Legislature(1999 - 2000)
01/24/2000 01:44 PM Senate JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
January 24, 2000
1:44 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator John Torgerson
Senator Johnny Ellis
MEMBERS ABSENT
Senator Rick Halford, Vice-Chairman
Senator Dave Donley
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 3(JUD)
"An Act relating to controlled substances and to the possession of
certain chemicals."
- MOVED CSHB 3(JUD) OUT OF COMMITTEE
CS FOR HOUSE JOINT RESOLUTION NO. 7(FIN) am
Proposing an amendment to the Constitution of the State of Alaska
relating to initiative and referendum petitions.
- HEARD AND HELD
CS FOR HOUSE BILL NO. 45(FIN) am
"An Act relating to initiative and referendum petitions; and
providing for an effective date."
- HEARD AND HELD
PREVIOUS SENATE COMMITTEE ACTION
CSHB 3(JUD)am - No previous action.
CSHJR 7(FIN)am - No previous action.
CSHB 45(FIN)am - No previous action.
WITNESS REGISTER
Representative Tom Brice
Alaska State Capitol
Juneau, Alaska 99801
POSITION STATEMENT: Sponsor of HB 3
Mr. Gerald P. Luckhaupt
Legislative Counsel
Legislative Affairs Agency
Juneau, Alaska 99801
POSITION STATEMENT: Testified on HB 3
Ms. Nancy Bukar
Consumer Health Assn.
Washington, D.C.
POSITION STATEMENT: Supported HB 3
Representative Bill Williams
Alaska State Capitol
Juneau, Alaska 99801
POSITION STATEMENT: Sponsor of HJR 7 and HB 45
Mr. Pete Buist
P.O. Box 71561
Fairbanks, Alaska 99509
POSITION STATEMENT: Supported HJR 7
Mr. Dick Bishop
Alaska Outdoor Council
P.O. Box 73902
Fairbanks, Alaska 99707
POSITION STATEMENT: Supported HJR 7 and HB 45
Mr. Scott Kohlhaas
204 East 15th Avenue, #604
Anchorage, Alaska 99501
POSITION STATEMENT: Against HJR 7 and HB 45
Mr. Ken Jacobus
425 G Street, #920
Anchorage, Alaska 99501
POSITION STATEMENT: Against HB 45
Mr. Al Anders
2800 Valleywood Drive, #B
Anchorage, Alaska 99517
POSITION STATEMENT: Against HB 45
Mr. Bob Croom, Sr.
Box 4029
Anchorage, Alaska 99548
POSITION STATEMENT: Against HB 45
Mr. Dick Coose
Ketchikan, Alaska
POSITION STATEMENT: Supports HB 45 and HJR 7
Mr. Gabe Sam
Tanana Chiefs Conference
122 1st Avenue, Suite 600
Fairbanks, Alaska 99707
POSITION STATEMENT: Supports HJR 7
ACTION NARRATIVE
TAPE 00-2, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:44 p.m. and announced HB 3 would be the first order of
business.
HB 3-DRUGS: POSSESSION OF LISTED CHEMICALS
REPRESENTATIVE BRICE, sponsor of HB 3, stated that methamphetamine
(METH) is a drug that is easily cooked using accessible chemicals.
METH is known as "speed," "crank" and "ice" and is made from
sudafed. The manufacturing process is volatile and dangerous
because of the type of chemicals used, causing a tremendous health
risk for the public and the manufacturer. Improper hygiene while
manufacturing is also a public health risk. The police are having
to send the chemicals to labs for specific identification before
they can make an arrest. This legislation would allow the police
to make an arrest at the scene of the crime.
MR. GERALD P. LUCKHAUPT, legal counsel, explained the bill creates
a new class of chemical that would be identified as essential in
the manufacturing of METH and are usually legal to possess. If
persons possess these chemicals with the intent to manufacture
METH, the penalties are increased. The penalty is now a Class B
felony and would increase to Class A--because of the danger and
because of the cleanup costs.
Section 4 provides for the regulation of over-the-counter drugs.
Normally, these drugs are not regulated by the state and
possession is not a crime, but possession with the intent to
manufacture an illegal drug would now be illegal in Alaska.
Section 5 identifies the chemicals essential for the manufacture of
METH. These chemicals are all identified in federal law. Federal
law makes it illegal to possess these chemicals without fulfilling
the regulatory requirements--paperwork must be completed by the
wholesaler and client before purchasing these chemicals.
Number 563
REPRESENTATIVE BRICE stated that many of the chemicals used in the
production of METH come from "cold remedies," and the intent of
this legislation is not to make these products illegal unless they
are used for making METH.
CHAIRMAN TAYLOR asked if there was an objective standard within
this legislation concerning intent.
MR. LUCKHAUPT answered that intent would be determined by
possession of the listed chemicals, glassware, cookbooks, and by
statements made when renting or when obtaining the ingredients. It
would be similar to the way agents make their cases now.
CHAIRMAN TAYLOR asked if Alaska was behind other states in passing
this type of legislation.
MR. LUCKHAUPT responded that 20 to 25 states have this legislation
and a few states have more expansive laws. The registration
process is somewhat problematic, the benefits of registration
have to be weighed against the costs imposed on business.
CHAIRMAN TAYLOR asked if the registration process was for
businesses that have to report the sale of chemicals.
MR. LUCKHAUPT responded yes. The registration process is now used
through the federal registry.
SENATOR TORGERSON asked if the list of chemicals in this
legislation was the same as the federal list.
MR. LUCKHAUPT answered the federal government identifies List 1 and
List 2 chemicals. Possession of List 1 chemicals, with the intent
to manufacture, provides for a higher penalty than a List 2
chemical. This legislation combines List 1 and 2 chemicals and
adds a few others.
SENATOR TORGERSON was worried about a regulation that would come
out of this legislation putting restrictions on the manufacture of
common substances such as "salt."
Number 1068
MR. LUCKHAUPT responded the "salt" being referenced to in the bill
is not table salt.
SENATOR TORGERSON answered that the section starts with "any salt"
and possibly that term should be deleted.
MR. LUCKHAUPT responded that he would not do that because the
nature of the chemical can be changed easily by just removing
water. "Salt" is a term used when chemicals have been reduced down
to a lesser state. This term is used because the original chemical
can be altered in such a way that it is no longer the same.
Number 1230
NANCY BUKAR, state government counsel for Consumer Health Care
Products Assn., responded that her organization has worked closely
with Representative Brice and they are pleased to see the
amendments they suggested incorporated into the bill. This bill is
similar to legislation in 18 other states, and allows over-the-
counter (OTC) products to be available to the consumer, while
penalizing those who poses OTC products for the manufacture of
METH. Her organization supports the bill in its current version.
SENATOR ELLIS thanked Representative Brice for introducing this
legislation and commented that this is an issue of great importance
to his district.
CHAIRMAN TAYLOR commented that he also supports the legislation.
SENATOR ELLIS moved to pass CSHB 3(JUD)am on to its next committee
of referral. With no objection, the motion carried.
Number 1453
HJR 7-CONST AM: INITIATIVE/REFERENDUM PETITIONS
HB 45-INITIATIVE/REFERENDUM PETITIONS
REPRESENTATIVE WILLIAMS, Sponsor of HJR 7 and HB 45, read the
following sponsor statement:
HJR 7 and HB 45 were introduced to ensure statewide
consideration and discussion of an initiative petition before
it is put on the ballot. The legislation requires signatures
equal to 10% of the ballots cast in the prior general election
(same as current law) and 4% of ballots cast from 30 of the 40
election districts.
In past elections the greatest support for initiatives has
come from one general area of the state, the Anchorage-MatSu
region. The legislation is intended to further statewide
discussion of an issue before it reaches the voters on
election day.
Alaska's population distribution is much different now than it
was when our Constitution was approved. Today, initiative
supporters can collect signatures in a limited area and get a
question on the ballot. The legislation will facilitate a
broader discussion of potential ballot questions, thus helping
to create a balanced question which considers effects on all
the citizens of Alaska.
As we write laws in the Capitol, many perspectives are taken
into account as issues are discussed through the committee
process. During this process healthy debate, from
representatives of all areas of the state, is conducted. This
healthy debate gives all members opportunity to see how their
lawmaking will affect areas that they do not represent.
Pertinent questions are asked and legislation is constantly
amended to take into account those concerns.
Currently, initiatives can be put onto the ballot with very
limited perspective. Constructive analysis of a question,
from a statewide perspective, does not currently occur. Right
now signatures equaling 10% of ballots cast is required. In
addition, initiative sponsors must obtain one signature from
27 districts. One signature from a district is hardly
representative of a district's opinion on an issue.
In closing, this legislation would get people from all over
the state more involved in the initiative process. This, in
turn, can create an atmosphere of healthy debate and ensure
questions which reach the ballot have a statewide perspective.
Number 1605
CHAIRMAN TAYLOR commented that the U.S. Supreme Court issued the
"Buckley" decision which changed some of the current statutory laws
concerning who can distribute an initiative, the type of
information on an initiative and the reporting requirements.
CHAIRMAN TAYLOR said he had been working with Representative
Williams' staff in getting Alaska law in compliance with the
supreme court decision.
Because no one on the committee has reviewed the new committee
substitute, Chairman Taylor announced the bill will be before the
committee again next week.
Number 1706
MR. PETE BUIST, Alaska Trappers Assn. and the Coalition for the
Alaskan Way of Life (CAL), stated that his organizations have seen
the common threat of "ballot box biology." Fighting reactive
campaigns against outside special interests is expensive and time
consuming. His organization supports HJR 7 in its original form,
along with some changes they have submitted. The current
initiative process makes it too easy to place an initiative on the
ballot, and he urges the committee to restore the original language
to HJR 7.
MR. DICK BISHOP, Alaska Outdoor Council (AOC), stated that AOC is
against "ballot box biology" regarding the management of fish and
wildlife. AOC advocates a constitutional amendment making fish and
wildlife issues ineligible for the initiative process. If the
legislature is unable to take this approach, AOC urges the
legislature to raise the number of petition signatures to 15% of
previous voters in each house district before the petition is
accepted.
MR. SCOTT KOHLHAAS, Libertarian Party of Alaska, stated he is
against HJR 7 and HB 45. HB 45 makes the first amendment right to
petition the government very difficult and he feels the initiative
process should be made easier and not more difficult.
MR. KEN JACOBUS, representing himself, stated there is no need for
a constitutional amendment because there is no problem now getting
information to the people. The entire process should not be harmed
to deal with one special interest group. He has sent a letter to
the committee and urges the members to read it.
CHAIRMAN TAYLOR commented the letter had not been received yet but
it would be distributed to committee members when it arrives.
Tape 00-2, Side B
MR. AL ANDERS, representing himself, stated the initiative process
is not a problem and does not need to be fixed. He feels the
process should be opened up more, and he is against HB 45 and HJR
7.
MR. BOB CROOM, SR., representing himself, stated he disagrees with
the 10% signature requirement because of the expense for rural
areas and the remoteness of much of Alaska.
MR. KEN JACOBUS stated he felt there needed to be changes in the
petition law. The provisions of the present law violate the U.S.
Constitution and need to be repealed. Removing the 30 day grace
period last year nearly killed the voluntary petition. This
almost guarantees that the only people who can petition are people
with money, and certain issues this year will not be on the ballot
because of the grace period. Another issue to be removed is the
dollar per signature limit, and public access also needs to be
reviewed.
CHAIRMAN TAYLOR acknowledged that the witnesses' comments would be
utilized on both HJR 7 and HB 45 because they are companion pieces
of legislation.
Number 1973
SENATOR ELLIS acknowledged that he agrees with Mr. Jacobus'
comments on both pieces of legislation and he will continue to
argue against restricting peoples' rights to petition the
government. The statutes from the federal case need to be cleared
up separately from this legislation.
SENATOR TORGERSON stated he agrees with both sides of the issue,
and a balance needs to be found so the process will not be too
restrictive.
CHAIRMAN TAYLOR wants to see "Buckley" utilized to clean up the
statutes and to create a clear understanding of the process.
Representative Williams' amendment may have to list fish and game
matters as ineligible for initiative action.
SENATOR ELLIS asked the Chairman for a preview of the committee
substitute.
CHAIRMAN TAYLOR said he has asked the legal drafter to work with
Representative Williams to integrate the changes that are necessary
under "Buckley."
Number 1719
MR. DICK COOSE, representing himself, stated he supports HJR 7 and
HB 45. Mr. Coose encouraged the committee members to read Undo
Influence by Ron Arnold. He wants outside influences stopped and
he feels this legislation will help.
MR. GABE SAM, Director of Wildlife and Parks for the Tanana
Chiefs Conference, read from a resolution by the Board of
Directors.
Resolution 99-19
Wildlife Management By Ballot Initiative
WHEREAS, in recent years wildlife management issues have been
brought to the voters by way of Ballot Initiatives,
which do not incorporate good science, but rely on
emotion driven by a few pictures or video clips and
allow the money to be spent on advertising; and
WHEREAS, rural residents would lose important opportunities to
provide subsistence food or cash economy by loss of an issue in
an election; and
WHEREAS, the management of fish and game resources is best left
to the professionals on a Federal Subsistence Board,
the Department of Fish and Game and the State Board of
Game; and
WHEREAS, there is a constitutional amendment (HJR 7) sponsored
by Representative Williams that would require 15% of
past voters' signatures in 3/4 of the State's election
districts for an issue to be certified for ballot
initiatives; and
WHEREAS, there is also a constitutional amendment resolution
(HJR 3) sponsored by Representative Bunde of Anchorage
that would require a 2/3 majority for any wildlife
management issue to pass by initiative.
NOW THEREFORE BE IT RESOLVED that the Tanana Chiefs Board of
Directors urges TCC staff to work in opposition to
wildlife management by ballot initiative, and to
support HJR 3 and 7 that would restrict the ability of
such issues to come to the voters.
This resolution was submitted by the McGrath Native Village
Council, last year, at their annual convention.
With no further business to come before the committee, CHAIRMAN
TAYLOR adjourned the meeting at 2:45 p.m.
| Document Name | Date/Time | Subjects |
|---|