Legislature(2023 - 2024)BUTROVICH 205

05/06/2024 01:30 PM Senate JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 228 MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE TELECONFERENCED
Moved CSHB 228(STA) AM Out of Committee
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
+= HB 238 CRIMINAL MISCHIEF 3RD DEGREE TELECONFERENCED
Moved SCS CSHB 238(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                          May 6, 2024                                                                                           
                           1:33 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Matt Claman, Chair                                                                                                      
Senator James Kaufman                                                                                                           
Senator Löki Tobin                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Jesse Kiehl, Vice Chair                                                                                                 
Senator Cathy Giessel                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 228(STA) AM                                                                             
"An Act establishing the Alaska task force for the regulation of                                                                
psychedelic medicines approved by the United States Food and                                                                    
Drug Administration; and providing for an effective date."                                                                      
                                                                                                                                
     - MOVED CSHB 228(STA) AM OUT OF COMMITTEE                                                                                  
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 238(JUD)                                                                                
"An Act relating to criminal mischief in the third degree; and                                                                  
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED SCS CSHB 238(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 228                                                                                                                  
SHORT TITLE: MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE                                                                          
SPONSOR(s): REPRESENTATIVE(s) ARMSTRONG                                                                                         
                                                                                                                                
01/16/24       (H)       PREFILE RELEASED 1/8/24                                                                                

01/16/24 (H) READ THE FIRST TIME - REFERRALS

01/16/24 (H) HSS, STA, FIN 02/02/24 (H) MLV REPLACES HSS REFERRAL 02/02/24 (H) BILL REPRINTED 02/13/24 (H) MLV AT 1:00 PM GRUENBERG 120 02/13/24 (H) Heard & Held 02/13/24 (H) MINUTE(MLV) 02/29/24 (H) MLV AT 1:00 PM GRUENBERG 120 02/29/24 (H) Heard & Held 02/29/24 (H) MINUTE(MLV) 03/05/24 (H) MLV AT 1:00 PM GRUENBERG 120 03/05/24 (H) Moved CSHB 228(MLV) Out of Committee 03/05/24 (H) MINUTE(MLV) 03/06/24 (H) MLV RPT CS(MLV) 1DNP 4NR 1AM 03/06/24 (H) DNP: SADDLER 03/06/24 (H) NR: GROH, CARPENTER, SHAW, WRIGHT 03/06/24 (H) AM: GRAY 03/13/24 (H) FIN REFERRAL REMOVED 03/14/24 (H) STA AT 3:00 PM GRUENBERG 120 03/14/24 (H) Heard & Held 03/14/24 (H) MINUTE(STA) 04/02/24 (H) STA AT 3:00 PM GRUENBERG 120 04/02/24 (H) Moved CSHB 228(STA) Out of Committee 04/02/24 (H) MINUTE(STA) 04/03/24 (H) STA RPT CS(STA) NEW TITLE 2DP 3NR 04/03/24 (H) DP: CARRICK, STORY 04/03/24 (H) NR: CARPENTER, WRIGHT, SHAW 05/02/24 (H) TRANSMITTED TO (S) 05/02/24 (H) VERSION: CSHB 228(STA) AM 05/03/24 (S) READ THE FIRST TIME - REFERRALS 05/03/24 (S) JUD 05/06/24 (S) JUD AT 1:30 PM BUTROVICH 205 BILL: HB 238 SHORT TITLE: CRIMINAL MISCHIEF 3RD DEGREE SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON

01/16/24 (H) PREFILE RELEASED 1/8/24

01/16/24 (H) READ THE FIRST TIME - REFERRALS

01/16/24 (H) JUD 02/26/24 (H) JUD AT 1:30 PM GRUENBERG 120 02/26/24 (H) Heard & Held 02/26/24 (H) MINUTE(JUD) 03/01/24 (H) JUD WAIVED PUBLIC HEARING NOTICE, RULE 23 03/01/24 (H) JUD AT 1:30 PM GRUENBERG 120 03/01/24 (H) Heard & Held 03/01/24 (H) MINUTE(JUD) 03/11/24 (H) JUD AT 1:00 PM GRUENBERG 120 03/11/24 (H) Moved CSHB 238(JUD) Out of Committee 03/11/24 (H) MINUTE(JUD) 03/13/24 (H) JUD RPT CS(JUD) 5DP 03/13/24 (H) DP: GRAY, GROH, SUMNER, CARPENTER, VANCE 03/20/24 (H) TRANSMITTED TO (S) 03/20/24 (H) VERSION: CSHB 238(JUD) 03/22/24 (S) READ THE FIRST TIME - REFERRALS 03/22/24 (S) JUD 04/03/24 (S) JUD AT 1:30 PM BUTROVICH 205 04/03/24 (S) Heard & Held 04/03/24 (S) MINUTE(JUD) 05/06/24 (S) JUD AT 1:30 PM BUTROVICH 205 WITNESS REGISTER CALVIN ZUELOW, Staff Representative Jennie Armstrong Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Paraphrased the differences between companion bills HB 228 and SB 166 on behalf of the sponsor. BAILEY STUART, Owner Stuart Consulting Wasilla, Alaska POSITION STATEMENT: Testified in support of HB 228. BREANNA KAKARUK, Staff Senator Matt Claman Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Presented the summary of changes for HB 238 from version B to S. KACI SCHROEDER, Senior Assistant Attorney General Criminal Division Department of Law Juneau, Alaska POSITION STATEMENT: Answered questions during the discussion of HB 238. ALEXANDER SCHROEDER, Staff Representative Andy Josephson Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Offered closing remarks on HB 238. ACTION NARRATIVE 1:33:24 PM CHAIR MATT CLAMAN called the Senate Judiciary Standing Committee meeting to order at 1:33 p.m. Present at the call to order were Senators Kaufman, Tobin, and Chair Claman. HB 228-MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE 1:33:51 PM CHAIR CLAMAN announced the consideration of CS FOR HOUSE BILL NO. 228(STA) am "An Act establishing the Alaska task force for the regulation of psychedelic medicines approved by the United States Food and Drug Administration; and providing for an effective date." CHAIR CLAMAN said this is the first hearing of HB 228 in the Senate Judiciary Committee. The committee heard and reported out the Senate companion bill, SB 166. 1:34:08 PM CHAIR CLAMAN invited Mr. Zuelow to put himself on the record and explain the differences between the two companion bills, HB 228 and SB 166. 1:34:34 PM CALVIN ZUELOW, Staff, Representative Jennie Armstrong, Alaska State Legislature, Juneau, Alaska, paraphrased the differences between companion bills HB 228 and SB 166 on behalf of the sponsor: [Original punctuation provided.] Summary of Differences with CSHB 228 (STA) am - 33-LS0976\T.A Companion CSSB 166 (JUD) 33-LS1062\N 1. The title of the task force has been changed in HB 228 from the "Alaska mental health and psychedelic medicine task force" to the "Alaska task force for the regulation of psychedelic medicines approved by the United States Food and Drug Administration." This change was made to better represent the duties of the task force. This change is reflected in the title of the bill, in the beginning of section 1 (page 1 lines 7 to 9), and in section 1(h). 2. A new paragraph has been added to HB 228 as section 1(b)(11), and the following subsections were renumbered. The new section 1(b)(11) reads, "one member who is a pharmacist, selected by the board of directors of the Alaska Pharmacy Association." 3. The language in section 1(b)(10) of SB 166, which reads, "one member of the faculty of the division of population health sciences at the University of Alaska, selected by the president of the University of Alaska," was deleted from HB 228 and following subsections were renumbered. 4. A new paragraph has been added to HB 228 as section 1(b)(7), and the following subsections were renumbered. The new section 1(b)(7) reads, "one member who is a physician or osteopath specializing in behavioral health, selected by the Board of Trustees of the Alaska State Medical Association." 5. The language in section 1(b)(7) of SB 166, which reads "one member representing the psychiatric profession, selected by the governing body of the Alaska Psychiatric Association" was reworded in HB 228's equivalent section 1(b)(8) to read, "one member who is a physician or osteopath specializing in psychiatry, selected by the governing body of the Alaska Psychiatric Association." 6. The number of members the task force could appoint after assembling under section 1(b)(13) of SB 166 was reduced from three to one in HB 228's equivalent section, 1(b)(14). 7. The language in section 1(c) of SB 166, which reads, "The task force shall elect a chair from among its members," was deleted and replaced in HB 228 with language that reads, "The members appointed by the president of the senate and the speaker of the house of representatives under (b)(12) and (13) of this section shall serve as co-chairs of the task force. A member appointed under (b)(12) or (13) of this section may select a designee to attend a meeting of the task force on the member's behalf." 8. The date the task force's report is due to the legislature and the governor was moved to January 31, 2025 in HB 228, from December 31, 2024 in SB 166. The task force's termination date was moved to the end of the first session of the Thirty-Fourth Legislature, where in SB 166 the task force terminates the day the Thirty-Fourth Legislature convenes. 9. The language in section 1(a)(1) in SB 166 reads, "assess the potential use of psychedelic medicine in addressing the state's ongoing mental health crisis, as well as in treating chronic and terminal illnesses and in end-of-life care." Section 1(a)(1) of HB 228 was not amended to include the second and third clauses and reads, "assess the potential use of psychedelic medicine in addressing the state's ongoing mental health crisis." 1:37:01 PM SENATOR TOBIN referred to page 2, line 3 of HB 228 and number 9 in the summary of differences. She sought confirmation that the sponsor's definition of "ongoing mental health crisis" would include Alaska's aging population and individuals experiencing mental health stress related to potential palliative care or geriatric needs. 1:37:49 PM MR. ZUELOW replied yes, that is correct. 1:37:56 PM CHAIR CLAMAN asked about the impetus for designating legislative appointees as the co-chairs of the task force, rather than allowing the task force to select its own co-chairs. 1:38:12 PM MR. ZUELOW replied that HB 228 was originally drafted as an executive task force. The House Special Committee on Military and Veterans' Affairs adopted a committee substitute that changed it to a legislative task force and determined it would be appropriate for legislative members to appoint the chairs. 1:38:31 PM CHAIR CLAMAN asked whether legislators are eligible to vote. MR. ZUELOW replied that they are voting members of the task force. 1:38:42 PM CHAIR CLAMAN opened public testimony on HB 228. 1:39:16 PM BAILEY STUART, Owner, Stuart Consulting, Wasilla, Alaska, testified in support of HB 228. She stated that she is an adjunct professor at the University of Alaska Anchorage, where she educates students on cannabis regulations. She noted that she opened the first dispensary in the Mat-Su Borough, serves on a nonprofit board supporting veterans and disabled active-duty members, and serves on the Marijuana Control Board. MS. STUART stated that, based on her experience with Schedule I substances, she believes it is in the best interest of the state and its veterans to begin holding discussions. She referenced human trials conducted through the Federal Drug Administration (FDA) and noted that, in January, the U.S. Department of Veterans Affairs (VA) issued a request for proposals to study the use of certain psychedelic compounds for treating post- traumatic stress disorder and depression. She highlighted that this is the first time since the 1960s that the VA has conducted studies on these compounds. MS. STUART expressed her belief that it is important to public health and safety for veterans and Alaska residents to begin discussions now about what regulatory structures should be in place following FDA approval of psychedelic medicines. She emphasized the need to anticipate and prepare a regulatory framework before approval occurs to avoid confusion among practitioners and the public. Drawing on her experience during the legalization of marijuana in Alaska before regulations were established, she cautioned that a lack of preparation could create similar public uncertainty, even though legalization and FDA approval are different processes. MS. STUART stated that the future of medicine, particularly in mental health care, is moving toward assisted psychedelic therapy. She expressed her belief that HB 228 outlines an appropriate membership structure for the task force and that it could play a vital role in addressing the mental health crisis faced by Alaska and its veterans. MS. STUART requested the committee support HB 228, emphasizing the importance of preparing for the anticipated use of psychedelic medicine in a way that prioritizes public health and safety. 1:42:07 PM CHAIR CLAMAN closed public testimony on HB 228. CHAIR CLAMAN solicited the will of the committee. 1:42:19 PM SENATOR TOBIN moved to report CSHB 228(STA) am, work order 33- LS0976\T.A, from committee with individual recommendations and attached zero fiscal note(s). 1:42:38 PM CHAIR CLAMAN found no objection and CSHB 228(STA) am was reported from the Senate Judiciary Standing Committee. HB 238-CRIMINAL MISCHIEF 3RD DEGREE 1:42:48 PM CHAIR CLAMAN announced the consideration of CS FOR HOUSE BILL NO. 238(JUD) "An Act relating to criminal mischief in the third degree; and providing for an effective date." CHAIR CLAMAN said this is the second hearing of HB 238 in the Senate Judiciary Committee. The intention is to hear a proposed Senate committee substitute (SCS). He invited Ms. Kakaruk to present the summary of changes. 1:43:26 PM BREANNA KAKARUK, Staff, Senator Matt Claman, Alaska State Legislature, Juneau, Alaska, presented the summary of changes for HB 238 from version B to S: [Original punctuation provided.] Summary of Changes Senate Judiciary Committee: Version B to Version S In the Committee Substitute to HB 238, the following changes were made: • Section 1. AS 11.46.482(a) • Page 2, line 6-11 • Delete: (C) defaces, damages, or desecrates (i) real property that has a place of religious education or worship located on it and is owned, leased, or used by a religious organization or used for any religious purpose; or (ii) tangible personal property used by a religious organization or used for any religious purpose. • Insert: (C) defaces or damages real property that (i) has a place of religious education or worship located on it; and (ii) if leased or used by a religious organization and is a part of a larger property, is the part of the property leased or used by the religious organization, including the access to the entry of the part of the property; or (D) defaces or damages tangible personal property that has religious significance and is used by religious organizations or displayed for educational purposes.Sec. 2 AS 11.46.482(b) • Page 2, line 24, following (a)(3)(C), • Insert: "or (D)"Conforming changes: • Renumbering 1:44:55 PM CHAIR CLAMAN asked the Criminal Division to update the committee on the Department of Law's position regarding the changes made in HB 238, version S. 1:45:10 PM KACI SCHROEDER, Senior Assistant Attorney General, Criminal Division, Department of Law, Juneau, Alaska, said the division reviewed SCS version S and concluded that the language is workable and can be implemented. The department is neutral on the bill overall. 1:45:27 PM CHAIR CLAMAN asked whether a committee member's previously raised concerns, which led to the drafting of SCS version S, were addressed in version S. 1:45:38 PM MS. SCHROEDER replied yes. 1:45:44 PM CHAIR CLAMAN solicited a motion. 1:45:48 PM SENATOR TOBIN moved to adopt the Senate committee substitute (SCS) for CSHB 238, work order 33-LS1101\S, as the working document. 1:46:05 PM CHAIR CLAMAN found no objection and SCS CSHB 238 was adopted as the working document. CHAIR CLAMAN invited Mr. Schroeder to offer closing remarks. 1:46:23 PM ALEXANDER SCHROEDER, Staff, Representative Andy Josephson, Alaska State Legislature, Juneau, Alaska, expressed appreciation to committee members for their time, work, and support on HB 238. 1:46:38 PM CHAIR CLAMAN solicited the will of the committee. 1:46:42 PM SENATOR TOBIN moved to report SCS CSHB 238, work order 33- LS1101\S, from committee with individual recommendations and attached zero fiscal note(s). 1:46:58 PM CHAIR CLAMAN found no objection and SCS CSHB 238(JUD) was reported from the Senate Judiciary Standing Committee 1:47:11 PM There being no further business to come before the committee, Chair Claman adjourned the Senate Judiciary Standing Committee meeting at 1:47 p.m.

Document Name Date/Time Subjects
HB 228 veresion T.A.A SJUD 5/6/2024 1:30:00 PM
HB 228
HB 228 Sponsor Statement T.A 5.3.2024.pdf SJUD 5/6/2024 1:30:00 PM
HB 228
HB 228 Sectional Analysis T.A 5.3.2024.pdf SJUD 5/6/2024 1:30:00 PM
HB 228
HB 228 Summary of Changes T to T.A 5.3.2024.pdf SJUD 5/6/2024 1:30:00 PM
HB 228
HB 228 T.A vs SB 166 N Summary of Differences 5.3.2024.pdf SJUD 5/6/2024 1:30:00 PM
HB 228
SB 166
HB 228 Fiscal Note DCCED-COMM 3.5.2024.pdf SJUD 5/6/2024 1:30:00 PM
HB 228
HB 238 version S.pdf SJUD 5/6/2024 1:30:00 PM
HB 238
HB 238 Summary of Changes Version B to S.pdf SJUD 5/6/2024 1:30:00 PM
HB 238