Legislature(2015 - 2016)BARNES 124
03/16/2016 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB188 | |
| HB337 | |
| HB313 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 188 | TELECONFERENCED | |
| += | HB 337 | TELECONFERENCED | |
| += | HB 313 | TELECONFERENCED | |
| += | HB 263 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 337-MARIJUANA TAXES;EXCESS POSSESSION;BONDS
3:47:52 PM
CHAIR OLSON announced that the next order of business would be
HOUSE BILL NO. 337, "An Act relating to taxes on marijuana."
3:48:13 PM
REPRESENTATIVE HUGHES moved to adopt the proposed committee
substitute (CS) for HB 337, labeled 29-LS1490\H, Nauman,
3/10/16, as the working document.
CHAIR OLSON objected for discussion purposes.
3:48:32 PM
KALYSSA MAILE, Staff to Representative LeDoux, Alaska State
Legislature, sponsor, informed the committee there are two
substantive changes in the proposed CS for HB 337. The first
change is on page 2, lines 14-20, which read:
Sec. 43.61.050. Administration and enforcement of
tax.(a) Each marijuana cultivation facility is
primarily liable for the payment of the excise taxes
on marijuana sold and shall furnish a cash or surety
bond of $5,000, payable to the department and approved
by the Department of Law. If a marijuana cultivation
facility fails to pay the tax to the state, the
marijuana cultivation facility forfeits the bond, and
the Marijuana Control Board shall suspend the
marijuana cultivation facility's license until payment
is made.
MS. MAILE said in response to public testimony, the $5,000
bonding requirement was changed to a cash or surety bond. The
second change is on page 3, line 7, which read:
Sec. 4. This Act takes effect immediately under AS
01.10.070(c).
MS. MAILE said this section would ensure that the bill would be
signed into law before licenses for marijuana establishments are
issued.
REPRESENTATIVE JOSEPHSON has heard that there are 200
applications for commercial marijuana operations, and he asked
when the applications would be accepted or rejected.
MS. MAILE deferred to the Department of Commerce, Community &
Economic Development.
3:50:17 PM
CHAIR OLSON removed his objection, and without further
objection, Version H was before the committee.
REPRESENTATIVE HUGHES opined that the tax for excess marijuana
is really a penalty or a fine.
REPRESENTATIVE LEDOUX responded that the amount would be the
same amount as though the business had registered.
REPRESENTATIVE HUGHES maintained that a penalty is more
appropriate, as she is unfamiliar with a civil tax.
3:52:07 PM
CHAIR OLSON reopened public testimony. After ascertaining no
one wished to testify, public testimony was closed.
REPRESENTATIVE JOSEPHSON returned attention to page 2, lines 6-
13, which read:
Sec. 43.61.040. Tax for Excess Marijuana. A person who
is not registered under AS 17.38 and who is found to
be in possession of marijuana plants in excess of the
amount of marijuana plants authorized for personal use
in AS 17.38.020(2) is subject to the tax on the
marijuana plants possessed in excess of the amount
authorized for use in AS 17.38.020. The tax due under
this section is $50 for each ounce or partial ounce of
marijuana possessed. When determining the weight of
marijuana for purposes of this section, the department
shall use the aggregate weight calculated under AS
11.71.080.
REPRESENTATIVE JOSEPHSON questioned the use of "not" registered
instead of "registered or unregistered."
REPRESENTATIVE LEDOUX explained that when a person is not
registered, "personal use doesn't come into play."
[HB 337 was held over.]