Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/10/2018 09:00 AM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SJR1|| SB127|| HB214 | |
| SJR14 | |
| HJR21 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SJR 14 | TELECONFERENCED | |
| += | HJR 21 | TELECONFERENCED | |
| + | HB 44 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 10, 2018
9:04 a.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Pete Kelly
Senator Mike Shower
MEMBERS ABSENT
Senator Bill Wielechowski
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 14
Proposing an amendment to the Constitution of the State of
Alaska relating to notice and consent before termination of a
minor's pregnancy.
- HEARD & HELD
HOUSE JOINT RESOLUTION NO. 21
Urging the federal government to respect the authority of the
state to regulate marijuana use, production, and distribution
and to honor previous federal guidance on marijuana policy; and
urging the federal government to reconsider its listing of
marijuana as a schedule I controlled substance.
- HEARD & HELD
CS FOR SS FOR HOUSE BILL NO. 44(STA)
"An Act requiring a legislator to abstain from taking or
withholding official action or exerting official influence that
could benefit or harm an immediate family member or certain
employers; and requiring a legislator to request to be excused
from voting in an instance where the legislator may have a
financial conflict of interest."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SJR 14
SHORT TITLE: CONST. AM: PARENTAL CONSENT TO ABORTION
SPONSOR(s): SENATOR(s) OLSON
02/19/18 (S) READ THE FIRST TIME - REFERRALS
02/19/18 (S) JUD, FIN
03/02/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/02/18 (S) Heard & Held
03/02/18 (S) MINUTE(JUD)
03/16/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/16/18 (S) <Bill Hearing Canceled>
03/23/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/23/18 (S) -- MEETING CANCELED --
04/04/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/04/18 (S) <Bill Hearing Canceled>
04/06/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/06/18 (S) -- MEETING CANCELED --
04/09/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/09/18 (S) -- Public Testimony --
BILL: HJR 21
SHORT TITLE: FEDS RESPECT STATE REG OF MARIJUANA
SPONSOR(s): REPRESENTATIVE(s) GUTTENBERG
04/16/17 (H) READ THE FIRST TIME - REFERRALS
04/16/17 (H) JUD
05/12/17 (H) STA REPLACES JUD REFERRAL
05/12/17 (H) BILL REPRINTED 5/12/17
05/16/17 (H) STA AT 3:00 PM GRUENBERG 120
05/16/17 (H) -- MEETING CANCELED --
02/05/18 (H) SPONSOR SUBSTITUTE INTRODUCED
02/05/18 (H) READ THE FIRST TIME - REFERRALS
02/05/18 (H) STA
02/13/18 (H) STA AT 3:15 PM GRUENBERG 120
02/13/18 (H) Heard & Held
02/13/18 (H) MINUTE(STA)
02/15/18 (H) STA AT 3:15 PM GRUENBERG 120
02/15/18 (H) Moved SSHJR 21 Out of Committee
02/15/18 (H) MINUTE(STA)
02/16/18 (H) STA RPT 1DP 5NR 1AM
02/16/18 (H) DP: KREISS-TOMKINS
02/16/18 (H) NR: TUCK, BIRCH, KNOPP, WOOL, JOHNSON
02/16/18 (H) AM: LEDOUX
03/19/18 (H) TRANSMITTED TO (S)
03/19/18 (H) VERSION: SSHJR 21
03/21/18 (S) READ THE FIRST TIME - REFERRALS
03/21/18 (S) JUD
04/04/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/04/18 (S) Scheduled but Not Heard
04/09/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/09/18 (S) LEGISLATIVE ETHICS: VOTING & CONFLICTS
WITNESS REGISTER
REPRESENTATIVE DAVID GUTTENBERG
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SSHJR 21
ACTION NARRATIVE
9:04:09 AM
CHAIR JOHN COGHILL reconvened the 4/9/2018 Senate Judiciary
Standing Committee meeting at 9:04 a.m. on 4/10/2018. Present
were Senators Costello, Shower, Kelly, and Chair Coghill.
SJR 1-CONST AM: GUARANTEE PERM FUND DIVIDEND
SB 127-CRIMINAL LAW;PAROLE;PROBATION;SENTENCING
HB 214-BREE'S LAW; DATING VIOLENCE PROGRAMS
9:04:18 AM
CHAIR COGHILL explained that when he recessed the meeting
yesterday afternoon he was under the impression that SJR 1, SB
127, and HB 214 had been discharged from committee thus there
was no need to address Senator Wielechowski's motion (on 4/7/18)
to move SJR 1 from committee. That was incorrect, but as of
today all three bills have been discharged from the committee
per Uniform Rule 48(b). Therefore, Senator Wielechowski's motion
has been satisfied.
SJR 14-CONST. AM: PARENTAL CONSENT TO ABORTION
9:05:41 AM
CHAIR COGHILL advised that he initially intended to vet the
committee substitute (CS) for SJR 14, take public testimony, and
potentially move the bill, but just before he came to the
meeting he learned about a forthcoming significant rewrite to
SJR 14. He asked Senator Costello to rescind her motion to adopt
the CS.
9:06:28 AM
SENATOR COSTELLO rescinded her motion to adopt the CS for SJR
14, version 30-LS1472\D, as the working document.
CHAIR COGHILL found no objection and SJR 14, version A, was
before the committee. He stated that he would hold SJR 14 in
committee awaiting the forthcoming committee substitute. He
apologized to those who were waiting to testify.
9:08:08 AM
At ease
HJR 21-FEDS RESPECT STATE REG OF MARIJUANA
9:09:12 AM
CHAIR COGHILL reconvened the meeting and announced the
consideration of HJR 21. [SSHJR 21 is before the committee and
this is the first hearing.]
9:10:15 AM
REPRESENTATIVE DAVID GUTTENBERG, Alaska State Legislature,
Juneau, Alaska, sponsor, stated that HJR 21 addresses the
conflict between federal statutes dealing with marijuana and the
state's constitution. He advised that he would review each
clause of the resolution similar to a sectional analysis.
The first "WHEREAS" talks about the right of privacy under the
Constitution of the State of Alaska.
The second "WHEREAS" talks about the Alaska Supreme Court Ravin
decision.
The third "WHEREAS" talks about Ballot Measure No. 2 that passed
on November 4, 2014.
The fourth "WHEREAS" talks about the rescinded Cole memo, which
was a pragmatic approach to deal with the conflict between
federal law and states that have legalized the use of both
recreational and medical marijuana.
The fifth "WHEREAS" talks about the state regulations that
respect and support the federal priorities listed in the Cole
memo.
The sixth "WHEREAS" talks about the American Medical Association
urging the federal government to reevaluate listing marijuana as
a schedule I controlled substance.
The seventh WHEREAS" talks about the letter Alaska Attorney
General Jahna Lindemuth sent to U.S. Attorney General Jeff
Sessions regarding the federal government's marijuana
enforcement policies.
The eighth "WHEREAS" talks about asking the U.S. Congress to
allow states that have legalized medical or recreational use of
marijuana to address the conflict in the banking system.
The ninth "WHEREAS" talks about the letter governors from
Alaska, Colorado, Washington, and Oregon sent urging U.S.
Attorney General Jeff Sessions and U.S. Secretary of the
Treasury Steve Mnuchin to engage with states that have legalized
marijuana before embarking on changes to the federal regulatory
and enforcement systems.
The tenth "WHEREAS" talks about the letters Governor Walker sent
to U.S. Attorney General Jeff Sessions urging the federal
government to maintain policies that respect the state's
regulatory authority regarding state-licensed marijuana
businesses.
The eleventh "WHEREAS" talks about the letter Senators Lisa
Murkowski and Dan Sullivan, along with 14 other senators, sent
to the director of the U.S. Department of the Treasury's
Financial Crimes Enforcement Network expressing continuing
support for guidance on the banking system.
He opined that what to do with the cash from these businesses
has become a major conflict and exposes the entire process to
crime.
The twelfth "WHEREAS" talks about H.R. 4779 that U.S.
Representative Don Young is cosponsoring, which would prohibit
the U.S. Justice Department from using federal funds to act
against individuals or property involved in the cultivation,
distribution, possession, dispensation, or use of cannabis as
long as those activities are in compliance with state and local
regulations.
The final "WHEREAS" asks U.S. Attorney General Jeff Sessions not
to use federal policy to undermine federal policies.
The first resolve talks about the Alaska State Legislature
urging the federal government to respect the authority of the
State of Alaska to regulate marijuana.
The second resolve talks about the Alaska State Legislature
urging the federal government to reconsider listing marijuana as
a federal schedule I controlled substance.
REPRESENTATIVE GUTTENBERG explained that Assistant Attorney
General Cole authored a memo that said the federal government
will not come after states that have legalized medical or
recreational marijuana if they have set up a regulatory
framework that prioritizes the federal marijuana enforcement
objectives listed in the WHEREAS" at the top of page 2.
Rescinding that memo returns things to a dysfunctional system,
he said.
REPRESENTATIVE GUTTENBERG summarized that HJR 21 urges the
federal government to respect the state's authority to regulate
marijuana and to reconsider listing marijuana as a schedule I
controlled substance.
9:17:51 AM
CHAIR COGHILL shared his view that the Cole memo scoffed at the
law trying to give some comfort to the states whose laws were in
tension with the federal government. He said he may disagree
with the sponsor's approach, but the final analysis that the
state is moving on and the federal government should move with
it is totally appropriate.
He thanked the sponsor and committed to work together on any
changes. He held HJR 21 in committee for future consideration.
9:19:58 AM
CHAIR COGHILL adjourned the Senate Judiciary Standing Committee
meeting at 9:19 a.m.
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