Legislature(2005 - 2006)BUTROVICH 205

04/28/2005 08:30 AM JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 6:00 pm --
+ SB 106 SALE OF METHAMPHETAMINE AND PRECURSORS TELECONFERENCED
Scheduled But Not Heard
+ HB 149 CONTROLLED SUBSTANCES TELECONFERENCED
Heard & Held
+ HB 184 MUNICIPAL FIREARM ORDINANCES TELECONFERENCED
Heard & Held
+= HB 81 CONTRACTOR LICENSE ENFORCEMENT TELECONFERENCED
Scheduled But Not Heard
+= HB 54 BAIL REVIEW TELECONFERENCED
Moved CSHB 54(FIN) Out of Committee
+ SB 149 PROTECTION OF PERSONAL INFORMATION TELECONFERENCED
<SB 149 Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 127 EXEC. BRANCH ETHICS: FINANCIAL INTERESTS TELECONFERENCED
Scheduled But Not Heard
+= SB 186 EXECUTIVE BRANCH ETHICS TELECONFERENCED
Scheduled But Not Heard
+= SB 187 LEGISLATIVE ETHICS/MEETINGS TELECONFERENCED
Scheduled But Not Heard
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 28, 2005                                                                                         
                           8:48 a.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. 54(FIN)                                                                                                   
"An  Act  relating to  bail  review;  relating to  petitions  for                                                               
review  by  crime victims  where  the  defendant has  received  a                                                               
sentence below  the sentencing range  for the crime;  relating to                                                               
the  qualifications  of certain  members  of  the Violent  Crimes                                                               
Compensation Board;  relating to  the introduction of  the victim                                                               
and the defendant or minor to  the jury; amending Rule 27, Alaska                                                               
Rules  of Criminal  Procedures, and  Rule 21,  Alaska Delinquency                                                               
Rules; and providing for an effective date."                                                                                    
                                                                                                                                
     MOVED CSHB 54(FIN) OUT OF COMMITTEE                                                                                        
                                                                                                                                
CS FOR HOUSE BILL NO. 149(FIN) am                                                                                               
"An  Act  relating  to controlled  substances;  relating  to  the                                                               
crimes of manslaughter,  endangering the welfare of  a child, and                                                               
misconduct  involving a  controlled  substance;  relating to  the                                                               
manufacture of  methamphetamine and to the  sale, possession, and                                                               
delivery  of  certain  substances  and  precursors  used  in  the                                                               
manufacture  of  methamphetamine;  relating  to  listing  certain                                                               
anabolic steroids as controlled  substances; and providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 184 am                                                                                                           
"An Act relating to firearms."                                                                                                  
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 106                                                                                                             
"An Act  relating to  sale, possession,  and delivery  of certain                                                               
substances  and precursors  used in  the unlawful  manufacture of                                                               
methamphetamine."                                                                                                               
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 81(L&C)                                                                                                   
"An  Act establishing  an administrative  fine and  procedure for                                                               
construction  contractors  in certain  circumstances;  increasing                                                               
the amount of a civil penalty  for persons acting in the capacity                                                               
of contractors  or home inspectors;  modifying the elements  of a                                                               
crime   involving   contractor   registration   and   residential                                                               
contractors; modifying  the exemptions  from regulation  under AS                                                               
08.18 for contractors; and  exempting the administrative hearings                                                               
for imposing  an administrative fine on  construction contractors                                                               
from  the  hearings conducted  by  the  office of  administrative                                                               
hearings in the Department of Administration."                                                                                  
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 149                                                                                                             
"An  Act  relating to  breaches  of  security involving  personal                                                               
information; and relating to credit report security freezes."                                                                   
                                                                                                                                
     BILL HEARING CANCELED                                                                                                      
                                                                                                                                
SENATE BILL NO. 127                                                                                                             
"An Act prohibiting a public  officer from taking official action                                                               
regarding a matter in which  the public officer has a significant                                                               
financial interest;  and defining 'official action'  for purposes                                                               
of  the chapter  generally referred  to as  the Executive  Branch                                                               
Ethics Act."                                                                                                                    
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 186                                                                                                             
"An Act relating to the Alaska Executive Branch Ethics Act."                                                                    
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 187                                                                                                             
"An Act relating to legislative  ethics open meetings guidelines,                                                               
to  the public  members of  the Select  Committee on  Legislative                                                               
Ethics, to  alternate members  of the  legislative subcommittees,                                                               
to  advisory  opinions,  and   to  confidential  information  and                                                               
proceedings   regarding   legislative   ethics   complaints   and                                                               
investigations."                                                                                                                
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 54                                                                                                                   
SHORT TITLE: BAIL REVIEW                                                                                                        
SPONSOR(s): REPRESENTATIVE(s) SAMUELS, STOLTZE                                                                                  
                                                                                                                                
01/10/05       (H)       PREFILE RELEASED 1/7/05                                                                                
01/10/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/10/05       (H)       JUD, FIN                                                                                               
03/30/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/30/05       (H)       Heard & Held                                                                                           
03/30/05       (H)       MINUTE(JUD)                                                                                            
04/01/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/01/05       (H)       Moved CSHB 54(JUD) Out of Committee                                                                    
04/01/05       (H)       MINUTE(JUD)                                                                                            
04/05/05       (H)       JUD RPT CS(JUD) NT 4DP                                                                                 
04/05/05       (H)       DP:   ANDERSON,    DAHLSTROM,   COGHILL,                                                               
                         MCGUIRE                                                                                                
04/12/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/12/05       (H)       Bill Postponed To 4/13                                                                                 
04/13/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/13/05       (H)       Moved CSHB 54(FIN) Out of Committee                                                                    
04/13/05       (H)       MINUTE(FIN)                                                                                            
04/14/05       (H)       FIN RPT CS(FIN) NT 6DP 3NR                                                                             
04/14/05       (H)       DP: HAWKER, CROFT, HOLM, MOSES, FOSTER,                                                                
                         MEYER;                                                                                                 
04/14/05       (H)       NR: WEYHRAUCH, KELLY, CHENAULT                                                                         
04/19/05       (H)       TRANSMITTED TO (S)                                                                                     
04/19/05       (H)       VERSION: CSHB 54(FIN)                                                                                  
04/20/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/20/05       (S)       JUD, FIN                                                                                               
04/25/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/25/05       (S)       Heard & Held                                                                                           
04/25/05       (S)       MINUTE(JUD)                                                                                            
04/28/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 149                                                                                                                  
SHORT TITLE: CONTROLLED SUBSTANCES                                                                                              
SPONSOR(s): REPRESENTATIVE(s) RAMRAS                                                                                            
                                                                                                                                
02/14/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/05       (H)       JUD, FIN                                                                                               
03/07/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/07/05       (H)       Heard & Held                                                                                           
03/07/05       (H)       MINUTE(JUD)                                                                                            
03/09/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/09/05       (H)       Moved CSHB 149(JUD) Out of Committee                                                                   
03/09/05       (H)       MINUTE(JUD)                                                                                            
03/14/05       (H)       JUD RPT CS(JUD) NT 3DP 2NR                                                                             
03/14/05       (H)       DP: ANDERSON, GRUENBERG, MCGUIRE;                                                                      
03/14/05       (H)       NR: KOTT, GARA                                                                                         
03/31/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/31/05       (H)       <Bill   Hearing   Postponed   to   Tues.                                                               
                         4/5/05>                                                                                                
04/05/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/05/05       (H)       Moved CSHB 149(FIN) Out of Committee                                                                   
04/05/05       (H)       MINUTE(FIN)                                                                                            
04/07/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/07/05       (H)       Moved CSHB 149(FIN) Out of Committee                                                                   
04/07/05       (H)       MINUTE(FIN)                                                                                            
04/11/05       (H)       FIN RPT CS(FIN) NT 10DP                                                                                
04/11/05       (H)       DP: HAWKER, CROFT, HOLM, STOLTZE,                                                                      
                         KELLY, WEYHRAUCH, FOSTER, MOSES, MEYER,                                                                
04/11/05       (H)       CHENAULT                                                                                               
04/13/05       (H)       TRANSMITTED TO (S)                                                                                     
04/13/05       (H)       VERSION: CSHB 149(FIN) AM                                                                              
04/14/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/14/05       (S)       JUD, FIN                                                                                               
04/28/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 184                                                                                                                  
SHORT TITLE: MUNICIPAL FIREARM ORDINANCES                                                                                       
SPONSOR(s): REPRESENTATIVE(s) CHENAULT                                                                                          
                                                                                                                                
02/28/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/05       (H)       CRA, JUD                                                                                               
03/22/05       (H)       CRA RPT 3DP 1DNP 3AM                                                                                   
03/22/05       (H)       DP: SALMON, NEUMAN, OLSON;                                                                             
03/22/05       (H)       DNP: CISSNA;                                                                                           
03/22/05       (H)       AM: LEDOUX, KOTT, THOMAS                                                                               
03/22/05       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
03/22/05       (H)       Moved Out of Committee                                                                                 
03/22/05       (H)       MINUTE(CRA)                                                                                            
04/01/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/01/05       (H)       Moved CSHB 184(JUD) Out of Committee                                                                   
04/01/05       (H)       MINUTE(JUD)                                                                                            
04/05/05       (H)       JUD RPT CS(JUD) 6DP 1NR                                                                                
04/05/05       (H)       DP:    KOTT,     GRUENBERG,    ANDERSON,                                                               
                         DAHLSTROM, COGHILL, MCGUIRE;                                                                           
04/05/05       (H)       NR: GARA                                                                                               
04/11/05       (H)       BEFORE THE HOUSE                                                                                       
04/13/05       (H)       TRANSMITTED TO (S)                                                                                     
04/13/05       (H)       VERSION: HB 184 AM                                                                                     
04/14/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/14/05       (S)       CRA, JUD                                                                                               
04/22/05       (S)       CRA AT 1:30 PM BELTZ 211                                                                               
04/22/05       (S)       Moved HB 184 am Out of Committee                                                                       
04/22/05       (S)       MINUTE(CRA)                                                                                            
04/25/05       (S)       CRA RPT 3DP                                                                                            
04/25/05       (S)       DP: STEVENS G, WAGONER, STEDMAN                                                                        
04/28/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Doug Wooliver, Administrative Attorney                                                                                      
Alaska Court System                                                                                                             
Office of the Administrative Director                                                                                           
          th                                                                                                                    
820 West 4 Ave                                                                                                                  
Anchorage, AK 99501                                                                                                             
POSITION STATEMENT:  Commented on HB 54                                                                                       
                                                                                                                                
Ms. Sara Nielsen, Staff                                                                                                         
Representative Ralph Samuels                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Commented on HB 54                                                                                       
                                                                                                                                
Representative Jay Ramras                                                                                                       
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced HB 149                                                                                        
                                                                                                                                
Ms. Jane Pierson                                                                                                                
Staff to Representative Jay Ramras                                                                                              
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Commented on HB 149                                                                                      
                                                                                                                                
Sergeant Timothy Birt                                                                                                           
Alaska State Troopers                                                                                                           
Department of Public Safety                                                                                                     
3700 East Tudor Road                                                                                                            
Anchorage, Alaska 99507                                                                                                         
POSITION STATEMENT:  Testified in support of HB 149                                                                           
                                                                                                                                
Detective Krut Kornchuk                                                                                                         
Anchorage Police Department                                                                                                     
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 149                                                                           
                                                                                                                                
Mr. Glen Peterson                                                                                                               
Carrs/Safeway                                                                                                                   
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified in opposition to HB 149                                                                        
                                                                                                                                
Mr. Erich DeLand                                                                                                                
Staff to Representative Mike Chennault                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced HB 184                                                                                        
                                                                                                                                
Mr. Ryan Judy                                                                                                                   
National Rifleman's Association                                                                                                 
POSITION STATEMENT:  Testified in support of HB 184                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:48:31 AM.  Present were Senators                                                             
Hollis French,  Charlie Huggins, Gretchen Guess,  and Chair Ralph                                                               
Seekins.                                                                                                                        
                                                                                                                                
            CSHB 54(FIN)-BAIL REVIEW/ CRIME VICTIMS                                                                         
                                                                                                                                
CHAIR RALPH SEEKINS announced HB 54 to be up for consideration.                                                                 
                                                                                                                                
8:49:28 AM                                                                                                                    
MR. DOUG WOLLIVER, administrative  attorney, Alaska Court System,                                                               
advised the committee  many of the items in HB  54 were currently                                                               
being adopted  in Anchorage.  He does not  anticipate a  flood of                                                               
petitions from people contesting sentences.                                                                                     
                                                                                                                                
8:51:47 AM                                                                                                                    
MS. SARA NIELSEN, staff to  Representative Ralph Samuels, offered                                                               
to answer questions.                                                                                                            
                                                                                                                                
CHAIR  SEEKINS asked  for amendments  or comments  from committee                                                               
members.                                                                                                                        
                                                                                                                                
SENATOR CHARLIE  HUGGINS moved CSHB  54(FIN) from  committee with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                
Chair Seekins announced a short recess at 8:54:09 AM.                                                                         
Chair Seekins reconvened the meeting at 9:02:10 AM.                                                                           
                                                                                                                                
             CSHB 149(FIN) AM-CONTROLLED SUBSTANCES                                                                         
                                                                                                                                
9:02:10 AM                                                                                                                    
CHAIR RALPH SEEKINS announced HB 149 to be up for consideration.                                                                
                                                                                                                                
SENATOR GRETCHEN GUESS  moved Version \M as  the working document                                                               
before the committee.                                                                                                           
                                                                                                                                
CHAIR SEEKINS objected for the purpose of discussion.                                                                           
                                                                                                                                
REPRESENTATIVE   JAY   RAMRAS    introduced   HB   149.   Crystal                                                               
methamphetamine  (meth)  is  a  growing  and  extreme  danger  to                                                               
society  and  causes  irreparable  damage to  the  user  and  the                                                               
community. Accelerated crime is the  byproduct of meth. HB 149 is                                                               
a bill  that has evolved  to include the  best sections of  SB 70                                                               
and SB 106.                                                                                                                     
                                                                                                                                
9:06:14 AM                                                                                                                    
Meth  is  "cooked"  in  "mom and  pop"  laboratories,  which  are                                                               
problematic  due   to  the  extreme  dangers   of  the  chemicals                                                               
involved. A Fred Meyer employee  advised Rep. Ramras she has seen                                                               
several people get  out of a vehicle and come  to the counter one                                                               
at a  time to  purchase the  maximum amount  of Sudafed.  She has                                                               
taken  down license  numbers  to  turn in  to  the Department  of                                                               
Public  Safety  (DPS). Paint  store  people  know the  difference                                                               
between painters and people who  use products such as acetone for                                                               
illegal intent.                                                                                                                 
                                                                                                                                
9:08:17 AM                                                                                                                    
The process  of cooking  meth is highly  dangerous. It  can cause                                                               
fires  and explosions.  It endangers  law  enforcement and  other                                                               
emergency responders  as well  as the  general public.  For every                                                               
pound of meth, seven pounds of  toxic waste are released into the                                                               
environment.  Officials  have  seen  meth cookers  use  the  same                                                               
equipment  to  cook food  for  their  children exposing  them  to                                                               
horrible poisons.                                                                                                               
                                                                                                                                
9:09:37 AM                                                                                                                    
HB 149 will have a major  impact on the availability of criminals                                                               
to  purchase certain  precursors  to  methamphetamine. There  are                                                               
three necessary ingredients used  to make meth, Pseudo ephedrine,                                                               
iodine crystals, and red phosphorus.  HB 149 proposes to restrict                                                               
the  amount of  Pseudo ephedrine  a person  can purchase  to nine                                                               
grams  in a  30-day  period. Single  ingredient Pseudo  ephedrine                                                               
products  will  be kept  behind  a  service  counter with  a  log                                                               
available  to  law enforcement.  Iodine  purchases  will also  be                                                               
logged. HB 149 is not meant to disrupt commerce.                                                                                
                                                                                                                                
9:11:30 AM                                                                                                                    
HB  149  creates   requirements  for  wholesalers,  distributors,                                                               
manufacturers and retailers who  sell Pseudo ephedrine and iodine                                                               
products.  Knowingly violating  these requirements  is a  class A                                                               
misdemeanor punishable by  a fine up to $10,000. HB  149 makes it                                                               
a crime of manslaughter for  manufacturing or delivery of certain                                                               
drugs to a person who dies  from its ingestions, whether death is                                                               
the intent of  the meth cook or not. The  bill increases the bond                                                               
for a meth  manufacturer with a prior conviction to  a minimum of                                                               
$250,000 cash only bond. Presumptive  sentencing where there is a                                                               
child  present  would be  increased.  The  bill would  also  make                                                               
anabolic  steroids  a class  VA  controlled  substance. The  bill                                                               
amends the statutes that require  the Department of Environmental                                                               
Conservation (DEC)  to keep  certain information  on contaminated                                                               
drug manufacture sites on their website.                                                                                        
                                                                                                                                
9:13:18 AM                                                                                                                    
Senator  Gretchen Guess,  Senator Waggoner,  the commissioner  of                                                               
DEC,  and  several  others  met  to  address  realtors  who  were                                                               
concerned they  would be held  liable for not disclosing  a piece                                                               
of real estate  had previously been the site of  a meth clean up.                                                               
In the  effort to increase  criminal penalties as a  deterrent to                                                               
meth labs  it would be of  great benefit to require  landlords to                                                               
do a  better job  of screening  tenants. Currently  landlords are                                                               
either  passively  or  actively  contributing  to  the  meth  lab                                                               
problem.                                                                                                                        
                                                                                                                                
9:15:19 AM                                                                                                                    
The economic  value of a  meth-free property is of  greater value                                                               
than of  one that is  a toxic site.  HB 149 would  force property                                                               
owners  to be  more stringent  as to  who they  bring into  their                                                               
buildings and properties.                                                                                                       
                                                                                                                                
9:16:31 AM                                                                                                                    
SENATOR CHARLIE  HUGGINS asked  the level  of contamination  of a                                                               
property after three weeks working as a meth lab.                                                                               
                                                                                                                                
REPRESENTATIVE RAMRAS deferred the question to Senator Guess.                                                                   
                                                                                                                                
SENATOR GUESS  explained the naked  eye could see  meth chemicals                                                               
on the  walls even after painting.  An illegal lab could  be very                                                               
neat or very messy or in between.                                                                                               
                                                                                                                                
9:19:04 AM                                                                                                                    
CHAIR SEEKINS  announced the Senate Judiciary  Standing Committee                                                               
would not hear HB 81 today.                                                                                                     
                                                                                                                                
SENATOR HUGGINS  asked the  recourse for  when the  landlord does                                                               
not know the property is being damaged.                                                                                         
                                                                                                                                
CHAIR SEEKINS responded there was  a bill that passed through the                                                               
Senate  Judiciary Standing  Committee that  required a  mandatory                                                               
clean up of the property.                                                                                                       
                                                                                                                                
SENATOR  GUESS clarified  it required  demonstrating to  DEC that                                                               
the chemicals  were not  at hazardous  levels. The  threshold was                                                               
low but purposefully put into regulation.                                                                                       
                                                                                                                                
9:21:20 AM                                                                                                                    
SENATOR  HUGGINS expressed  concern  that HB  149  would cause  a                                                               
landlord to clean up the property  without a course to recoup any                                                               
costs.                                                                                                                          
                                                                                                                                
SENATOR GUESS  advised it was  addressed in a previous  bill. She                                                               
offered to provide the statute to Senator Huggins.                                                                              
                                                                                                                                
9:23:05 AM                                                                                                                    
Senator Gene Therriault joined the committee.                                                                                   
                                                                                                                                
SENATOR  HUGGINS  asked Rep.  Ramras  whether  he has  considered                                                               
alternative sources of meth supplies.                                                                                           
                                                                                                                                
REPRESENTATIVE RAMRAS  stated in  California people  have altered                                                               
trucks to look  like FedEx trucks and they carry  stolen cases of                                                               
Sudafed.  Juneau is  known to  be  more of  a commercial  market.                                                               
Pfizer  and other  pharmaceutical  companies are  trying to  find                                                               
ways to cooperate  and make their products more  difficult to use                                                               
for cooking meth.                                                                                                               
                                                                                                                                
9:25:28 AM                                                                                                                    
REPRESENTATIVE  RAMRAS  continued  the expectation  is  the  more                                                               
difficult  it  is  to  make  the  meth,  their  efforts  will  go                                                               
elsewhere.  The priority  is to  overtake  the meth  laboratories                                                               
because they overwhelm law enforcement efforts.                                                                                 
                                                                                                                                
SENATOR  HOLLIS  FRENCH  questioned  whether the  intent  was  to                                                               
mandate  record  keeping  for   all  products  containing  Pseudo                                                               
ephedrine.                                                                                                                      
                                                                                                                                
9:27:49 AM                                                                                                                    
REPRESENTATIVE  RAMRAS explained  meth  cooks could  cook out  90                                                               
percent of the  Pseudo ephedrine from the  single ingredient cold                                                               
medicine and that is what they have targeted.                                                                                   
                                                                                                                                
9:29:22 AM                                                                                                                    
MS. JANE  PIERSON, staff to Representative  Jay Ramras, commented                                                               
the record keeping provision was kept  in the bill for all Pseudo                                                               
ephedrine products  since meth cookers  will naturally  evolve to                                                               
the  multi   ingredient  products  once  the   single  ingredient                                                               
products become controlled.                                                                                                     
                                                                                                                                
SENATOR FRENCH asked the percentage  of the products that contain                                                               
the most Pseudo ephedrine.                                                                                                      
                                                                                                                                
SENATOR  GUESS explained  Section A  pertains to  the wholesaler,                                                               
manufacturer,  distributor level.  A  log will  be  kept at  that                                                               
level detailing which  products go to which places.  Section B is                                                               
the  retailer level.  Section C  details the  behind the  counter                                                               
requirements. Sole  active ingredient  medicines are  kept behind                                                               
the counter  and require a  log. Combination products  would only                                                               
go behind  the counter if DPS  put them in regulations.  If there                                                               
is a  problem with  a combination  drug it can  be dealt  with in                                                               
future legislation.                                                                                                             
                                                                                                                                
9:32:27 AM                                                                                                                    
CHAIR  SEEKINS suggested  Ms. Pierson  lead a  section-by-section                                                               
analysis  of HB  149. He  asked  Ms. Pierson  whether there  were                                                               
changes to Section 2.                                                                                                           
                                                                                                                                
MS. PIERSON reported  the changes in Section 2  relate to Section                                                               
3, which encompasses hard drugs and date rape drugs.                                                                            
                                                                                                                                
9:36:22 AM                                                                                                                    
MS.  PIERSON stated  Section  3  makes it  a  class  A felony  to                                                               
manufacture  or deliver  a  precursor  to meth  to  a person  who                                                               
intends to use the chemical to manufacture meth.                                                                                
                                                                                                                                
SENATOR  FRENCH  clarified  immediate precursors  are  ephedrine,                                                               
Pseudo ephedrine, crystal iodine and red phosphorous.                                                                           
                                                                                                                                
CHAIR  SEEKINS  argued  Pseudo  ephedrine  is  not  an  immediate                                                               
precursor  because  the  chemical   substance  has  to  first  be                                                               
extracted.                                                                                                                      
                                                                                                                                
9:38:48 AM                                                                                                                    
MS. PIERSON  commented under AS 11.71.020  misconduct involving a                                                               
controlled substance in the second degree is a class A felony.                                                                  
                                                                                                                                
CHAIR SEEKINS  wondered about the  word "immediate." He  said the                                                               
committee  was  trying   to  tie  this  to   intent  or  reckless                                                               
disregard.                                                                                                                      
                                                                                                                                
9:41:43 AM                                                                                                                    
SENATOR  GUESS   mentioned  Section  4  was   the  section  where                                                               
"hoarders"  were  discussed and  she  has  an amendment  for  the                                                               
committee to consider  that protects people who  are lawful users                                                               
of certain chemicals.                                                                                                           
                                                                                                                                
REPRESENTATIVE RAMRAS  added law enforcement would  prefer a six-                                                               
gram limit  but after much  debate the  limit was raised  to nine                                                               
grams. Accumulation of  Sudafed is the key  component for crystal                                                               
methamphetamine cooks.                                                                                                          
                                                                                                                                
9:44:30 AM                                                                                                                    
SENATOR  GUESS  moved Amendment  1.  Hearing  no objections,  the                                                               
motion carried.                                                                                                                 
                                                      24-LS0596\M.1                                                             
                                                         Luckhaupt                                                              
                                                           11/3/05                                                              
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                                                                                                           
     TO:  SCS CSHB 149(   ), Draft Version "M"                                                                                  
                                                                                                                                
Page 4, lines 2 - 16:                                                                                                           
     Delete "The prima facie evidence described in this                                                                         
subsection does  not apply to  a person who possesses  the listed                                                               
chemicals  ephedrine,  pseudoephedrine,  phenylpropanolamine,  or                                                               
the salts, isomers, or salts of isomers of those chemicals                                                                      
               (1)  and the listed chemical was dispensed to the                                                                
     person under a valid prescription; or                                                                                      
               (2)  in the ordinary course of a legitimate                                                                      
    business, or an employee of a legitimate business, as a                                                                     
                    (A)  retailer or as a wholesaler;                                                                           
                    (B)  wholesale drug distributor licensed by                                                                 
          the Board of Pharmacy;                                                                                                
                    (C)  manufacturer of drug products licensed                                                                 
          by the Board of Pharmacy;                                                                                             
                    (D)  pharmacist licensed by the Board of                                                                    
          Pharmacy; or                                                                                                          
                    (E)  health care professional licensed by                                                                   
          the state."                                                                                                           
     Insert  "The   prima  facie   evidence  described   in  this                                                               
subsection does not apply to a person who possesses                                                                             
               (1)        the   listed    chemicals    ephedrine,                                                               
     pseudoephedrine,   phenylpropanolamine,    or   the   salts,                                                               
     isomers, or salts of isomers of those chemicals                                                                            
                    (A)  and the listed chemical was dispensed                                                                  
          to the person under a valid prescription; or                                                                          
                    (B)  in the ordinary course of a legitimate                                                                 
          business, or an employee of a legitimate business, as                                                                 
          a                                                                                                                     
                         (i)  retailer or as a wholesaler;                                                                      
                         (ii)      wholesale   drug   distributor                                                               
               licensed by the Board of Pharmacy;                                                                               
                         (iii)  manufacturer of drug products                                                                   
               licensed by the Board of Pharmacy;                                                                               
                         (iv)  pharmacist licensed by the Board                                                                 
               of Pharmacy; or                                                                                                  
                         (v)  health care professional licensed                                                                 
               by the state; or                                                                                                 
               (2)  less than 24 grams of ephedrine,                                                                            
     pseudoephedrine,   phenylpropanolamine,    or   the   salts,                                                               
     isomers, or  salts of isomers  of those chemicals in  a home                                                               
     or  business  establishment  under  circumstances  that  are                                                               
     consistent  with  typical  medicinal or  household  use,  as                                                               
     indicated   by  factors   that  include   storage  location,                                                               
     purchase date,  possession of the  products in a  variety of                                                               
     strengths,  brands, types,  purposes, and  expiration dates;                                                               
     the exception provided  in this paragraph does  not apply if                                                               
     the substances  in excess of  nine grams were  all purchased                                                               
     within a period of  thirty consecutive days unless purchased                                                               
     by a legitimate  business for use in the  ordinary course of                                                               
     the business."                                                                                                             
                                                                                                                                
9:45:54 AM                                                                                                                    
SENATOR HUGGINS asked the correlation between steroids and                                                                      
methamphetamines.                                                                                                               
                                                                                                                                
REPRESENTATIVE RAMRAS responded there was none. HB 149 is an                                                                    
opportunity to address the steroid issue.                                                                                       
                                                                                                                                
SENATOR HUGGINS asked where high school students get steroids.                                                                  
                                                                                                                                
SENATOR  FRENCH answered  certain gyms  are known  areas to  meet                                                               
people who  supply steroids.  He speculated  a person  could also                                                               
get them over the Internet.                                                                                                     
                                                                                                                                
9:48:19 AM                                                                                                                    
CHAIR SEEKINS reviewed Sections 7, 8, and 9.                                                                                    
                                                                                                                                
SENATOR GUESS  asked Ms. Pierson  whether Section 9 was  the same                                                               
language that  was passed  out of  the Senate  Judiciary Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
MS. PIERSON responded yes.                                                                                                      
                                                                                                                                
9:50:32 AM                                                                                                                    
REPRESENTATIVE RAMRAS recognized  there are relationships between                                                               
crimes and  penalties and wished it  were a more severe  crime to                                                               
handle manufacturing of drugs around children.                                                                                  
                                                                                                                                
9:52:07 AM                                                                                                                    
SENATOR  GUESS  moved Amendment  2.  Hearing  no objections,  the                                                               
motion carried.                                                                                                                 
                                                      24-LS0596\M.2                                                             
                                                         Luckhaupt                                                              
                                                           11/3/05                                                              
                                                                                                                                
                      A M E N D M E N T 2                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                                                                                                           
     TO:  SCS CSHB 149(   ), Draft Version "M"                                                                                  
                                                                                                                                
Page 9, line 29:                                                                                                                
     Delete the second occurrence of "or"                                                                                       
                                                                                                                                
Page 9, line 29, following "crystal iodine":                                                                                    
     Insert ", or (3) any other ingredient when required by the                                                                 
Department of Public Safety by regulation,"                                                                                     
                                                                                                                                
9:54:51 AM                                                                                                                    
SENATOR GUESS asked  Ms. Pierson to explain the  amendment by the                                                               
House regarding Section 12, subsection (d).                                                                                     
                                                                                                                                
MS.  PIERSON  advised  the  House  Judiciary  Standing  Committee                                                               
worried  that a  person  who reported  "smurfing"  could be  held                                                               
guilty of a crime.                                                                                                              
                                                                                                                                
CHAIR SEEKINS stated  the confidentiality section has  to do with                                                               
the registry.                                                                                                                   
                                                                                                                                
9:58:26 AM                                                                                                                    
SENATOR FRENCH stated  Section 12, subsection (f)  deals with how                                                               
the  retailer keeps  the logs.  A law  enforcement agency  has to                                                               
request the log.                                                                                                                
                                                                                                                                
MS. PIERSON agreed.                                                                                                             
                                                                                                                                
SENATOR FRENCH asked  Ms. Pierson to explain  the subsequent six-                                                               
month period.                                                                                                                   
                                                                                                                                
MS. PIERSON  explained it was  added so the retailer  didn't have                                                               
to  maintain too  many records.  A law  enforcement agency  would                                                               
have to request the logs every six months.                                                                                      
                                                                                                                                
SENATOR FRENCH asked whether it was an ongoing request.                                                                         
                                                                                                                                
MS. PIERSON responded yes.                                                                                                      
                                                                                                                                
10:00:15 AM                                                                                                                   
REPRESENTATIVE  RAMRAS  advised  a  floor  debate  in  the  House                                                               
resulted in a  compromise that allowed retailers to  mail the log                                                               
records to the  Department of Public Safety.  The subsequent six-                                                               
month period was meant for a  broad interpretation for the DPS or                                                               
local law enforcement to have immediate access to the records.                                                                  
                                                                                                                                
SENATOR  FRENCH admitted  he was  unclear as  to how  Section 12,                                                               
subsection (f)  would work.  He asked  whether a  law enforcement                                                               
agency  could require  every pharmacy  in the  city to  mail them                                                               
their log of ephedrine sales for the following six-month period.                                                                
                                                                                                                                
REPRESENTATIVE RAMRAS said that was  the intent but agreed it was                                                               
unclear.                                                                                                                        
                                                                                                                                
CHAIR  SEEKINS  said  the transmittal  of  information  could  be                                                               
either electronically or by mail.                                                                                               
                                                                                                                                
REPRESENTATIVE  RAMRAS  said  the   intent  was  to  empower  law                                                               
enforcement.                                                                                                                    
                                                                                                                                
10:04:22 AM                                                                                                                   
CHAIR SEEKINS asked  whether it would ever be  used. He suggested                                                               
a sunset to see if it works. He  hesitated to put a burden on the                                                               
business owners if no one ever used the tool.                                                                                   
                                                                                                                                
10:06:46 AM                                                                                                                   
SENAOR THERRIAULT agreed with the sunset.                                                                                       
                                                                                                                                
SENATOR GUESS moved Amendment 3.                                                                                                
                                                      24-LS0596\M.3                                                             
                                                         Luckhaupt                                                              
                                                           11/3/05                                                              
                                                                                                                                
                      A M E N D M E N T 3                                                                                   
                                                                                                                                
OFFERED IN THE HOUSE                                                                                                            
     TO:  SCS CSHB 149(   ), Draft Version "M"                                                                                  
                                                                                                                                
Page 12, line 4:                                                                                                                
     Delete "and"                                                                                                               
                                                                                                                                
Page 12, line 5, following "address":                                                                                           
     Insert ", and owner's name at the time the notice was                                                                      
issued"                                                                                                                         
                                                                                                                                
Page 12, line 13, following "use.":                                                                                             
     Insert "The property shall remain on the lists or databases                                                                
for five  years after it is  determined that the property  is fit                                                               
for use and  shall be removed from the lists  or databases within                                                               
three months after the five year period has elapsed."                                                                           
                                                                                                                                
CHAIR SEEKINS objected for discussion.                                                                                          
                                                                                                                                
SENATOR GUESS explained  Section 13 and Section 14  were added in                                                               
the  House  Finance Standing  Committee  in  response to  a  bill                                                               
passed three  years ago. It  would post  meth lab real  estate on                                                               
the DPS Internet website for a 5-year period.                                                                                   
                                                                                                                                
10:10:36 AM                                                                                                                   
CHAIR  SEEKINS stated  a real  estate agent  should be  compelled                                                               
through  their  own  rules to  disclose  any  viable  information                                                               
regarding the property.                                                                                                         
                                                                                                                                
SENATOR  HUGGINS   added  the  seller's  agent   is  required  to                                                               
delineate any flaws of the property.                                                                                            
                                                                                                                                
SENATOR FRENCH  stated there were  limits. A homicide  or suicide                                                               
that happens  on the property is  required to be reported  to the                                                               
buyer but being a known drug house may not have to be.                                                                          
                                                                                                                                
CHAIR SEEKINS  voiced he supported  a requirement of  realtors to                                                               
research and  disclose whether  the property had  been used  as a                                                               
drug house at any time during the previous five years.                                                                          
                                                                                                                                
SENATOR  FRENCH  expressed there  is  currently  nothing in  real                                                               
estate disclosure laws that mandate it.                                                                                         
                                                                                                                                
10:13:14 AM                                                                                                                   
SENATOR GUESS said that disclosure  could be put into real estate                                                               
regulations through the real estate board.                                                                                      
                                                                                                                                
CHAIR SEEKINS  removed his objection  to Amendment 3.  Hearing no                                                               
further objections, Amendment 3 was adopted.                                                                                    
                                                                                                                                
SENATOR  GUESS  stated  it  is   necessary  to  get  the  minimum                                                               
information in  the log  that is  helpful to DPS  and yet  not be                                                               
cumbersome for the retailers.                                                                                                   
                                                                                                                                
10:16:27 AM                                                                                                                   
CHAIR SEEKINS asked  Rep. Ramras to suggest a period  of time for                                                               
a sunset clause using the logbook.                                                                                              
                                                                                                                                
REPRESENTATIVE RAMRAS deferred to the committee.                                                                                
                                                                                                                                
10:18:26 AM                                                                                                                   
MR. GLEN PETERSON, Carrs/Safeway,  introduced himself and several                                                               
people in the room. The issue  for retailers is more about random                                                               
theft from the meth rings.  Several measures have been instituted                                                               
already such  as putting  the product  behind the  counter. Since                                                               
then  theft is  down 85  percent.  The purchases  of the  product                                                               
stayed  the same,  which proved  meth cookers  were stealing  it.                                                               
Responsible   retailers  have   already  removed   the  ephedrine                                                               
products from the  shelves. HB 149 in its current  form would put                                                               
an  enormous burden  on retailers.  With  25 stores  it would  be                                                               
difficult to  know if someone  purchased more  than 9 grams  in a                                                               
30-day period.                                                                                                                  
                                                                                                                                
10:21:35 AM                                                                                                                   
MR. PETERSON  asked the committee  to work  on the bill  until it                                                               
was user friendly.                                                                                                              
                                                                                                                                
CHAIR SEEKINS asked Mr. Peterson  to comment regarding the sunset                                                               
discussion.                                                                                                                     
                                                                                                                                
MR. PETERSON agreed a sunset clause is good idea.                                                                               
                                                                                                                                
10:24:23 AM                                                                                                                   
SERGEANT TIMOTHY  BIRT, Alaska State  Troopers, said  100 percent                                                               
of the meth  manufactured in Alaska was  through Pseudo ephedrine                                                               
diverted products. There  is no way to determine how  much of the                                                               
Pseudo ephedrine  in the state  is used for lawful  purposes. The                                                               
cooperation of  retailers has been extremely  helpful in locating                                                               
meth cooks and meth labs.                                                                                                       
                                                                                                                                
10:26:22 AM                                                                                                                   
SERGEANT  BIRT said  the nature  of  meth cooks  is paranoia  and                                                               
secrecy and  it is  very common  for them to  move around  a lot.                                                               
Some have been known to move several times in a 6-month period.                                                                 
                                                                                                                                
10:28:22 AM                                                                                                                   
DETECTIVE  KRUT   KORNCHUK,  narcotics  unit,   Anchorage  Police                                                               
Department,  testified in  support of  HB 149.  He suggested  the                                                               
committee  use  language  similar  to  essential  chemicals.  The                                                               
laboratory  definition of  precursor is  a chemical  that becomes                                                               
part of a  finished product, and lye, iodine,  and red phosphorus                                                               
do  not become  part of  the finished  product. He  suggested the                                                               
sunset period be  a minimum of 5 years with  an additional 2-year                                                               
extension.   Laboratories   in   Washington   have   successfully                                                               
extracted  Pseudo  from  liquid  cold  medicines  and  also  from                                                               
powders such  as Theraflu. The National  Drug Intelligence Center                                                               
has seen an  increase in the use of secondary  products that have                                                               
smaller amounts of  Pseudo ephedrine in states  that have adopted                                                               
regulations against main ingredient products.                                                                                   
                                                                                                                                
10:31:12 AM                                                                                                                   
SENATOR GUESS advised Mr. Peterson  Version \M takes care of most                                                               
of his  stated concerns. She  said it  was never the  intent that                                                               
the  retailer would  have  any  responsibility regarding  someone                                                               
purchasing more than nine grams.                                                                                                
                                                                                                                                
CHAIR SEEKINS held HB 149 in committee.                                                                                         
                                                                                                                                
                       HB 184 AM-FIREARMS                                                                                   
                                                                                                                                
10:34:13 AM                                                                                                                   
CHAIR RALPH SEEKINS announced HB  184 to be up for consideration.                                                               
He distributed an amendment for committee members to review.                                                                    
                                                                                                                                
10:35:48 AM                                                                                                                   
MR.  ERICH   DELAND,  staff  to  Representative   Mike  Chenault,                                                               
introduced  HB 184.  The bill  is being  proposed so  that people                                                               
will  be  able  to look  at  one  law  as  the single  and  final                                                               
authority regarding firearm regulation.                                                                                         
                                                                                                                                
CHAIR SEEKINS said his amendment proposes  to add a section to HB                                                               
184 that  allows possession of a  firearm in a motor  vehicle for                                                               
someone  who may  legally possess  the firearm.  A person  cannot                                                               
prohibit  an  individual  for possessing  a  firearm  while  that                                                               
firearm is inside the motor vehicle.                                                                                            
                                                                                                                                
10:39:17 AM                                                                                                                   
SENATOR GENE  THERRIAULT suggested they have  the drafters review                                                               
the amendment.                                                                                                                  
                                                                                                                                
SENATOR  HOLLIS  FRENCH  asked  whether there  was  a  state  law                                                               
addressing possession of a firearm  in a vehicle. A city couldn't                                                               
enact a firearm  law if there was already a  state law addressing                                                               
the issue.                                                                                                                      
                                                                                                                                
CHAIR  SEEKINS  clarified  currently  Alaska  law  allows  for  a                                                               
private party to outlaw firearms on their property.                                                                             
                                                                                                                                
10:40:14 AM                                                                                                                   
MR. RYAN JUDY agreed. He said  Chugach electric has a weapon free                                                               
policy. Employees  have been told  not to have firearms  in their                                                               
vehicles   in  the   parking  lot.   This  allows   employers  to                                                               
effectively disarm their employees.                                                                                             
                                                                                                                                
10:42:13 AM                                                                                                                   
SENATOR  GRETCHEN  GUESS  asked  for a  comparison  so  that  the                                                               
changes would be easy to follow.                                                                                                
                                                                                                                                
MR. DELAND agreed to provide a comparison.                                                                                      
                                                                                                                                
MR.  JUDY  commented  the  National  Rifle  Association  strongly                                                               
supports HB  184 because it  would standardize all  firearms laws                                                               
across the state and nullify the city laws.                                                                                     
                                                                                                                                
10:44:51 AM                                                                                                                   
Where there  are not  uniform laws in  place there  is confusion.                                                               
Further anti-gun proposals threaten citizens' rights.                                                                           
                                                                                                                                
10:47:02 AM                                                                                                                   
Local jurisdictions should have  authority over discharge, zoning                                                               
decisions, and  municipal government buildings. The  intent is to                                                               
make all  laws uniform  but give  local municipalities  some free                                                               
reign in certain areas.                                                                                                         
                                                                                                                                
10:48:51 AM                                                                                                                   
CHAIR SEEKINS advised the committee  would look at two amendments                                                               
for  the bill  when they  reconvene. He  recessed the  meeting at                                                               
10:50:17 AM.                                                                                                                  

Document Name Date/Time Subjects