03/28/2016 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB112 | |
| SB8 | |
| SB165 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 8 | TELECONFERENCED | |
| += | SB 165 | TELECONFERENCED | |
| += | SB 112 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 28, 2016
2:11 p.m.
MEMBERS PRESENT
Senator John Coghill, Vice Chair
Senator Mia Costello
Senator Peter Micciche
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Lesil McGuire, Chair
COMMITTEE CALENDAR
SENATE BILL NO. 112
"An Act establishing procedures related to a petition for
adoption of a child in state custody; adding a definition of
'proxy for a formal petition'; amending Rule 6(a), Alaska
Adoption Rules; and providing for an effective date."
- MOVED CSSB 112(JUD) OUT OF COMMITTEE
SENATE BILL NO. 8
"An Act relating to the regulation and production of industrial
hemp."
- HEARD & HELD
SENATE BILL NO. 165
"An Act relating to the presence of minors in the licensed
premises of manufacturers, wholesalers, and retailers of
alcoholic beverages; relating to the Alcoholic Beverage Control
Board; relating to the offense of minor consuming; relating to
revocation of a driver's license for a minor consuming offense;
relating to the effect of the revocation of a driver's license
for a minor consuming offense on a motor vehicle liability
insurance policy; and amending Rule 17, Alaska Rules of Minor
Offense Procedure."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 112
SHORT TITLE: ADOPTION OF CHILD IN STATE CUSTODY
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
04/16/15 (S) READ THE FIRST TIME - REFERRALS
04/16/15 (S) HSS, JUD
01/25/16 (S) HSS AT 1:30 PM BUTROVICH 205
01/25/16 (S) Heard & Held
01/25/16 (S) MINUTE(HSS)
02/22/16 (S) HSS AT 1:30 PM BUTROVICH 205
02/22/16 (S) Moved CSSB 112(HSS) Out of Committee
02/22/16 (S) MINUTE(HSS)
02/24/16 (S) HSS RPT CS 1DP 2DNP 2NR NEW TITLE
02/24/16 (S) DP: ELLIS
02/24/16 (S) DNP: KELLY, STOLTZE
02/24/16 (S) NR: STEDMAN, GIESSEL
03/02/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/02/16 (S) Scheduled but Not Heard
03/16/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/16/16 (S) Heard & Held
03/16/16 (S) MINUTE(JUD)
03/28/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 8
SHORT TITLE: INDUSTRIAL HEMP PRODUCTION LICENSES
SPONSOR(s): SENATOR(s) ELLIS
01/21/15 (S) PREFILE RELEASED 1/9/15
01/21/15 (S) READ THE FIRST TIME - REFERRALS
01/21/15 (S) RES, JUD, FIN
03/20/15 (S) RES AT 3:30 PM BUTROVICH 205
03/20/15 (S) Heard & Held
03/20/15 (S) MINUTE(RES)
03/27/15 (S) RES AT 3:30 PM BUTROVICH 205
03/27/15 (S) Moved SB 8 Out of Committee
03/27/15 (S) MINUTE(RES)
03/30/15 (S) RES RPT 1DP 4NR
03/30/15 (S) DP: WIELECHOWSKI
03/30/15 (S) NR: GIESSEL, COSTELLO, COGHILL,
MICCICHE
04/10/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/10/15 (S) -- MEETING CANCELED --
03/23/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/23/16 (S) <Bill Hearing Canceled>
03/28/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 165
SHORT TITLE: ALCO. BEV. CONT. BOARD; MINORS; ALCOHOL
SPONSOR(s): SENATOR(s) MICCICHE
02/01/16 (S) READ THE FIRST TIME - REFERRALS
02/01/16 (S) L&C, JUD
02/11/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/11/16 (S) Scheduled but Not Heard
02/23/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/23/16 (S) Heard & Held
02/23/16 (S) MINUTE(L&C)
03/08/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/08/16 (S) Moved CSSB 165(L&C) Out of Committee
03/08/16 (S) MINUTE(L&C)
03/09/16 (S) L&C RPT CS 5DP SAME TITLE
03/09/16 (S) DP: COSTELLO, GIESSEL, MEYER, STEVENS,
ELLIS
03/23/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/23/16 (S) <Bill Hearing Canceled>
03/28/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
CHRISTY LAWTON, Director
Office of Children's Service
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Presented information on SB 112.
MELANIE BAHNKE, President
Kawerak, Inc
Nome, Alaska
POSITION STATEMENT: Testified in support of SB 112.
NICOLE BORROMEO, General Counsel
Alaska Federation of Natives
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 112.
KATHERINE LYBRAND, Assistant Attorney General
Child Protection Services
Civil Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Presented information on SB 112.
ELIZABETH MEDICINECROW, President & CEO
First Alaskans Institute
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 112.
SENATOR JOHNNY ELLIS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 8.
SARAH EVANS, Staff
Senator Johnny Ellis
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 8.
FRANK TURNEY, Hemp Activist
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 8.
KAT UTLEY, representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 8.
CHUCK KOPP, Staff
Senator Peter Micciche
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SB 165 on behalf of
the sponsor.
CYNTHIA FRANKLIN, Director
Alcohol Beverage and Control (ABC) Board and
Marijuana Control Board
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Provided information on SB 165.
ACTION NARRATIVE
2:11:57 PM
VICE CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 2:11 p.m. Present at the call to
order were Senators Costello, Wielechowski, and Vice Chair
Coghill. He reviewed the agenda.
SB 112-ADOPTION OF CHILD IN STATE CUSTODY
2:13:17 PM
VICE CHAIR COGHILL announced the consideration of SB 112. He
noted this is the second hearing and there is a new committee
substitute (CS).
SENATOR COSTELLO moved to adopt the work draft CS for SB 112,
labeled 29-GS1262\I, as the working document.
VICE CHAIR COGHILL objected for discussion purposes.
2:14:01 PM
At ease
2:14:19 PM
VICE CHAIR COGHILL listed the individuals available to answer
questions and asked Ms. Lawton to describe the changes in
version I.
CHRISTY LAWTON, Director, Office of Children's Service,
Department of Health and Social Services (DHSS), presented
information on SB 112. She noted the only difference between
versions P and I are the words "interested in immediate
permanent placement" added on page 8, lines 3 and [8] of version
I. This language would mirror language in other sections of the
bill.
SENATOR COSTELLO asked whether "family friend" is in the bill.
MS. LAWTON clarified that she meant to say "family member."
She continued to explain that the bill achieves several things.
It brings the concept of one judge/one family for all legal
proceedings that might occur for a child into Child in Need of
Aid (CINA) matters. This will create efficiencies, save money,
and expedite the process of children going into, or leaving,
foster care. The bill also provides a vehicle to ensure
provisions under the 1978 Indian Child Welfare Act (ICWA) that
specify adoption placement preferences for American Indian and
Alaska Native Children are preserved.
She related that a U.S. Supreme Court case last year made a
decision that did not consider adoption preferences under ICWA.
She stated that DHSS wanted to preserve what is intended under
ICWA. The proxy in SB 112 is intended to do that. She concluded
that the bill benefits all Alaskans and complies with federal
law.
VICE CHAIR COGHILL withdrew his objection and version I was
before the committee.
He opened public testimony.
2:20:12 PM
MELANIE BAHNKE, President, Kawerak, Inc., testified in support
of SB 112. She related three reasons Kawerak supports the bill.
It does away with adoption barriers for Alaska Native families
by defining a proxy in lieu of a formal petition for adoption.
It ties adoption proceedings with the underlying CINA
proceedings, which will save the state resources and money. It
also furthers the state's compliance with ICWA.
2:22:20 PM
NICOLE BORROMEO, General Counsel, Alaska Federation of Natives
(AFN), testified in support of SB 112. She echoed comments of
the previous two speakers. She noted that AFN has been working
hard with the department on this issue.
SENATOR COSTELLO thanked Ms. Borromeo for calling in.
SENATOR WIELECHOWSKI asked about Section 2 regarding what
happens if a party objects to the venue where the proceedings
take place.
MS. LAWTON replied the intention is to get the parties to agree.
If someone objects, the hearing would stay within the CINA
proceeding. She did not expect many objections.
SENATOR WIELECHOWSKI asked what happens if there is an out-of-
state petitioner.
2:25:36 PM
KATHERINE LYBRAND, Assistant Attorney General, Child Protection
Services, Civil Division, Department of Law, presented
information on SB 112. She explained that the bill does not
consider out-of-state petitioners. Those individuals would have
to go through the interstate compact for placement of children
process.
SENATOR WIELECHOWSKI asked if tribal courts could preside over
guardianship or adoption proceedings.
MS. LYBRAND responded that the bill will not affect tribal
jurisdiction proceedings. She provided an example.
SENATOR WIELECHOWSKI noted U.S. Supreme Court cases regarding
this issue and inquired whether Alaska recognizes tribal court
decisions.
MS. LYBRAND clarified that SB 112 does not seek to modify tribal
jurisdiction.
SENATOR WIELECHOWSKI asked what happens when one parent wants to
go through a tribal court and the other does not.
2:27:40 PM
MS. LAWTON explained that in Alaska there are three tribes that
have exclusive jurisdiction over CINA proceedings. The state
holds concurrent jurisdiction over all other tribes. When there
is a family member who is not happy with the state's
jurisdiction, the courts and tribal courts try to solve the
disagreement.
VICE CHAIR COGHILL said it is an area of growing law. This bill
allows for collaborating at the highest level possible.
2:28:37 PM
ELIZABETH MEDICINECROW, President & CEO, First Alaskans
Institute, testified in support of SB 112. She said that First
Alaskans Institute is a statewide non-profit organization. She
stressed that every child, in their eyes, is a leader. She
described some of the Institute's programs and the importance of
children's connection to their communities, families, and
cultures. She thanked the committee for its work.
2:30:17 PM
VICE CHAIR COGHILL agreed that every child is a leader.
He withdrew his objection.
2:30:52 PM
SENATOR COSTELLO moved to report the CS for SB 112(JUD), version
29-GS1262\I, from committee with individual recommendations and
attached zero fiscal notes.
VICE CHAIR COGHILL announced that without objection, CSSB
112(JUD) is reported from the Senate Judiciary Standing
Committee.
SB 8-INDUSTRIAL HEMP PRODUCTION LICENSES
2:31:41 PM
VICE CHAIR COGHILL announced the consideration of SB 8. He noted
this is the first hearing on the bill.
2:32:17 PM
SENATOR JOHNNY ELLIS, Alaska State Legislature, as sponsor,
introduced SB 8. He stated that the bill would change state law
to make the cultivation of industrial hemp legal. He called it
the "Freedom to Farm" bill. He said there is a committee
substitute (CS) for the committee to consider and it has no
fiscal impact. He noted there has been no opposition to the bill
and it has received statewide support. The bill says "no" to
federal overreach.
SENATOR ELLIS related that industrial hemp is an ancient crop
that has been cultivated by humans for thousands of years. Hemp
got caught up in the anti-drug hysteria at the federal level in
a very ignorant fashion. He said that George Washington, John
Adams, and Thomas Jefferson all grew hemp on their personal
farms. The first draft of the U. S. Constitution was written on
hemp paper.
He stated that Alaskan industrial hemp production is a tool to
fight federal overreach. SB 8 gives Alaskans the freedom to farm
and rejects any need for federal approval. The freedom to farm
issue also brings Republicans and Democrats together, even on
the federal level. At least 28 other states embrace pilot
studies and/or hemp production.
He referred to a handout that described the uses and benefits of
hemp.
2:37:25 PM
VICE CHAIR COGHILL asked if version W was before the committee.
He said he is supportive of the bill.
2:37:54 PM
SENATOR COSTELLO moved to adopt the work draft CS for SB 8,
labeled 29-LS0195\W, as the working document.
VICE CHAIR COGHILL objected for discussion.
2:38:21 PM
SARAH EVANS, Staff, Senator Johnny Ellis, Alaska State
Legislature, presented the sectional analysis of SB 8. She said
Section 1 defines industrial hemp, which means all parts and
varieties of the plant containing not more than .3 percent THC.
Section 2 is amended by adding a new subsection to read:
In a prosecution under AS 11.71.030 - 11.71.060
charging the manufacture, delivery, possession,
possession with intent to manufacture or deliver, or
display of a schedule VIA controlled substance, it is
an affirmative defense that the controlled substance
is industrial hemp.
VICE CHAIR COGHILL said it is a schedule VIA drug.
MS. EVANS continued to say that Section 3 adds a new subsection:
An individual manufacturing, delivering, or displaying
industrial hemp is not required to apply for licensure
or be licensed under this section. In this subsection,
"industrial hemp" has the meaning given in AS
11.71.900.
VICE CHAIR COGHILL asked for the genesis of the change.
MS. EVANS explained that in the previous version of the bill,
there were a variety of licenses and permits required. After
checking with the Department of Agriculture, she found that
industrial hemp did not require those licenses and permits
because industrial hemp is legal.
2:42:26 PM
VICE CHAIR COGHILL opened public testimony.
2:42:32 PM
FRANK TURNEY, Hemp Activist, testified in support of SB 8. He
noted the support of many others for the bill, such as the City
of Fairbanks, North Star Borough Assembly member John Davies,
and the North Pole City Council. He agreed that Alaska should
embrace this economic, free-market opportunity. He pointed out
that the United States imports approximately 2 billion hemp
products annually. He said there are over 50,000 products that
can be made out of hemp. He thanked Senator Ellis for the bill.
KAT UTLEY, representing herself, testified in support of SB 8.
She said she and her husband are peony growers and she spoke in
support of the hemp farming industry. She shared information
about the benefits of hemp plants and the potential for jobs.
VICE CHAIR COGHILL kept public testimony open.
He removed his objection and version W was adopted.
He held SB 8 in committee.
2:51:27 PM
At ease
SB 165-ALCO. BEV. CONT. BOARD; MINORS; ALCOHOL
2:52:12 PM
VICE CHAIR COGHILL announced the consideration of SB 165. He
noted this is the first hearing and public testimony would be
taken at the next meeting. [CSSB 165(L&C) was before the
committee.]
2:52:45 PM
SENATOR PETER MICCICHE, sponsor of SB 165, explained that the
bill would provide a good balance of representation to the
Alcoholic Beverage Control (ABC) Board and decriminalizes youth
for simple alcohol possession and consumption. It also puts in
place proper accountability measures. The bill opens a new
horizon of opportunity for youth who have made a mistake
consuming alcohol in the past.
He pointed out that this legislation is part of an on-going,
comprehensive, multi-year modernization process for Title 4.
There is a lot left to work on. SB 165 contains two simple
pieces that were agreed upon by the coalition. Title 4 is
largely unchanged since 1980 and is outdated and ineffectual in
carrying out the intent of the statute which directly impacts
Alaska residents' public safety, public health, and the alcohol
beverage industry.
He noted that the Senate Labor and Commerce Committee made
several changes to the bill in response to feedback from
community and industry members, as well as from justice system
practitioners. He said he is particularly pleased by the
addition of the Community Diversion Panel, which is a recognized
treatment alternative for minor consuming alcohol offenses.
He concluded that the ABC Board composition changes proposed in
the bill mirror the makeup of the Marijuana Board. He felt very
strongly about the minor consuming law revisions.
CHUCK KOPP, Staff, Senator Peter Micciche, Alaska State
Legislature, provided an overview of SB 165.
2:55:54 PM
SENATOR COSTELLO moved to adopt CSSB 165(L&C), labeled 29-
LS1384\W, as the working document. There being no objection,
version W was before the committee.
2:56:44 PM
CYNTHIA FRANKLIN, Executive Director, Alcohol Beverage and
Control (ABC) Board and Marijuana Control Board, Department of
Commerce, Community and Economic Development (DCCED), provided
information on SB 165. She stated that the ABC Board's mission
is to control the manufacture, barter, possession, and sale of
alcoholic beverages in the state. She said that most of Title 4
has not been updated since 1980 and the industry has grown and
changed since then. Much has been learned about youth access to
alcohol and what is, and is not, effective in convincing youth
to wait to use alcohol until they are of legal age.
She said the Title 4 review process, which began in May of 2012,
attempted to bring together stakeholders from all aspects of the
alcohol issue. The goals are to promote a fair business climate,
protect public health and safety, create rational regulations
around all tiers of the alcohol industry while limiting youth
access to alcohol and ensuring youth are not criminalized, and
to promote responsible alcohol use and reduce the harms of
overconsumption. The process is still on-going and the bill is a
part of this larger effort.
2:59:26 PM
MR. KOPP provided the genesis of the bill. Following a 3-year
review and update by stakeholders, SB 99 was introduced in April
of 2015. In December 2015 the steering committee recommended a
new two-track process for the Title 4 rewrite. Elements of SB 99
that could be implemented now were inserted into SB 165. This
will benefit young Alaskans and align the ABC Board and the
Marijuana Control Board.
He described planned future work that would lead to a full
package of recommendations next year. He concluded that SB 165
focuses on minors on licensed premises, minors in possession or
consuming, and ABC Board member composition.
3:01:33 PM
MS. FRANKLIN reported that SB 165 creates additional
designations of a public safety seat and a public health seat,
replacing two public seats on the ABC Board. She related that
this composition mirrors that of the Marijuana Control Board's
two industry seats. She opined that there is little difference
between the two boards.
She turned to the work on minor consuming penalties, most of
which are for first offenses and one-charge situations. The bill
decriminalizes minor consuming and makes it a violation. Having
heavy penalties creates life-long complications. The bill
attempts to get clear, concise enforcement because current court
hearing scheme looks very disparate, both racially and socio
economically.
3:05:12 PM
MR. KOPP said, in addition, the bill would spare minors from
appearing on CourtView, which can limit jobs and federal student
loans. The bill also gets rid of places in the law where a
minor's motor vehicle insurance and driver's license can be
cancelled for non-driving offenses.
3:05:59 PM
MR. KOPP presented the sectional changes made in Senate Labor &
Commerce. In Section 1, the section that related to the
executive director's position was removed so as to not influence
or politicize any board appointment. It now consists of only the
board makeup.
In Section 8 a reference to community diversion panels was added
to ensure that youth courts and tribal circles are among the
options available to youth for alcohol education and treatment
Section 9 has a stylistic change from "under the age of 21" to
"under 21 years of age." It also adds a reference to community
diversion panels.
Section 10, deleted from the previous version, was renumbered
because it inadvertently limited court discretion in youth
enrolling in the Juvenile Alcohol Safety Action Program.
Section 11 amended court records of persons under 21 years of
age, adding the terms "or a similar ordinance of a municipality"
making clear that if state law is changed to keep minor
consuming and alcohol possessions off of CourtView, municipal
charges would also remain off of CourtView.
He concluded that a definitions of "community diversion panel"
was also added, and the applicability section was amended to
reflect changes. He noted a minor amendment is needed to
complete the community diversion panel definition.
3:08:21 PM
VICE CHAIR COGHILL noted the importance of public testimony and
assured everyone it would be made available at the next meeting.
He said there is a proposed amendment to SB 165.
He held SB 165 in committee.
3:09:25 PM
There being no further business to come before the committee,
Vice Chair Coghill adjourned the Senate Judiciary Standing
Committee at 3:09 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 165 Amendment Document.pdf |
SJUD 3/28/2016 1:30:00 PM |
SB 165 |
| SB 165 Letter of Opposition Ellsworth.pdf |
SJUD 3/28/2016 1:30:00 PM |
SB 165 |
| SB 165 MSBC Letter opposition.pdf |
SJUD 3/28/2016 1:30:00 PM |
SB 165 |
| SB 165 Opposition Biwer.msg |
SJUD 3/28/2016 1:30:00 PM |
SB 165 |
| SB 165 Opposition Cunningham.msg |
SJUD 3/28/2016 1:30:00 PM |
SB 165 |
| SB 165 Version W.pdf |
SJUD 3/28/2016 1:30:00 PM |
SB 165 |
| SB 112 CS Version I.pdf |
SJUD 3/28/2016 1:30:00 PM |
SB 112 |
| SB 112 Letter of Support Nome Eskimo Community.pdf |
SJUD 3/28/2016 1:30:00 PM |
SB 112 |
| SB 165 Support Klien Jessee.pdf |
SJUD 3/28/2016 1:30:00 PM |
SB 165 |
| SB 8 Alaskan Senator Pushes for Hemp Legalization.pdf |
SJUD 3/28/2016 1:30:00 PM |
SB 8 |
| SB 8 Testimony Barrett.pdf |
SJUD 3/28/2016 1:30:00 PM |
SB 8 |
| SB 165 Fiscal Note Courts.pdf |
SJUD 3/28/2016 1:30:00 PM |
SB 165 |