA controlled substance; or                                                                                          
               (4)  fails to make, keep, or furnish any record,                                                                 
     notification,   order    form,   statement,    invoice,   or                                                               
     information required under AS 17.30.                                                                                       
   * Sec. 3.  AS 11.71.060(a) is amended to read:                                                                             
          (a)    Except  as  authorized  in  AS 17.30,  a  person                                                               
     commits  the  crime  of misconduct  involving  a  controlled                                                               
     substance in the sixth degree if the person                                                                                
               (1)  uses or displays any amount of a schedule                                                                   
     VIA controlled substance;                                                                                              
               (2)  [OR] possesses one or more preparations,                                                                
     compounds, mixtures,  or substances  of an  aggregate weight                                                               
     of  less  than  one  ounce  [ONE-HALF  POUND]  containing  a                                                           
     schedule VIA controlled substance; or                                                                                      
               (3) [(2)]  refuses entry into a premise for an                                                               
     inspection authorized under AS 17.30.                                                                                      
   *  Sec.   4.    This   Act  takes  effect   immediately  under                                                             
AS 01.10.070(c).                                                                                                                
                                                                                                                                
CHAIR SEEKINS objected.                                                                                                         
                                                                                                                                
SENATOR  FRENCH advised  his  CS takes  three  of the  provisions                                                               
supplied by  the DOL and makes  a separate bill out  of them. The                                                               
provisions relate  to the C felony,  the A misdemeanor and  the B                                                               
misdemeanor  levels of  the crime.  The proposed  CS reduces  the                                                               
amount  of the  C  felony down  from one  pound  to four  ounces,                                                               
reduces  the  A misdemeanor  to  under  four  ounces, and  the  B                                                               
misdemeanor  down   to  one  ounce.  Previous   expert  testimony                                                               
suggested  that  since  the  potency  has  elevated,  people  are                                                               
smoking less. He  expressed doubt as to whether the  war on drugs                                                               
is headed in the right direction.                                                                                               
                                                                                                                                
4:37:13 PM                                                                                                                    
SENATOR FRENCH  read from the  1994 La Guardia  Commission Report                                                               
that  concluded  there  is no  direct  relationship  between  the                                                               
commission of  crimes of  violence and  marijuana. A  1969 report                                                               
indicated there  was no direct relation  between smoking cannabis                                                               
and  serious  physical  danger.  A  1970  Canadian  report  found                                                               
physical dependence on marijuana has  not been proven and that no                                                               
physiological affects  have been shown  to occur even  to regular                                                               
users.                                                                                                                          
                                                                                                                                
4:39:34 PM                                                                                                                    
A 1997  commission from the  Australian government  concluded the                                                               
toxicity  of marijuana  is low  compared  to any  other drug  and                                                               
there are  no major  health effects shown  to manifest  from it's                                                               
use.                                                                                                                            
                                                                                                                                
4:40:43 PM                                                                                                                    
The  American Enterprise  Institute,  a  very conservative  think                                                               
tank,  published a  report on  March 26,  2005 that  says despite                                                               
billions of  tax dollars  spent combating the  war on  drugs, the                                                               
United States  still have  the worst  drug problem  among western                                                               
nations. They  concluded criminal  prosecution of  marijuana does                                                               
not appear to be justified.                                                                                                     
                                                                                                                                
Just focusing  on possession in  Alaska, there were  1500 arrests                                                               
in 2003,  which led to  500 convictions. Of the  500 convictions,                                                               
80 percent were dismissed. It seems to be a waste of resources.                                                                 
                                                                                                                                
4:45:21 PM                                                                                                                    
SENATOR FRENCH asserted  his proposed CS puts the  level where it                                                               
belongs in light of modern evidence concerning marijuana.                                                                       
                                                                                                                                
SENATOR HUGGINS asked Senator French  if he supported overturning                                                               
Ravin.                                                                                                                          
                                                                                                                                
SENATOR  FRENCH  answered  he  is agnostic  on  that  point.  The                                                               
government  isn't interested  in  prosecuting  people for  simple                                                               
possession. The basis of SB 74 could overturn Ravin.                                                                            
                                                                                                                                
4:46:55 PM                                                                                                                    
MR. GUANELI pointed  out most simple possession  cases are almost                                                               
always those of using marijuana while driving.                                                                                  
                                                                                                                                
4:50:19 PM                                                                                                                    
MR. GUANELI disagreed with Senator  French's amendment and stated                                                               
it does not address the  situation where young people are selling                                                               
to other  young people. By making  that a felony offense  sends a                                                               
message loud and clear.                                                                                                         
                                                                                                                                
4:53:10 PM                                                                                                                    
SENATOR  FRENCH pointed  out  it  is currently  a  crime to  sell                                                               
marijuana to anyone.                                                                                                            
                                                                                                                                
4:56:59 PM                                                                                                                    
CHAIR  SEEKINS announced  he would  allow  the committee  members                                                               
time to  consider Senator French's  CS. The committee  would take                                                               
up SB 74 at a later date.                                                                                                       
                                                                                                                                
          SB 125-LICENSING MEDICAL OR CARE FACILITIES                                                                       
                                                                                                                                
5:01:14 PM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 125 to be up for consideration.                                                                
                                                                                                                                
SENATOR GRETCHEN GUESS moved Version  \Y as the working document.                                                               
Hearing no objection, the motion carried.                                                                                       
                                                                                                                                
5:02:07 PM                                                                                                                    
DR.  RICHARD  MANDSAGER,  director,  Division  of  Public  Health                                                               
(DPH), summarized the changes of SB 125:                                                                                        
     Adds DHSS as the administrative hearing entity for hearings                                                                
related to centralized registry.                                                                                                
     Adds "volunteers" as an entry type of the registry.                                                                        
     Adds "decisions" to the types of findings that can result                                                                  
in an entry in the registry.                                                                                                    
     Adds "medical assistance fraud" as a condition for entry on                                                                
the registry.                                                                                                                   
     Adds new subsections to require reporting to the department                                                                
of any allegations of neglect,  abuse or exploitation in the last                                                               
ten years, or any court findings of these conditions.                                                                           
     Defines the central registry as a confidential document                                                                    
with limited access.                                                                                                            
     Adds immunity protections for people who report abuse,                                                                     
neglect of exploitation.                                                                                                        
     Clarifies individuals associated with the term "entities".                                                                 
                                                                                                                                
5:06:43 PM                                                                                                                    
DR. MANDSAGER concluded SB 125  makes sure anything pertaining to                                                               
licensure is enforced.                                                                                                          
                                                                                                                                
5:09:34 PM                                                                                                                    
MS. STACEY  KRALY, senior assistant  attorney, Department  of Law                                                               
(DOL), advised  the committee the  DOL inadvertently left  off an                                                               
amendment  and asked  to include  it. The  amendment would  be to                                                               
insert on Page  34, line 2, the phrase  "personal assistance" and                                                               
then to renumber the section.                                                                                                   
                                                                                                                                
Chair Seekins announced a brief recess at 5:13:12 PM.                                                                         
Chair Seekins reconvened the meeting at 5:16:45 PM.                                                                           
                                                                                                                                
5:16:45 PM                                                                                                                    
CHAIR  SEEKINS   announced  he  would   give  the  DOL   time  to                                                               
incorporate the  missing amendment into  a final version  and the                                                               
committee would hear SB 125 at a later date.                                                                                    
                                                                                                                                
5:19:27 PM                                                                                                                    
                                                                                                                                
There being no further business  to come before the committee, he                                                               
adjourned the meeting at 5:19:35 PM.                                                                                          
                                                                                                                                

Document Name Date/Time Subjects