Legislature(2005 - 2006)HOUSE FINANCE 519
02/28/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB66 | |
| HB35 | |
| HB97 | |
| HB99 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 35 | |||
| * | HB 66 | ||
| * | HB 67 | ||
| HB 97 | |||
| HB 99 | |||
| = | HB 134 | ||
HOUSE BILL NO. 99
An Act relating to controlled substances regarding the
crimes of manslaughter, endangering the welfare of a
child, and misconduct involving a controlled substance;
and providing for an effective date.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION, CRIMINAL DIVISION, DEPARTMENT OF LAW, summarized
what HB 99 would accomplish.
· It provides that it would be a manslaughter
conviction for manufacturing or delivering meth in
violation of drug laws, AS 11.71, if a person dies
as the direct result of ingesting the drug.
· It also provides that there is no additional
comparable mental state required for the State to
prove the case. Making the conduct specifically
homicide does not operate new ground in the law.
2:46:20 PM
· The bill creates a new form of child endangerment
st
in the 1 degree by providing that it would be a
Class C felony to manufacture or attempt to
manufacture meth in violation of the State's drug
laws in a building, especially if children under
18 use the building as a dwelling.
· The bill changes the penalty for possessing meth
amphetamine in an organic solution. Right now, it
is a Class C felony to possess the substance and
it is a Class A felony to possess a precursor to
the substance with the intent to manufacture it.
It is a known fact that people possess the meth
amphetamine in an organic solution in order to
extract the powered meth.
Co-Chair Chenault noted an on-going case in Fairbanks where
a meth lab was found in a motel. Ms. Carpeneti stated that
was correct.
Representative Weyhrauch commented on the vastness of the
problem nationally with meth. He pointed out that "meth
amphetamine" was not in the title of the bill and asked if
the bill was directed solely to that drug.
Ms. Carpeneti explained that two of the sections deal
directly with meth amphetamines but the bill does have a
broader context. The manslaughter provision is for
distribution or manufacturing of any drug in violation to
the State's drug laws.
Representative Weyhrauch asked if current criminal law
allows seizure of a building or car if it is involved in the
manufacturing of meth amphetamines. Ms. Carpeneti said she
would research that and get back to the Committee.
Representative Weyhrauch asked if it was correct that meth
amphetamine could not be made without using Sudafed. Ms.
Carpeneti deferred to an online expert.
Representative Weyhrauch inquired about the possibility of
vapors of the meth amphetamine being absorbed into carpets,
walls and sheetrock of the lab and outside areas. Ms.
Carpeneti understood that was correct and that it could also
permeate airwaves of an entire building.
Representative Weyhrauch asked if the intent of legislation
was that criminal prosecution and application would address
any effect that the meth amphetamine reached. Ms. Carpeneti
advised that it clarifies if the drug is manufactured in a
building with reckless disregard to the danger of any child
in that whole structure, that person would be prosecuted in
first degree.
Representative Weyhrauch commented that reckless disregard
is a high standard. Ms. Carpeneti responded that it is the
highest, "knowingly" is the second highest, "reckless
disregard" the next and "criminal negligence" the last.
Representative Weyhrauch discussed "casting a wider net" for
lowering that to a comparable mental state. He asked if
that change would create a fiscal impact on the prison
system. Ms. Carpeneti thought that most meth lab arrests
would be able to prove reckless disregard because of the
dangerousness of the substance.
Representative Weyhrauch revisited the Sudafed question. He
asked if it was a critical component of meth amphetamine,
would it then be simpler to outlaw Sudafed sales in Alaska.
Ms. Carpeneti noted that there are legitimate uses of
Sudafed. There are several bills in the Legislature at this
time that could regulate the sale of that type of chemical.
2:56:45 PM
Representative Holm mentioned a bill passed a couple of
years ago that dealt with mandatory cleanup of these sites.
He added that HB 149 deals with the meth issue.
SGT. TIM BIRT, ALASKA STATE TROOPERS, DEPARTMENT OF PUBLIC
SAFETY, JUNEAU, testified in support of passage of HB 99.
Sgt. Birt commented on the common trend of the meth labs in
the State of Alaska. There is a complete disregard from
those that manufacture meth amphetamine for their safety as
well as the safety of those around them. The manner in
which the chemicals are stored creates situations that are
extremely hazardous. He stressed that whether it is
intentional or not, a dangerous situation is created with
the chemicals that are used. In the actual meth labs, the
chemicals are usually found from the floor level up to
counter top, the areas in which children spend most of their
time.
Vice-Chair Stoltze asked for a description of the compounds.
Sgt. Burt explained that in Alaska, there are two primary
methods of manufacturing meth amphetamine.
· Using lithium metal and Sudafed
· Using iodine and red phosperous
Vice-Chair Stoltze inquired about the amounts of Sudafed
used. Sgt. Birt explained that in the manufacturing
process, the more chemicals put into the front, the more
finished product that results. What has been seen in the
"box labs" or "mom and pop" labs is that they take a few
boxes of Sudafed and manufacture grams and/or ounces of
meth. For every one unit of Sudafed in the front end, the
result is ¾ unit of meth. Some retailers now limit the
number of boxes of Sudafed, which can be sold over the
counter.
3:03:32 PM
Co-Chair Chenault asked how many meth labs have been busted
in Alaska in the last two to five years. Sgt Birt responded
that those numbers are available but that he did not have
them at this meeting. In 2004, in the Mat-Su valley, there
were 50 to 60 meth labs busted.
Co-Chair Chenault pointed out that the three fiscal notes
all indicate a zero fiscal impact, which surprised him given
the size of the problem statewide. He requested that the up
front anticipated costs be submitted to the Committee.
3:06:04 PM
Representative Holm noted that Alaska has no restrictions on
the purchase of Sudafed. He asked if there should be laws
in place to limit the sale of any ephedrine. Sgt. Birt
commented that Sudafed actually serves legitimate purposes.
He agreed it should be regulated and restricted, which might
help with the problem. Other states that have restricted
the sales have experienced a dramatic decrease in the meth
labs. That drop happened almost immediately with the
passage of their legislation.
Representative Holm understood that if ephedrine came off
the market, there are other options for those that need it
and could be purchased over the counter. Sgt. Birt
acknowledged that there are other compositions of Sudafed
such as a gel cap or cough syrup. In other states, only the
actual cold tablets are regulated.
3:09:04 PM
Representative Holm questioned if that would be possible in
Alaska. Sgt. Birt replied that controlling Sudafed tablets
would definitely have an impact on the meth labs.
Representative Holm recommended that the Committee look
further into that possibility.
3:09:36 PM
JAMES STEELE, (TESTIFIED VIA TELECONFERENCE), MANAGER,
OFFICE OF CHILDREN SERVICES, DEPARTMENT OF HEALTH AND SOCIAL
SERVICES, WASILLA, testified in support of HB 99. He
commented that he comes into contact with the issues of meth
labs not only in his role as manager of children's services
but also as a deputy fire chief. Mr. Steele stressed that
Mat-Su has the fasted growing population and the fastest
growing number of drug labs in the State.
Mr. Steele pointed out that two years ago, the local drug
teams seized 30 labs; last year, that number increased to
51. He noted that there is a critical problem when cooking
meth in that all surfaces become contaminated through the
fumes. Toxic fumes and poisonous gases pose an extreme risk
for anyone exposed.
3:12:17 PM
Last year, the Office of Children Services took custody of 8
active labs. There were workers that transported kids who
had to be decontaminated because of their exposure to the
meth. He stressed that children's normal behavior, places
them at risk for contaminates of the meth and dangerous
chemicals. Currently, his office receives about 40 monthly
reports related to some aspect of meth production. This is
a huge growing concern. Mr. Steele offered to answer
questions of the Committee.
3:13:48 PM
Vice-Chair Stoltze asked how often are firemen, the first
responders to the meth lab scenes. Mr. Steele acknowledged
that it does occur, however, often times the fire department
does not find out until later in the process. Sometimes
there are explosions. He pointed out that they have
responded to car fires with mobile labs. It does occur, but
he did not know the number.
3:15:22 PM
Co-Chair Meyer noted that the bill would be HELD in order to
merge it with other bills with a similar concern.
3:16:27 PM
Representative Weyhrauch hoped that the legislation would
not affect homebrew, wine or beer making.
HB 99 was HELD in Committee for further consideration.
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