Legislature(2015 - 2016)BUTROVICH 205

03/10/2015 08:30 AM Senate STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved SCR 6 Out of Committee
-- Public Testimony --
Heard & Held
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 10, 2015                                                                                         
                           8:31 a.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator Bill Stoltze, Chair                                                                                                     
Senator John Coghill, Vice Chair                                                                                                
Senator Charlie Huggins                                                                                                         
Senator Lesil McGuire                                                                                                           
Senator Bill Wielechowski                                                                                                       
MEMBERS ABSENT                                                                                                                
All members present                                                                                                             
COMMITTEE CALENDAR                                                                                                            
SENATE CONCURRENT RESOLUTION NO. 6                                                                                              
Proclaiming April 2015 as Sexual Assault Awareness Month.                                                                       
     - MOVED SCR 6 OUT OF COMMITTEE                                                                                             
SENATE BILL NO. 62                                                                                                              
"An  Act  relating  to the  regulation  of  marijuana,  marijuana                                                               
testing, marijuana products,  and marijuana accessories; relating                                                               
to the  licensing of marijuana retailers,  producers, processors,                                                               
boutique  producers,  brokers,  and  home  growers;  relating  to                                                               
taxation of marijuana; and providing for an effective date."                                                                    
     - HEARD & HELD                                                                                                             
SENATE BILL NO. 42                                                                                                              
"An Act providing priority to personal use fisheries when                                                                       
fishing restrictions are implemented to achieve a management                                                                    
     - HEARD & HELD                                                                                                             
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: SCR 6                                                                                                                   
SHORT TITLE: SEXUAL ASSAULT AWARENESS MONTH: APRIL 2015                                                                         
SPONSOR(s): SENATOR(s) MEYER                                                                                                    
03/02/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/02/15       (S)       STA                                                                                                    
03/10/15       (S)       STA AT 8:30 AM BUTROVICH 205                                                                           
BILL: SB 62                                                                                                                   
SHORT TITLE: REGULATION OF MARIJUANA BUSINESSES; BOARD                                                                          
SPONSOR(s): JUDICIARY                                                                                                           
02/25/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/25/15       (S)       STA, L&C, FIN                                                                                          
03/05/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/05/15       (S)       Heard & Held                                                                                           
03/05/15       (S)       MINUTE(STA)                                                                                            
03/10/15       (S)       STA AT 8:30 AM BUTROVICH 205                                                                           
BILL: SB 42                                                                                                                   
SHORT TITLE: PERSONAL USE FISHING PRIORITY                                                                                      
SPONSOR(s): STOLTZE                                                                                                             
02/04/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/04/15       (S)       STA, RES                                                                                               
03/10/15       (S)       STA AT 8:30 AM BUTROVICH 205                                                                           
WITNESS REGISTER                                                                                                              
SENATOR KEVIN MEYER                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SCR 6.                                                                                         
SUZI PEARSON, Executive Director                                                                                                
Abused Women's Aid in Crisis (AWAIC)                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Explained "Green Dot."                                                                                    
BETH BOGARDE, Executive Director                                                                                                
Women in Safe Homes (WISH)                                                                                                      
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SCR 6.                                                                            
KEITH MALLARD, Chief of Police                                                                                                  
University of Alaska - Fairbanks Police Department                                                                              
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Expressed his support for SCR 6.                                                                          
ROWENA PALOMAR, Executive Director                                                                                              
Advocates for Victims of Violence                                                                                               
Valdez, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SCR 6.                                                                            
SARALYN TABACHNIK, Executive Director                                                                                           
AWARE, Inc.                                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SCR 6.                                                                            
LAUREE MORTON, Executive Director                                                                                               
State Council on Domestic Violence and Sexual Assault                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SCR 6.                                                                            
FRANCI HAVEMEISTER                                                                                                              
Division of Agriculture                                                                                                         
Department of Natural Resources                                                                                                 
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Provided the division's perspective on SB
RICHARD SVOBODNY, Deputy Attorney General                                                                                       
Criminal Division                                                                                                               
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided information on SB 62.                                                                          
SAM COTTON, Commissioner                                                                                                        
Department of Fish and Game                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented information on SB 42.                                                                           
VIRGIL UMPHENOUR, Chair                                                                                                         
Fairbanks Fish and Game Advisory Committee,                                                                                     
North Pole, Alaska                                                                                                              
POSITION STATEMENT: Testified in support of SB 42.                                                                            
ROD ARNO, Executive Director                                                                                                    
Alaska Outdoor Council                                                                                                          
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 42.                                                                            
WES HUMBYRD, representing himself                                                                                               
Homer, Alaska                                                                                                                   
POSITION STATEMENT: Testified in opposition to SB 42.                                                                         
ACTION NARRATIVE                                                                                                              
8:31:21 AM                                                                                                                    
CHAIR STOLTZE called the Senate  State Affairs Standing Committee                                                             
meeting to order  at 8:31 a.m. Present at the  call to order were                                                               
Senators Coghill, McGuire, and Chair Stoltze.                                                                                   
CHAIR STOLTZE turned the gavel over to Vice Chair Coghill.                                                                      
        SCR 6-SEXUAL ASSAULT AWARENESS MONTH: APRIL 2015                                                                    
8:32:13 AM                                                                                                                    
VICE CHAIR COGHILL announced the consideration of SCR 6.                                                                        
8:32:22 AM                                                                                                                    
SENATOR KEVIN MEYER, Alaska State  Legislature, sponsor of SCR 6,                                                               
provided an  overview of the  resolution. He said  the resolution                                                               
proclaims April  2015 as  Sexual Assault  Awareness Month.  It is                                                               
part  of  an annual  campaign  to  raise public  awareness  about                                                               
sexual assault and educate communities  and individuals on how to                                                               
prevent sexual violence  across the nation. Sexual  violence is a                                                               
very serious  public health problem.  It affects millions  of men                                                               
and women.  The Centers for  Disease Control reports that  in the                                                               
United States, one in five women  and one in seventy-one men have                                                               
experienced violent sexual assault  in their lifetime. In Alaska,                                                               
these rates  are much  higher -  almost two-and-a-half  times the                                                               
national  average. Statistics  underestimate the  problem because                                                               
many victims  do not  tell the police,  family, or  friends about                                                               
the violence.                                                                                                                   
He said that sexual violence impacts  health in many ways and can                                                               
lead  to  long-term  mental  and  physical  health  problems.  By                                                               
bringing   awareness  to   the  crime   of  sexual   assault  and                                                               
recognizing the enormity of the  problem, we can begin to address                                                               
it and heal from it and, hopefully,  prevent it. SCR 6 is a small                                                               
but significant step in educating  the public and our communities                                                               
on  lifting  the  veil  of  secrecy that  so  often  hides  these                                                               
horrific crimes.                                                                                                                
8:33:04 AM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee meeting.                                                                              
VICE CHAIR COGHILL asked if the committee had any questions.                                                                    
SENATOR MCGUIRE  spoke in support  of the resolution  and thanked                                                               
Senator Meyer for bringing it  forward. She asked that testifiers                                                               
provide comments  on planned actions  to combat  sexual violence.                                                               
She pointed out  Alaska's sexual assault statistics  - number one                                                               
in the nation in every category.                                                                                                
VICE  CHAIR  COGHILL  commented  that SCR  6  is  a  conversation                                                               
8:36:26 AM                                                                                                                    
SUZI PEARSON,  Executive Director,  Abused Women's Aid  in Crisis                                                               
(AWAIC), thanked  the committee for  SCR 6 and  for acknowledging                                                               
the  significant  prevention  work  that  domestic  violence  and                                                               
sexual  assault agencies  throughout Alaska  achieve in  order to                                                               
stop the cycle of violence.  She explained a program in Anchorage                                                               
called "Green Dot,"  a model of primary prevention  formed by the                                                               
Anchorage  Alliance   on  Violence  Prevention.  It   is  a  very                                                               
collaborative, successful method of decreasing sexual violence.                                                                 
8:38:46 AM                                                                                                                    
VICE CHAIR COGHILL thanked Ms. Pearson.                                                                                         
SENATOR MCGUIRE asked if Ms. Pearson was aware of Erin's Law.                                                                   
MS. PEARSON answered yes.                                                                                                       
SENATOR MCGUIRE asked  if Ms. Pearson is  supportive of providing                                                               
sexual assault awareness for young  people in schools and whether                                                               
it could relate to Green Dot.                                                                                                   
MS. PEARSON replied that domestic  violence is cyclical in nature                                                               
and generational.  The only  way to stop  it is  through teaching                                                               
the current  generation about healthy relationships  and the best                                                               
ways  to  protect  themselves. She  stressed  the  importance  of                                                               
focusing on youth, educating them,  and providing them with great                                                               
tools. She  said Green  Dot is based  on peer  relationships with                                                               
leaders  in  schools who  were  trained  and then  trained  their                                                               
peers. It  creates an environment  that said violence is  not ok,                                                               
as  well   as  allows   students  to  step   in  when   they  see                                                               
inappropriate behavior. She provided an example.                                                                                
VICE  CHAIR COGHILL  noted  issues with  having  the programs  in                                                               
schools. He thanked Ms. Pearson for her presentation.                                                                           
8:42:07 AM                                                                                                                    
BETH  BOGARDE, Executive  Director, Women  in Safe  Homes (WISH),                                                               
testified in  support of SCR  6. She said everyone  knows someone                                                               
who has been sexually assaulted.  The traumatic effects of sexual                                                               
assault are life  long, not only for the person  who has suffered                                                               
the abuse, but also for  the children, family members, and future                                                               
relationships.  She listed  some of  the programs  the resolution                                                               
would  support, such  as  COMPASS for  males.  She described  the                                                               
partnerships  WISH  has, how  WISH  uses  Native culture  in  its                                                               
programs, and positive outcomes.                                                                                                
8:46:22 AM                                                                                                                    
MS. BOGARDE  addressed the high  number of assaults  upon persons                                                               
with disabilities. She  said SCR 6 is one more  call to action to                                                               
reduce assaults on all populations.                                                                                             
SENATOR COGHILL thanked Ms. Bogarde.                                                                                            
8:48:24 AM                                                                                                                    
KEITH MALLARD, Chief of Police,  University of Alaska - Fairbanks                                                               
Police Department, expressed  his support for SCR 6.  He spoke of                                                               
his  history  working  in  public service  and  his  passion  for                                                               
protecting others.  He shared his  personal history of  abuse and                                                               
lack of  intervention by those who  were aware of it.  He pointed                                                               
out that  those issues remain in  society today, but that  he has                                                               
hope  because of  efforts  to educate  bystanders,  such as  with                                                               
programs like  Green Dot. He  noted that  Green Dot is  coming to                                                               
the Fairbanks  campus. He stressed  that everyone can  agree that                                                               
interpersonal  violence is  unacceptable,  and  everyone must  do                                                               
their part to combat it.                                                                                                        
8:52:52 AM                                                                                                                    
SENATOR MCGUIRE thanked  Chief Mallard for his  testimony and for                                                               
sharing his  personal experience. She stressed  the importance of                                                               
strong  male figures  and the  need  for a  cultural change.  She                                                               
asked  for  other ideas  to  encourage  citizens to  become  more                                                               
involved in prevention.                                                                                                         
8:55:12 AM                                                                                                                    
CHIEF MALLARD  answered that  the power  of individual  choice is                                                               
very important toward addressing  this issue. Programs like Green                                                               
Dot provides the skills to accomplish that.                                                                                     
SENATOR HUGGINS joined the committee meeting.                                                                                   
VICE CHAIR COGHILL thanked Chief Mallard for his testimony.                                                                     
8:59:22 AM                                                                                                                    
ROWENA  PALOMAR, Executive  Director,  Advocates  for Victims  of                                                               
Violence,  testified  in  support  of  SCR  6.  She  provided  an                                                               
overview of sexual assault in  Valdez, which holds the record for                                                               
the most sexual  assaults by one man in Alaska.  She said her job                                                               
is to  let victims know  that there  is help available  for them.                                                               
Valdez now has a Sexual Assault Response Team (SART).                                                                           
VICE CHAIR COGHILL thanked Ms. Palomar.                                                                                         
9:03:07 AM                                                                                                                    
SARALYN TABACHNIK, Executive Director,  AWARE, Inc., testified in                                                               
support of  SCR 6, noting  it was very comprehensive.  She voiced                                                               
appreciation  for  the   recognition  for  individual  community,                                                               
agency, and statewide prevention efforts.  She spoke about one of                                                               
those  efforts,  "Girls  on  the Run."  It  is  an  international                                                               
program that  began in 1996  in North  Carolina and has  grown to                                                               
over  1 million  girls. It  envisions  a world  where every  girl                                                               
knows  and  activates her  limitless  potential  and is  free  to                                                               
boldly pursue her  dream. In Juneau, a pilot program  of Girls on                                                               
the  Run  was  started  in  2008.  She  described  the  program's                                                               
curriculum, results, and successes throughout the state.                                                                        
9:08:02 AM                                                                                                                    
MS.  TABACHNIK  concluded  with  the  resolution's  comprehensive                                                               
approach to preventing sexual abuse.  She voiced appreciation for                                                               
the long-term investment.                                                                                                       
SENATOR COGHILL thanked Ms. Tabachnik.                                                                                          
SENATOR MCGUIRE  thanked Ms. Tabachnik.  She asked what  could be                                                               
done to engage young men more.                                                                                                  
9:10:52 AM                                                                                                                    
MS.  TABACHNIK  pointed out  a  program  called "Boys  Run"  that                                                               
incorporates  Native  values. She  hoped  to  partner with  other                                                               
agencies on it.                                                                                                                 
9:13:11 AM                                                                                                                    
LAUREE  MORTON, Executive  Director,  State  Council on  Domestic                                                               
Violence and Sexual  Assault, testified in support of  SCR 6. She                                                               
related  that many  of  the programs  the  committee heard  today                                                               
involve  increasing protective  factors  and building  resiliency                                                               
among young  people because they  are then less likely  to engage                                                               
in  violent   behaviors  in  sexual  assault,   and  in  domestic                                                               
violence. She noted two additional  programs, "Coaching Boys into                                                               
Men," working with  male athletes, and "Talk Now,  Talk Often," a                                                               
program for parents.                                                                                                            
She  voiced  appreciation  for  the  committee's  efforts  toward                                                               
ending domestic violence and sexual assault.                                                                                    
VICE CHAIR  COGHILL thanked Ms.  Morton. He  appreciated learning                                                               
more about available programs.                                                                                                  
SENATOR STOLTZE said the resolution has a zero fiscal note.                                                                     
9:16:39 AM                                                                                                                    
SENATOR  STOLTZE  moved  to  report SCR  6  from  committee  with                                                               
individual recommendations  and attached zero fiscal  note. There                                                               
being no objection, the motion carried.                                                                                         
VICE CHAIR COGHILL announced SCR 6 moved out of committee.                                                                      
9:17:06 AM                                                                                                                    
At ease.                                                                                                                        
        SB 62-REGULATION OF MARIJUANA BUSINESSES; BOARD                                                                     
9:18:26 AM                                                                                                                    
CHAIR STOLTZE  called the committee  back to order.  He announced                                                               
that the next order of business would be SB 62.                                                                                 
9:19:17 AM                                                                                                                    
FRANCI   HAVEMEISTER,   Director,    Division   of   Agriculture,                                                               
Department   of  Natural   Resources,  provided   the  division's                                                               
perspective  on SB  62. She  related  that the  division has  had                                                               
discussions  with the  Department of  Law and  believes that  the                                                               
potential  interaction between  the  marijuana  industry and  the                                                               
division may involve the Agriculture  Revolving Loan Fund. It may                                                               
also  include  agriculture  land   sales  in  that  the  division                                                               
requires a farm  conservation plan be submitted  to the division.                                                               
There may also  be interaction between the  plant material center                                                               
staff  with technical  assistance on  cultivation production  and                                                               
the Alaska Grown Marketing Program.                                                                                             
CHAIR STOLTZE  asked if marijuana meets  labeling requirements as                                                               
"Alaska Grown"                                                                                                                  
MS.  HAVEMEISTER  said there  are  ongoing  discussions with  the                                                               
Department of Law regarding that issue.                                                                                         
CHAIR STOLTZE asked what the inhibitors might be.                                                                               
9:21:51 AM                                                                                                                    
MS. HAVEMEISTER answered  that she is not aware  of anything that                                                               
would prohibit  it except  for the  implication of  federal money                                                               
being used  for the marketing  program. She noted  that "Colorado                                                               
Proud" has  a disclaimer  stating that if  the crop  is federally                                                               
illegal, the seller is not able to participate in the program.                                                                  
CHAIR   STOLTZE  asked   if  the   division  has   discussed  the                                                               
segregation  of  state  versus federal  funds  in  the  marketing                                                               
MS. HAVEMEISTER said no.                                                                                                        
CHAIR STOLTZE  noted that the  plant materials center  engages in                                                               
seed certification and disease control.  He asked if marijuana is                                                               
an invasive weed.                                                                                                               
9:22:51 AM                                                                                                                    
MS. HAVEMEISTER said she did not believe so.                                                                                    
CHAIR STOLTZE  added "not in the  purely, technical, agricultural                                                               
MS. HAVEMEISTER answered correct.                                                                                               
CHAIR  STOLTZE   noted  the  success  of   Greenhouse  Loans.  He                                                               
requested  to know  the barriers  and opportunities  for farmers'                                                               
participation in the division's programs.                                                                                       
9:23:43 AM                                                                                                                    
MS.  HAVEMEISTER  answered  that  the  division  is  having  that                                                               
discussion with the Department of  Law. No determination has been                                                               
CHAIR STOLTZE asked if there have been policy discussions.                                                                      
MS.  HAVEMEISTER said  the board  has  had some  discussion on  a                                                               
limited basis.                                                                                                                  
CHAIR STOLTZE asked which board.                                                                                                
MS.  HAVEMEISTER said  the Board  of Agriculture,  which includes                                                               
the Attorney General.                                                                                                           
CHAIR STOLTZE asked who sat in on the meetings.                                                                                 
MS. HAVEMEISTER said Mr. McFarlane.                                                                                             
9:24:56 AM                                                                                                                    
SENATOR COGHILL  noted Colorado's  radio-frequency identification                                                               
(RFID) technology to  track plants and asked if  Alaska uses RFID                                                               
to track agriculture.                                                                                                           
MS. HAVEMEISTER answered not that she is aware of.                                                                              
SENATOR COGHILL  explained that the  potency and value  of plants                                                               
is determined  by a selection  of individual plants in  a growing                                                               
area, such  as a greenhouse.  He asked if  that could be  done in                                                               
MS. HAVEMEISTER answered potentially yes.                                                                                       
9:26:08 AM                                                                                                                    
CHAIR  STOLTZE  noted  other   states  that  have  commercialized                                                               
marijuana   have   heightened   security  and   enacted   bonding                                                               
requirements. He wondered if fiscal notes would be needed.                                                                      
MS.  HAVEMEISTER   said  they  have  discussed   the  funding  of                                                               
commercialization  and are  trying  to  understand the  financial                                                               
impacts to the division.                                                                                                        
9:27:12 AM                                                                                                                    
CHAIR  STOLTZE   noted  the  U.S.  Department   of  Agriculture's                                                               
discussion of  the Food  Safety and  Modernization Act  and asked                                                               
what  challenges the  division  might have  with regulations  for                                                               
growing marijuana as they relate to that Act.                                                                                   
MS. HAVEMEISTER replied  that the Act is going  to be challenging                                                               
for all  agriculture divisions throughout the  nation. Currently,                                                               
the authority  lies within the Department  of Commerce, Community                                                               
and Economic  Development (DCCED). She  noted the division  is in                                                               
conversation   with   DCCED  to   work   out   a  Memorandum   of                                                               
Understanding  (MO)  that  would   put  the  on-farm  inspections                                                               
through the division. She reported  that, at this time, the final                                                               
rules will be published in September  or October of 2015. At that                                                               
time the division will know  the true implications and effects it                                                               
will have on Alaska growers.                                                                                                    
SENATOR HUGGINS asked about the shipping of seeds to Alaska.                                                                    
9:29:48 AM                                                                                                                    
MS. HAVEMEISTER understood that  shipping marijuana seeds must be                                                               
authorized with  the Department of  Agriculture (DOA) and  is not                                                               
easily done.                                                                                                                    
CHAIR STOLTZE pointed out efforts  required to control disease in                                                               
the  agriculture industry.  He assumed  there would  be a  fiscal                                                               
impact  to DNR  and  suggested  that they  prepare  for that.  He                                                               
requested fiscal information.                                                                                                   
MS. HAVEMEISTER agreed to provide that.                                                                                         
9:32:53 AM                                                                                                                    
SENATOR HUGGINS asked how growers pollinate marijuana.                                                                          
MS.  HAVEMEISTER said  she is  not  familiar with  that, but  the                                                               
division is looking into it.                                                                                                    
SENATOR HUGGINS  asked if  marijuana is  a "volunteer"  plant. He                                                               
provided a  scenario and  asked whether the  plant will  lose its                                                               
potency the second year.                                                                                                        
9:34:38 AM                                                                                                                    
MS.  HAVEMEISTER said  she did  not know.  She thought  marijuana                                                               
production would take place in a greenhouse.                                                                                    
SENATOR HUGGINS was concerned about re-growth.                                                                                  
CHAIR STOLTZE thanked Ms. Havemeister.                                                                                          
9:37:09 AM                                                                                                                    
RICHARD  SVOBODNY, Deputy  Attorney  General, Criminal  Division,                                                               
Department of Law,  provided information on SB  62. He considered                                                               
SB 62 a regulatory bill.                                                                                                        
CHAIR STOLTZE  pointed out public  notice issues and  the mandate                                                               
to regulate marijuana like alcohol.                                                                                             
9:40:05 AM                                                                                                                    
MR.  SVOBODNY addressed  regulating  marijuana  like alcohol.  He                                                               
said  it  is  easier  to  regulate  alcohol  due  to  the  larger                                                               
infrastructure  in   place.  The   marijuana  industry   is  just                                                               
beginning and  much is  unknown. For  example, the  bill provides                                                               
for three new types of licenses.                                                                                                
CHAIR   STOLTZE   requested    information   about   the   notice                                                               
requirement, pointing  out the public  safety aspect.  Both sides                                                               
say  that  they must  have  notice  or privacy,  both  reflecting                                                               
criminal concerns.                                                                                                              
9:41:37 AM                                                                                                                    
MR. SVOBONDY  opined that Ravin  vs. State  was not based  on the                                                               
constitutional right  to possess or  use marijuana. It  was based                                                               
upon the  right of privacy  and there  was a heightened  right of                                                               
privacy  in one's  home. It  only  dealt with  personal use,  not                                                               
commercial use.                                                                                                                 
CHAIR STOLTZE said if that  includes boutique production in one's                                                               
MR.  SVOBODNY  answered that  example  is  similar to  running  a                                                               
business out  of your  home, such  as Amway.  There is  a greater                                                               
interest in allowing legislation to  control what happens in your                                                               
home  when it  is commercial,  as  opposed to  personal. He  gave                                                               
several examples.                                                                                                               
9:44:30 AM                                                                                                                    
CHAIR  STOLTZE   asked  whether  there  are   commercial  alcohol                                                               
businesses  that  are  allowed   to  conduct  their  business  in                                                               
anonymity and have a right of privacy.                                                                                          
MR.  SVOBODNY answered  no. A  person can  make beer  or wine  in                                                               
one's home, but  that is not a commercial operation  and does not                                                               
require a license like home-grown marijuana would.                                                                              
9:45:38 AM                                                                                                                    
SENATOR MCGUIRE  opined that the  struggle with the  Ravin ruling                                                               
is that  marijuana was  illegal at the  time. She  predicted that                                                               
legalization  and the  right to  privacy would  intersect in  the                                                               
MR. SVOBODNY agreed.                                                                                                            
SENATOR  MCGUIRE  asked  about  pending  litigation  from  states                                                               
surrounding  Colorado.  They  are asserting  that  the  marijuana                                                               
industry in  Colorado has  had disproportionate  negative impacts                                                               
on them. She  asked if Alaska might be subjected  to that type of                                                               
litigation from Washington or Oregon.                                                                                           
MR.  SVOBODNY said  it was  an interesting  case and  he did  not                                                               
think  it would  happen  to Alaska  because  both Washington  and                                                               
Oregon have marijuana initiatives.                                                                                              
9:49:00 AM                                                                                                                    
SENATOR MCGUIRE  asked if  that case might  ultimately lead  to a                                                               
Supreme Court decision about the federalization of marijuana.                                                                   
MR. SVOBODNY said he had no idea.                                                                                               
SENATOR HUGGINS asked  about tribal rights in  either Colorado or                                                               
MR.  SVOBODNY thought  Senator Huggins  might be  referring to  a                                                               
memorandum from  the Justice  Department in  the last  six months                                                               
that has  set out a framework  for Indian reservations to  make a                                                               
decision  about whether  or not  to decriminalize  marijuana. The                                                               
only area in Alaska that would meet that criteria is Metlakatla.                                                                
9:52:14 AM                                                                                                                    
SENATOR COGHILL commented that seeds  from out of state, would be                                                               
an interstate  commerce criminal issue  on the federal  level. He                                                               
asked how the state would handle it.                                                                                            
MR. SVOBODNY  asked if he was  asking if under the  initiative it                                                               
would  be a  crime  to  possess seeds  in  territorial waters  of                                                               
SENATOR COGHILL  thought Alaska might  have to have a  license to                                                               
accept five pounds of seeds.                                                                                                    
MR.  SVOBODNY   explained  that   from  the  standpoint   of  the                                                               
initiative, Alaska would have to  have a license to import seeds.                                                               
He did  not know  what the  penalties under  state law  would be.                                                               
Currently, it is a violation  of federal law. The initiative does                                                               
not  change federal  law.  The federal  government  could make  a                                                               
determination to go forward in any criminal case.                                                                               
He questioned  where the boundaries  of the  administrative state                                                               
are  under SB  62  and how  much  authority can  be  given to  an                                                               
administrative agency. He did not  think an administrative agency                                                               
should be creating  crimes, but that it is  the legislature's job                                                               
to do  so. He stated  that half of  the states have  required the                                                               
crimes  to be  spelled out  in statute;  others have  said it  is                                                               
sufficient to  give an administrative agency  that authority, but                                                               
the  legislature must  set standards  for their  use in  creating                                                               
administrative regulations. He stressed the importance of that.                                                                 
9:57:36 AM                                                                                                                    
CHAIR  STOLTZE  requested  Mr. Svobodny  work  with  Commissioner                                                               
Folger and  Commissioner Richards  on the  administration's ideas                                                               
on public safety priorities and  public notice and zoning issues.                                                               
He noted the sponsor's mandate on privacy.                                                                                      
9:59:48 AM                                                                                                                    
MR. SVOBODNY agreed  to do so by Monday. He  pointed out that the                                                               
need to be licensed means a  lessened amount of privacy. He noted                                                               
that OSHA  and other regulatory  entities will interact  with the                                                               
new businesses.                                                                                                                 
10:01:06 AM                                                                                                                   
SENATOR  WIELECHOWSKI requested  information from  prosecutors in                                                               
Anchorage  about the  uptick in  violence. He  wondered if  it is                                                               
drug related and a reaction to the proposed legislation.                                                                        
MR. SVOBODNY agreed to find out.                                                                                                
[SB 62 was held in committee.]                                                                                                  
10:02:05 AM                                                                                                                   
At ease.                                                                                                                        
              SB 42-PERSONAL USE FISHING PRIORITY                                                                           
10:02:46 AM                                                                                                                   
VICE CHAIR COGHILL brought the meeting back to order.                                                                           
SENATOR STOLTZE,  as sponsor  of SB 42,  provided an  overview of                                                               
the bill.  He said  the bill  directs the  Board of  Fisheries to                                                               
place  restrictions  on  sport and  commercial  fisheries  before                                                               
putting restrictions  on personal use fisheries  when the harvest                                                               
of a stock  or species is limited to achieve  an escapement goal.                                                               
He noted  the benefit of this  bill in the Cook  Inlet area where                                                               
the  greatest tension  exists. He  noted the  importance of  food                                                               
security for Alaska residents.                                                                                                  
10:06:47 AM                                                                                                                   
SENATOR  STOLTZE continued  to explain  that  SB 42  is a  simple                                                               
bill. He named the Alaskans that  would benefit from the bill. He                                                               
noted his family participates in  fishing. He understood that the                                                               
issue is political.                                                                                                             
10:09:52 AM                                                                                                                   
SENATOR  MCGUIRE thanked  Senator Stoltze  for bringing  the bill                                                               
forward and echoed  his comments. She said  her constituents want                                                               
the opportunity  to pass  on the tradition  of fishing.  She said                                                               
she plans  to co-sponsor the  bill. She noted  the constitutional                                                               
mandate that  the resources of  the state should be  shared among                                                               
the  people  for maximum  benefit.  She  compared it  to  hunting                                                               
10:12:36 AM                                                                                                                   
SENATOR STOLTZE  stated that subsistence and  personal use should                                                               
be a priority because they are for Alaska residents.                                                                            
SENATOR HUGGINS  commented that in  the Wasilla area,  the public                                                               
cannot catch  fish until August.  Fishing is a  "fighting" issue.                                                               
He voiced appreciation for the bill.  He asked who was opposed to                                                               
the bill.                                                                                                                       
10:16:35 AM                                                                                                                   
SENATOR STOLTZE  answered that  he would  rather not  battle with                                                               
those  who are  against  the bill.  He  explained the  litigation                                                               
history  of fishing  issues. He  maintained  that the  bill is  a                                                               
positive, productive solution.                                                                                                  
10:19:14 AM                                                                                                                   
SAM COTTON, Commissioner, Department  of Fish and Game, presented                                                               
information on SB 42. He  shared that historically the department                                                               
has  taken a  neutral stance  on  this legislation.  He said  the                                                               
legislature  has  the  right  to  make  allocative  decisions  in                                                               
statute and  the Board of  Fisheries would be required  to follow                                                               
them. He  said he  is happy  to work with  the sponsor  on issues                                                               
that may come up as the bill progresses.                                                                                        
Commissioner  Cotton  pointed out  that  there  are 80  different                                                               
personal-use fisheries  in Alaska  and it  is possible  that some                                                               
may have unique  circumstances that may need to  be considered in                                                               
order to avoid unintended consequences.                                                                                         
SENAOTR STOLTZE noted a sports analogy.                                                                                         
COMMISSIONER COTTON  described some of the  areas of controversy.                                                               
He spoke in favor of the resident preference in the bill.                                                                       
SENATOR STOLTZE asked if crab is considered a fish stock.                                                                       
COMMISSIONER COTTON answered yes.                                                                                               
10:22:55 AM                                                                                                                   
VIRGIL  UMPHENOUR,  Chair,  Fairbanks   Fish  and  Game  Advisory                                                               
Committee, testified in  support of SB 42. He said  he was on the                                                               
Board of Fisheries for eight years.  He recalled one of the first                                                               
meetings  he attended  was about  Cook Inlet.  He cited  problems                                                               
with the  commercial fisheries and  his goal to get  a meaningful                                                               
dip net  fishery for  the Kenai  Peninsula. He  said the  bill is                                                               
long overdue.                                                                                                                   
10:25:08 AM                                                                                                                   
ROD ARNO,  Executive Director, Alaska Outdoor  Council, testified                                                               
in support  of SB 42.  He related that  at the annual  meeting in                                                               
Juneau there  were 21 delegates  who unanimously endorsed  SB 42.                                                               
He voiced  appreciation for the  efforts of the sponsor.  He said                                                               
it is a good step in times of shortages.                                                                                        
10:26:46 AM                                                                                                                   
WES HUMBYRD, representing himself,  testified in opposition to SB
42. He  shared that he  has been  a commercial fisherman  in Cook                                                               
Inlet  since  1966.  He  disagreed  with  some  of  the  previous                                                               
comments. He  said he  does not  know of  any gillnetter  in Cook                                                               
Inlet  that wants  to take  away anyone's  personal use  fishery.                                                               
They want to see the illegal aspects of it taken away.                                                                          
10:30:04 AM                                                                                                                   
VICE CHAIR  COGHILL thanked all  the testifiers. He  returned the                                                               
gavel to Chair Stoltze.                                                                                                         
CHAIR STOLTZE noted that public  testimony for SB 42 would remain                                                               
10:31:25 AM                                                                                                                   
There being  no further  business to  come before  the committee,                                                               
Chair  Stoltze  adjourned  the   Senate  State  Affairs  Standing                                                               
Committee hearing at 10:31 a.m.                                                                                                 

Document Name Date/Time Subjects
SCR6 Sponsor Statement.pdf SSTA 3/10/2015 8:30:00 AM
SCR6 Draft Fiscal Note - SSTA 3-9-15.pdf SSTA 3/10/2015 8:30:00 AM
SCR6 DVSA Dashboard 2014.pdf SSTA 3/10/2015 8:30:00 AM
SCR6 CDVSA Annual Report 2014.pdf SSTA 3/10/2015 8:30:00 AM
SB42 Sponsor Statement.pdf SSTA 3/10/2015 8:30:00 AM
SB 42
SB42 ADF&G Brief on Personal Use Fishing.pdf SSTA 3/10/2015 8:30:00 AM
SB 42
SB42 Regulations of the Board of Fisheries.pdf SSTA 3/10/2015 8:30:00 AM
SB 42
SB42 Fiscal Note - DFG-CO 3-6-15.pdf SSTA 3/10/2015 8:30:00 AM
SB 42